Understanding Your Legal Rights to End-of-Life Medical Care
A Living Will is a legal document that allows an individual to express their wishes in advance regarding medical treatment during the final stage of life.
In Thailand, a Living Will enables a person to state that they do not wish to receive healthcare services intended solely to prolong the dying process or certain treatments associated with suffering from illness.
This right is recognized under Section 12 of the National Health Act B.E. 2550 (2007).
A Living Will helps communicate a person’s healthcare preferences when they may no longer be able to express their wishes directly.
1. What Is a Living Will?
A Living Will is a written declaration expressing an individual’s wishes regarding end-of-life medical treatment.
It allows a person to specify in advance which life-prolonging medical procedures they do not wish to receive under circumstances covered by Thai law.
The purpose of a Living Will is to respect the individual’s choices concerning medical treatment and the natural process of dying.
Unlike a Last Will and Testament, which concerns the distribution of property after death, a Living Will concerns healthcare decisions during a person’s lifetime.
2. Legal Recognition of Living Wills in Thailand
Under Section 12 of the National Health Act B.E. 2550 (2007), individuals have the legal right to make an advance written declaration refusing healthcare services intended solely to prolong the dying process during the terminal stage of life, or to end suffering from illness as provided by law.
This legal provision recognizes the importance of personal autonomy in end-of-life healthcare decisions.
A Living Will provides a means of documenting these wishes before the individual reaches a stage at which they may be unable to communicate their decisions.
3. Medical Treatments That May Be Refused
A person preparing a Living Will may express their wish to refuse certain medical procedures when the applicable end-of-life conditions arise.
Examples identified in the source material include:
3.1 Endotracheal Intubation
A person may state that they do not wish to undergo intubation or receive breathing assistance through an endotracheal tube solely for the purpose of prolonging the dying process.
3.2 Cardiopulmonary Resuscitation (CPR)
A Living Will may include instructions not to perform cardiopulmonary resuscitation (CPR) in circumstances covered by the declaration and applicable law.
CPR is an emergency procedure intended to restore circulation and breathing following cardiac arrest.
3.3 Unnecessary Life-Sustaining Medical Equipment
An individual may also express their wish not to receive medical interventions or equipment used solely to prolong life during the final stage of an illness.
The application of these wishes depends on the patient’s medical condition, the contents of the Living Will, and the applicable legal requirements.
4. A Living Will Is Not Euthanasia
It is important to understand that a Living Will is different from euthanasia.
A Living Will does not authorize a healthcare professional to intentionally cause a person’s death.
Instead, it allows the person to refuse specified medical treatments in legally recognized end-of-life circumstances.
The objective is to allow the natural dying process while respecting the individual’s previously expressed wishes.
A Living Will does not involve administering a lethal injection or taking deliberate action to accelerate death.
5. Palliative Care and Comfort at the End of Life
A Living Will does not mean that a person must be left without medical care.
Palliative care focuses on relieving pain, discomfort, and suffering associated with serious illness.
Even when a person has chosen to refuse certain life-prolonging treatments, appropriate palliative care may continue.
The purpose is to support comfort and dignity during the final stage of life.
6. Preparing a Living Will in Thailand
Individuals who wish to document their end-of-life healthcare preferences may consider preparing a written Living Will in accordance with Thai law.
The document should clearly communicate the person’s wishes concerning medical treatments that they do not wish to receive under the applicable circumstances.
Before preparing a Living Will, it is advisable to seek appropriate medical and legal guidance to understand the available options and relevant requirements.
Contact Anan Legal Services
If you require legal consultation concerning Living Wills and advance healthcare directives in Thailand, please contact us.
Anan Legal Services
Contact Person: Mr. Anan Suthon
Tel / WhatsApp: +66 81 750 3053
Professional Legal Consultation for Living Wills and Advance Healthcare Directives in Thailand.