How can I get a living Will?
Did you know that A Living Will is a very recent thing in Thailand? They were only recognized in 2007, by the Thailand National Health Care Act 2007. It gives the right to refuse treatment when the patient is terminal and incapable of communication.
All sorts of circumstances can and often do happen here in Thailand. But the honest truth is, most people never discuss what their wishes are if they are either in that position, or in a terminal condition like cancer.
My father back in the UK has dementia. He recently got CoVid-19, and the doctors asked my Mum if she wanted to have a Do Not Resuscitate (DNR) added to his medical record. As due to his illness and age, they wouldn’t put him on a ventilator, should it come to that. She was upset, couldn’t think straight and, had no idea if it was what my father would have wanted, they had never discussed it.
So, let’s discuss it now.
Firstly, in this blog let’s look at the conditions of a living will. Those are,
1. A living will must be a written document,
2. The person making a living will should be of a healthy and sound state of mind and should have the capability to communicate his or her intent and decision clearly.
3. While making a living will, he/she should not be under the influence of someone else or is in any way, forced or coerced.
4. The living will should be made voluntarily by the person and not under duress.
5. The will should declare that the person making it knows the consequences. It should state at which point treatment should be withdrawn or not given.
6. The living will should be signed by the maker in the presence of two witnesses.
7. The person making the Will must be 18 years or older.
Procedure of having a living will
The procedures of a living will include the following steps.
A Living Will can be written as a Power of Attorney. Alternatively, it can be a separate document assigning a health care representative. That appointed person then makes decisions on your behalf.
The Living Will itself, does not need to be notarized but must be signed by you, the appointed health care representative, and two witnesses. It is a good idea to file the Living Will with the hospital you normally go for your checkups with, or where you are currently having treatment. Best practice would be for you to have maintained copies on hand. Together with important documents as well as with the appointed health care representative.
The Living Will does not have to be complex. It can be a generic form outlining conditions and requirements. However, it is best completed with an experienced lawyer that knows how to cover all areas.
Your Living does not have to be in Thai and English. It can be only in one language. But to stop any dispute in said circumstances, it is better if it is in Thai and English so that every health care provider understands your clearly your wishes.
In Conclusion of How can I get a living Will?
The drafting of a living will can be a simple process. Just a one-page document. And God forbid you are diagnosed with a terminal illness, get one added to your Last Will. Don’t put your loved ones in the difficult position of having to make the choice of you being resuscitated or not. It isn’t a choice they should be making.
But if you plan to make a living Will and want to make sure it does not leave any problem after you are gone or became mentally unstable. Or if you have any questions about your living will, or Last Will and Testament. Book a FREE consultation with a Thai Wills Lawyer. Our attorney’s will make sure it covers your needs. Then, there will no confusion after the death or incapacity regarding your treatment.