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Living Will in Thailand

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                                                    LIVING-WILL

September 13, 2013.

Living Wills are defined as advance health care directives, leaving instructions for treatment, made by someone still legally capable.

A Living Will is one form of advance directive or instructions specifying what actions should be taken in the event that that someone is no longer able to make decisions due to illness or incapacity.

A Living Will is; to refuse treatment in a terminal stage of live.

The Living-Will is a document written by a person, when still legally fit to do so, requesting to be allowed to die instead of being kept alive by artificial means.

Under the Thai National Health Act; Euthanasia, or actively killing someone painlessly who is suffering from an incurable illness, is NOT allowed.

In the Thai National Health Act, Art. 12, Part 1, dated 20 March 2550 (2007); the conditions for a Living Will are given.

Section 12;
A person shall have the right to make a living will in writing to refuse the public health service which is provided merely to prolong his/her terminal stage of life or to make a living will to refuse the service as to cease the severe suffering from illness.
The living will under paragraph one shall be carried out in accordance with the rules and procedure prescribed in the Ministerial Regulation.
An act done by public health personnel in compliance with the living will under paragraph one shall not be held an offence and shall not be liable to any responsibility whatsoever.

Some examples of a Living Will are added to this document and may be used to fill out and signed.

Please note that it is possible to include your personal wishes/directives.

The form does not have to be notarized.

Then submit and have it accepted by the hospital(s) of your choice and have it filed and included in your medical record.

Note; Hospitals are not obliged to accept the Living Will.

It is recommended to have your Living Will carefully and comprehensively discussed with and agreed by the responsible staff of the hospital(s).

Be/make sure that eventual previous files are removed from your records.

In addition to the Living Will, following decisions shall be made;

- To or not to donate your body, your organs for research and or reuse (transplants);
- To die at home* or at a hospital**;
- To be cremated, buried and/or repatriated.

* In case you die outside a hospital or at home your relatives may face the possibility to have to send your body for an autopsy to Bangkok.
** In case you die in a (Government) Hospital, the hospital will take care of certain formalities.

Disclaimer: While this document does provide information on law-related topics, it does not provide legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we can make no guarantee concerning the accuracy or reliability of the content of this document or at other documents/sites to which we link. Before taking any legal action, persons are advised to seek the advice of an attorney or professional qualified in the area of law concerned.

Copyright:
The complete or partial reproduction of this document is only permitted after consultation with, approval by and with reference to the P.G. Thai Enterprises Co., Ltd and the J.T. Easy Business Group Co, Ltd

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                                                         LIVING WILL – EXAMPLE 1

Advance Directive for Mr. /Mrs. …………………………………………………………………
Date: ……………………… To: …… Doctors, nurses, the hospital, or any related persons………………….…………..

In the event I am admitted to a hospital for medical treatment and I am unable to speak, write, or perform any functions independently, I direct that I do not want to be kept alive by life-support systems in order to extend my life. I wish to die peacefully and with my dignity intact. I do not want and do not permit anyone to sustain my life by providing me water, food, or anything else by tubes inserted into my nostrils, mouth, or any part of my body (I allow use of a urinary catheter). I do not permit and do not want surgery or use of electronic equipment if my heart stops beating. Pain-relieving drugs and sleeping pills should be used to stop the pain only.
The exceptions to the above comprise the following:
Injury to the brain, discovered during an x-ray, scan, or use of other medical equipment. The brain injury in this instance is minor and can be treated by surgery and the possibility of returning to normal is at least 90%. This exception is on condition that the surgery is done within 36 hours after I am admitted to a hospital.
I have contemplated this matter in detail and have consulted with …………………………………………………., lawyer at…………. ……………………………………………………, address ……………………………………………………………………………………………………………………, telephone number …………………………………………………, fax……………………………………………, home phone number …………………………………………………
I have been acquainted with this person for many years and appoint ………………………. with full authority to decide on any questions related to my medical treatment that may arise.
I release all person from any responsibility or legal proceedings from following my orders or the order of my representative. On the other hand, any persons not following my orders above cannot subsequently require payment for medical treatment from me or the administrator of my estate.

Signed ………………………………….. (Declarant / Principal)
………………………………………….. (Witness)
………………………………………….. (Witness)
Signed ………………………………….. (Representative).

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                                                           LIVING WILL – EXAMPLE 2

Full Name: …..................................... Hospital ID number: ……….................................
Address: …....................................................................
Passport Number: …......................................................

Being of sound mind and understanding all the implications, I ask that this document be brought to the attention of any medical facility in whose care I happen to be, and to any person who may become responsible for my affairs. This is my „Living Will‟ stating my wishes in that my life should not be artificially prolonged, if this sacrifices my Quality of Life.
If, for any reason, I am diagnosed as being in a terminal condition, I wish that my treatment be designed to keep me comfortable and to relieve pain, and allow me to die as naturally as possible, with as much dignity as can be maintained under the circumstances. As well as the situation in which I have been diagnosed as being in a terminal condition, these instructions will apply to situations of permanently unconscious states and irreversible brain damage. .
In the case of a life-threatening condition, in which I am unconscious or otherwise unable to express my wishes, I hereby advise that I do not want to be kept alive on a life support system, nor do I authorize, or give my consent to procedures being carried out which would compromise any Quality of Life that I might expect in the future.
I ask that you are sensitive to and respectful of my wishes; and use the most appropriate measures that are consistent with my choices and encompass alleviation of pain and other physical symptoms; without attempting to prolong life. Being of sound mind at the time of making this declaration, I ask that you will follow my wishes. It is my conviction that Quality of Life must be the main consideration for all decisions, not length of life.
In witness hereof, I have signed this document, which has also been signed by two witnesses, who have read and understand my wishes.

Declared by: …................................. Signature:.....................................................
Phone number: ….............................. E-mail address: …............................................
Signatures witnesses: 1 & 2
Witnesses names: 1 …...................................... 2 ………...................................
Date (day/month/year): ….......................................

Footnote: Refer to the Thai National Health Act, Art. 12, Part 1, dated 20 March 2550.


By: Pavlos Paul Georgakis
     Managing Director & CEO
     P.G. Thai Enterprises Co.Ltd


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