Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
Palliative care (การดูแลแบบประคับประคอง, kan du lae baep prakhap prakhong, sometimes called comfort care or hospice care) is medical care aimed at relieving the pain and symptoms of a serious or terminal illness without trying to cure it. In Thai law it sits next to the right of a patient under Section 12 of the National Health Act B.E. 2550 (2007) to refuse treatment that would only prolong dying. A living will under that section typically refuses resuscitation and machines while asking for palliative care, and doctors who follow it are protected by the Act. For a foreigner facing a final illness here, this is the law that matters.
Table of Contents
The legal basis in the National Health Act
Section 12 gives a person the right to make a written declaration refusing health services that serve only to prolong death in the terminal stage of illness, or to end severe suffering. The Ministerial Regulation of 2010, in force since 20 May 2011, spells out the procedure: the declaration must be in writing, identify the maker, be dated and signed, and state which treatments are refused. It also confirms that refusing life-prolonging treatment does not mean refusing care. The hospital must continue to relieve pain and symptoms, and the patient may ask for that in the same document.
A practitioner who complies with a valid declaration commits no offence and is released from liability under the Act. This protection covers the two decisions palliative care involves: not starting treatment that cannot cure, and giving enough medication to control pain even where that shortens life as a side effect. What it does not cover is any act intended to cause death, which remains murder under Section 288 of the Criminal Code; see the entry on euthanasia.
Practical points for foreigners in Thailand
Palliative services exist in the large private hospitals in Bangkok, Chiang Mai, Pattaya and Phuket, in public university hospitals, and increasingly at home through hospital outreach teams. Access starts with a doctor’s finding that the illness is at its terminal stage; many private hospitals ask a second doctor to confirm it before they act on a living will. Strong opioids are controlled drugs in Thailand but are lawfully prescribed for pain in a hospital setting, so patients need not fear that pain relief will be withheld.
The document to prepare is a living will in the Thai form, bilingual if the maker does not read Thai, signed before at least one witness who has no interest in the estate, with copies at the hospital and with the family. It can state a preference for home over hospital and can name a person to make treatment decisions, a role recognised by the National Health Commission’s 2020 notification on surrogate decision makers. A directive signed abroad is rarely honoured here. Whether insurance pays for palliative care depends on the policy, and long stays are often paid out of pocket.
Palliative care, withdrawal and euthanasia
| Measure | Aim | Status under Thai law |
|---|---|---|
| Palliative care | Relieve pain and symptoms | Lawful; may be requested in a living will |
| Withholding or withdrawing life-prolonging treatment | Let the illness run its course | Lawful on a valid Section 12 declaration |
| Active euthanasia or assisted suicide | Cause death | Criminal offence, consent irrelevant |
The three are often confused, and the confusion causes real problems: families demand that everything possible be done because they fear that palliative care means giving up, or ask doctors to hasten death because they think a living will permits it. Neither is right. A living will switches off what prolongs dying; palliative care manages what remains; and nothing in Thai law allows anyone to bring the end forward. Patients who understand the distinction write clearer directives, and hospitals act on clear directives faster.
Frequently asked questions
Is palliative care available to foreigners in Thailand?
Yes. Major private hospitals, university hospitals and some home-care services provide it, and Section 12 of the National Health Act applies to anyone treated in Thailand. Cost depends on the hospital and on whether the patient’s insurance covers end-of-life care.
Can a living will in Thailand ask for palliative care only?
Yes. A declaration under Section 12 can refuse resuscitation, ventilation, tube feeding and dialysis while asking for pain control and comfort care, and can state a preference for dying at home. It cannot ask for a lethal dose; that clause would be void.
Is a doctor liable for stopping treatment under a Thai living will?
No. The National Health Act provides that a practitioner who complies with a valid declaration commits no offence and is released from liability. The 2010 regulation setting the procedure was upheld by the Supreme Administrative Court in 2015.
See also: terminal illness, euthanasia, incapacity, and the guides on the living will in Thailand, the 2010 living will regulation and expat health insurance.
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