Thank you for your regular servings of Filter Coffee. Much appreciated.
Your segment on Living Wills is a bit ambiguous, at least to me. You have said there is no legal sanction to living wills in India. To me, as a lay person, it means that such wills cannot be legally enforced - presumably because relevant laws have not been passed formally as yet.
But then you go on to write that as per the Supreme Court, a person of competent mental faculty is "entitled to execute" an advance medical directive in accordance with the safeguards; and that such advance directives "will remain in force" till legislation is made.
So, what does this really mean? Does the "entitlement" of the person extend to a legal (I repeat, legal) obligation on the part of the near and dear, and indeed the attending doctors, to follow this directive in totality? Or, is it merely an entitlement to "execute" an advance medical directive - which however leaves the actual implementation to the judgement of the others? The assumption here, of course, is that the person is incapacitated/cannot apply his or her mind/is in a coma/cannot participate in a discussion/etc.
The ambiguity is introduced by your opening statement that "there is no legal sanction" to living wills. Has the Supreme Court given a directive? Or, is it merely a recommendation, in the absence of laws? In other words, is the person concerned being told,"Yes, you indeed have the right to execute such a living will. But whether your wishes will be carried out or not is being left to the best judgement of the relevant others"?
very valid observations. I have set out in the newsletter the guidelines laid down by the Supreme Court. But in real life the ethical dilemma will play out and the attending doctors would be hesitant to "pull the plug". In case of people who are brain dead, the decision appears easy to take as the Doctors themselves would advise the relatives and in some cases the relatives would even permit organ harvesting. In fact the patient himself could provide for it in the living will. A friend of mine who passed away recently dedicated his body for medical research. I urge you to read the SC decision by clicking on the link.
While the above letter this week to the readers, pertains to legal matters for disabled people, euthanasia or mercy killing and Power of Attorney I wish to draw attention to the foot paths' conditions in just about every city, town and the difficulty that the aged, eye sight impaired and arthritic sufferers using them.How are they supposed to navigate when the perineal conditions of the footpaths are always uneven, rubble turned over everywhere and in parts nonexistent safe pathways. People are put at risk as a result of governments' taxpayer money being misused by authorities who are entrusted to do the job. Why are the citizens not demanding that there tax payer money be used for the good of the society instead of politicians and bureaucrats lining their pockets?
Thank you!!
Excellent I think u r referring to suraj lamp case decided by supreme court
There r two parts of d's judgment
But sale by a power of attorney is not prohibited
Thanks Nataraj. Much appreciated.
Getting to be an addiction. Thanks Prasanna
Thank you for your regular servings of Filter Coffee. Much appreciated.
Your segment on Living Wills is a bit ambiguous, at least to me. You have said there is no legal sanction to living wills in India. To me, as a lay person, it means that such wills cannot be legally enforced - presumably because relevant laws have not been passed formally as yet.
But then you go on to write that as per the Supreme Court, a person of competent mental faculty is "entitled to execute" an advance medical directive in accordance with the safeguards; and that such advance directives "will remain in force" till legislation is made.
So, what does this really mean? Does the "entitlement" of the person extend to a legal (I repeat, legal) obligation on the part of the near and dear, and indeed the attending doctors, to follow this directive in totality? Or, is it merely an entitlement to "execute" an advance medical directive - which however leaves the actual implementation to the judgement of the others? The assumption here, of course, is that the person is incapacitated/cannot apply his or her mind/is in a coma/cannot participate in a discussion/etc.
The ambiguity is introduced by your opening statement that "there is no legal sanction" to living wills. Has the Supreme Court given a directive? Or, is it merely a recommendation, in the absence of laws? In other words, is the person concerned being told,"Yes, you indeed have the right to execute such a living will. But whether your wishes will be carried out or not is being left to the best judgement of the relevant others"?
very valid observations. I have set out in the newsletter the guidelines laid down by the Supreme Court. But in real life the ethical dilemma will play out and the attending doctors would be hesitant to "pull the plug". In case of people who are brain dead, the decision appears easy to take as the Doctors themselves would advise the relatives and in some cases the relatives would even permit organ harvesting. In fact the patient himself could provide for it in the living will. A friend of mine who passed away recently dedicated his body for medical research. I urge you to read the SC decision by clicking on the link.
While the above letter this week to the readers, pertains to legal matters for disabled people, euthanasia or mercy killing and Power of Attorney I wish to draw attention to the foot paths' conditions in just about every city, town and the difficulty that the aged, eye sight impaired and arthritic sufferers using them.How are they supposed to navigate when the perineal conditions of the footpaths are always uneven, rubble turned over everywhere and in parts nonexistent safe pathways. People are put at risk as a result of governments' taxpayer money being misused by authorities who are entrusted to do the job. Why are the citizens not demanding that there tax payer money be used for the good of the society instead of politicians and bureaucrats lining their pockets?
Great observation. Worth writing about in future edition. Thank you!!!