• Health care power of attorney

In the United States and other EU countries, individuals can legally identify a family member or close friend to make medical decisions (like continuing treatment, hospitalization, medication, surgery etc) if the individual is incapacitated - unconscious or unable to talk due to sudden health issues. Is there anything similar in India. How can one be drafted ? Is there a standard format ? and what is the procedure to register them ? My mother lives in Kerala, India and am currently living abroad for work. She would like to assign me as the sole decision-maker in case of an emergency.
Asked 5 years ago in Civil Law

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20 Answers

Your mother can execute a living will 

 

2)living  will is a document that states a person’s wish with respect to how they want to be treated if they are terminally ill

 

3) The person making a living will should be of healthy and sound state of mind and should have the capability to communicate his or her intent and decision clearly

 

4) It should state at which point treatment should be withdrawn or not given. It must state the circumstances of enforcing such a decision. It should name a relative who can decide on his/her behalf 

 

5) The living will should be signed by the testator in the presence of two witnesses. It should be countersigned by the judicial magistrate of first class (JMFC), confi rming that the will has been drawn up voluntarily

 

6) The JMFC will maintain a copy of the will and forward a copy to the registry of the district court of that jurisdiction.

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Dear Sir,

- There is no such specific term in India, however a draft can be prepared and registered for making decision on person behalf 

- However, no such actions are permissible which are against law.

- If desired, the draft can be prepared and shared as per requirement.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

as per indian law for Power of Attorney, it is not prohibited.

if any one intends to do this sort of power, it can be prepared and registration process is as usual.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Your mother would have to execute a living will in your favour in order to do so. This is a document executed by a competent person of sound mind, on his/her own volition and without coercion, about the health care decisions to be followed in the event of the person becoming incompetent to make crucial decisions.

Supreme Court has allowed people to draw up "living wills" and it can be legally done. The executor of living will with have to affux his/her signature and it be done  in the presence of 2 witnesses. It should be also be attested by Judicial Magistrate of First Class (JMFC).

ESSENTIAL ELEMENTS OF A LIVING WILL

 It should clearly indicate the decision relating to the circumstances in which medical treatment can be withdrawn and  the names of family member or close friend to make medical decisions.

 Instructions must be absolutely clear and unambiguous.

 It should mention whether the patient may revoke the instructions/authority at any time

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1. In India there is no such provisions of law which specifies who will take decision about the treatment of an incapacitated person.

 

2. For operating a person, the hospital takes bond from the near ones of the patient and the nearness in relationship has not been specified by law.

 

3. Otherwise also you are expected to take decision about the teratment of your ill mother for which no agreement will be required in India as per law.

 

4. However, you can take such power assigned on you for taking decision on her treatment in case she is incapacitated and in that case your decision about her treatment will prevail over the dicision taken by her othger legal heirs/relatives.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Yes, she can sign POA on your name if there is any emergency and need to have prompt decision to make.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Hi,in India a WILL can be drafted under such circumstances 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

General power of attorney or special can be made giving such rights on India also. There is no standard format as such you can draft with help of advocate and register same or notarise,

Mother can sign a POA in presence of two witness and can notarise and can give you same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Here the guardian who has immediate control or care of the patient can take such decision only if the patient is unable to give such consent or decision due to his medical condition.

2 Such parson are wife, adult children or parents.

3. Your mother need to make any written arrangement for enabling you to take such decision. If she becomes incapacitated you are automatically authorised to take all decisions which are material for her welfare along with your father an other siblings  except on Euthanasia which is illegal in India.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

To appoint someone as  healthcare power of attorney, there is a form that your mother can fill out that names the individual and any stipulations that her wish them to have regarding her medical care. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello,

In India you can file an application before the court which would appoint a guardian for a minor as well as person who are unable to do their own work.

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

In India a close relative can take such decision in the form given by hospital.  No such separate draft is necessary

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Hello, 

She can do the same by means of an authority letter, 

There is no prescribed format and in India if one wants to take euthanasia at a point of time then one has to take permission from the court. 

There is nothing like this in India, in case of emergency of parents it is deemed that the son/ daughter may take appropriate decision.

 

Regards   

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

If you are the only son and as a legal heir you are bound to make decisions whilst she is incapacitated.  You can get a Power of Attorney.

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

 Registered GPA paper shall work in those circumstances along with a life certificate. ( Life certificate that she is still alive despite in those unconscious state) 

 

GPA is used during lifetime. GPA is invalid after death.


GPA must have been duly registered with the office of sub registrar to serve the purpose.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

In India also old persons can sign a Will or GPA in favour of nearer or dearer and the language is " (NAME HENCE FORTH WILL LOOK AFTER ME AND I EMPOWER HIM/HER TO TAKE MEDICAL DECISIONS RELATED TO ME AND WHEN REQUIRED OR HE/HER DEEMED FIT TO TAKE IN CASE OF MEDICAL EMERGENCY'. NO ONE IN MY FAMILY WILL HAVE ANY OBJECTION TO IT. I AM SIGNING THIS GPOA IN SOUND STATE OF MIND WITHOUT ANY OUT SIDE PRESSURE.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Hospitals keeps the form of NOC and only closest family member or legal guardian is authorize to this. Or cousin  herself authorizes to some person via POA.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

There is no such a provision in law in India.

If at all you want your mother to make an arrangement of her assets, she can either transfer all her assets (both movable and immovable) by a testamentary disposition i.e.,   by bequeathing the properties through a Will  which can be enforced after her lifetime.

Second optio is that she can transfer all her assets in the name of the chosen beneficiary by executing a registered settlement deed  by retaining life interests over the proeprty to herself and the beneficiary can avail the properties after her lifetime.

You may even contact an advocate in the local for making any other type of arrangement other than what has been suggested/proposed here.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

there is no particular format

the consent from family member is taken prior to undertaking any risky operation or surgery on the patient

i do not think now is the time to give any such consent

the consent at the relevant time, when need arises, can easily be taken over whatsapp or by email or through video call by the concerned hospital or doctor requiring the said consent 

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

Yes this is also available in India under a central act passed by the parliament.

The Mental Health Act, 1987, makes provisions with respect to taking care of the estate of a person who is mentally challenged - someone who needs treatment for his or her mental disorder. It is important to clarify here that a mentally ill person does not in any way mean or include a mentally retarded person.

Where an alleged mentally challenged person owns property, any of his relatives may come forward with an application to the district court for holding an inquiry regarding his mental condition for the appointment of someone to manage his or her property. On the receipt of such an application, the concerned district court within the local limits of whose jurisdiction the mentally ill person resides, takes appropriate steps for initiating a judicial inquiry regarding the mental condition of the alleged mentally challenged person.

After conducting such an investigation, in case the district court or the collector of the district confirms that the person is mentally challenged and incapable of managing the properties, it can appoint a suitable person as a manager for the property in question.

The manager appointed has the same powers with regard to the management of the property of the mentally challenged owner would have enjoyed. The manager has the power to execute conveyance on behalf of the owner after obtaining prior permission of the court. In case the manager wishes to execute mortgage or lease of such property for more than five years, then he has to obtain an order from the court before signing the mortgage deed/lease deed in lieu of the mentally ill person.

In a situation, where a person enters into a contract to sell the property owned by him and is later unable to fulfil the contract owing to his mental illness; the court may direct the appointed manager to do fulfil such incomplete contract. The manager is bound to act according to the directions of the court that appointed him. However, a manager can only manage the individual property of the mentally challenged person and canot be appointed for joint family property.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

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