Today, On 31st May, Goa became the first Indian state to implement the ‘Living Will’ concept, allowing individuals to outline their end-of-life medical care preferences. This initiative gained prominence when a High Court judge became the first to execute a living will. The move aims to empower citizens with autonomy over their medical decisions.
Panaji: The Indian Medical Association (IMA) Goa state branch, in collaboration with the Goa State Legal Services Authority (GSLSA), recently organized an unveiling ceremony for the Advanced Medical Directives (AMD) booklet. The event presided over by a distinguished panel of judges, including Shri Justice M.S Sonak, Shri Justice Valmiki Menezes, and Shri Justice Jitendra Jain. Additionally, Dr. Sandesh Chodankar, the President of IMA Goa state, and Dr. Shekhar Salkar, along with other esteemed dignitaries, present at the ceremony.
Justice M.S. Sonak, On Friday, of the Bombay High Court, who serves on the Goa bench, gave his consent for an ‘End of Life Care (EOLC) will’ at an event in Goa. This marks Goa becoming the first state in India to operationalize the Advance Medical Directives (AMD) facility. Justice Sonak encouraged the public to engage actively, grasp the nuances of living wills, and make well-informed decisions.
Justice Sonak became the first person to execute what is commonly referred to as a ‘living will.’ This legal document allows an individual to provide instructions about their preferred end-of-life medical treatment options in advance.
The introduction of the AMD facility in Goa represents a significant step forward, as it empowers individuals to make informed decisions about their healthcare preferences should they become incapable of doing so in the future.
In his opening remarks, Dr. Shekhar Salkar highlighted how the Supreme Court of India’s landmark judgment in January 2023 paved the way for the legalization of End-of-Life Care (EOLC) living wills, also known as Advanced Medical Directives (AMDs). He expressed that this development is a boon for patients who are in futile medical conditions with no hope of recovery.
Dr. Salkar shared a personal connection to this issue, as his own father had been in a similar situation due to a prolonged illness. However, at that time, the lack of such legal options made that difficult phase of life even more challenging.
The AMD Booklet unveiled at today’s event provides a comprehensive overview of the various intricacies surrounding living wills, as well as links to relevant documentation and detailed information on the subject.
Dr. Sandesh Chodankar, during his address, informed attendees that initial discussions regarding end-of-life care began in February 2024, organized by the Indian Medical Association (IMA) Goa State branch. After numerous sessions and consistent backing from both the High Court of Bombay at Goa and the Goa State Legal Services Authority (GSLSA), IMA Goa able to establish and enact Advanced Medical Directives (AMD) in Goa. He also expressed his pleasure that the event marked the issuance of Goa’s first AMD.
Dr. Amol Mahaldar, a renowned nephrologist and expert on end-of-life care, recently gave an overview on the procedural and technical aspects of creating an advanced medical directive, also known as a living will. He emphasized that the living will must be drafted in a specific format and executed in the presence of two witnesses. The document then needs to be certified by a gazetted officer before being forwarded to the main Mamlatdar (revenue officer) of the taluka (administrative division), who will then send it to the Nodal officer appointed by the District Collector for safe keeping.
Furthermore, Dr. Mahaldar explained,
“When the living will needs to be implemented, primary and secondary medical boards will carefully scrutinize the advanced medical directive and make a decision based on the merits of the case.”
The event marked a significant milestone with the creation of Goa’s first Advanced Medical Directive (Living Will).
Read Also: “FUTURE CHIEF JUSTICE- The Dazzling Legal Odyssey of Justice B. V. Nagarathna”
Justice MS Sonak became the inaugural individual from Goa to sign a living will, doing so in the presence of Dr. Sandesh Chodankar and Shri Dinesh Shetty, who served as witnesses. Additionally, Dr. Medha Salkar, Chief Medical Officer (Ophthalmic Cell) at the Directorate of Services, Goa, officiated the signing as the gazetted officer.
The introduction of Advanced Medical Directives represents a ground breaking development in the realm of end-of-life care, offering new possibilities for patients deemed beyond medical recovery. Goa proudly stands as the first state in the country to not only adopt but also implement these directives.
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