Living Wills in Thailand
A "Living Will", also known as a "Physician's Directive", is a separate document from a Will. The difference between a Will and a "Living Will" is that the Living Will dictates how you will be cared for while you are still alive and a Will dictates funeral arrangements and how your assets will be divided after you have passed away.
By means of a "Living Will" you decide in advance what medical care and treatment you receive if you ever become unable to specify those wishes yourself. For example, you can designate whether you wish to be kept on life prolonging machines if there is no longer any hope that you will recover from an accident or long-term terminal medical condition, whether or not you want food or hydration, whether or not you want medication to make you more comfortable and other decisions of this nature. A "Living Will" is an important document and it's easy to make. Wouldn't it be better for you to make these decisions while you are able to instead of forcing your family to make them when you can't?
No provision of the Commercial and Civil Code of Thailand are related to "Living Wills". Thailand waited until 10 March 2007 to recognize "Living Wills" with the Health Act (2007), mentionning at section 12:
"Section 12: An individual is entitled to make a Living Will expressing that person's intentions to refrain from receiving medical treatment for the purpose of extending the last phase of their life or for ending the suffering arising from the illness.
The Living Will should be based on the principles and regulations of the Ministerial Regulation.
Public health officials abiding by the Living Will, based on paragraph 1, "are not conducting themselves improperly and will not be held responsible."
A very short and simple Living Will could be something like this:
LIVING WILL DECLARATION
THIS DECLARATION is made by (your name)
As I make this declaration I am of sound mind.
I direct this declaration to my family and to anyone else who may become responsible for my health, welfare, financial, or other affairs. I hereby declare as follows:
Should circumstances come to exist, such as there is no reasonable expectation of my recovery, I direct that no extreme measures of any kind be used. In the event that there is a substantial question about the possibility of my recovery, or if there is no reasonable expectation of my recovery, I request that medication or other measures be utilized to reduce my physical suffering. I ask that this request be carried out even in the event that such measures or such medication may shorten my life.
On behalf of myself and my Estate I hereby release from any liability all hospitals, physicians, other medical personnel, and all other individuals having any part in complying with the requests made herein above.
(Your signature, the date, the place, 2 witnesses, their addresses and occupation)
----------------------
In February 2009, the Thai regulation has not been adopted yet. So, it's very difficult to know what will be allowed or not in a Thai Living Will. On December 8th 2009, the cabinet approved a draft. See the latest article of Bangkok Post:
RELATED DOCUMENTS AND ARTICLES
|
RSS