Living will doctor writes to BMC commissioner for a custodian of his will

Dr Nikhil Datar, gynaecologist and judicial activist, notarised his living will on February 22. While Dr Datar is on a mission to sensitise people on the importance of having a living will, so that more people come forward to have their wills, he said it is high time that the corporation appoints a custodian to safeguard the documents

Mumbai: Two months after a city doctor became the first in the country to notarise his living will, the Brihanmumbai Municipal Corporation (BMC) is yet to appoint a custodian as per the Supreme Court (SC) guidelines.

Mumbai, India - December 22, 2022: Dr. Nikhil Datar and Dr. Smita Datar pose for the photos at Yashada Maternity and Nursing Home, Goregaon, in Mumbai, India, on Thursday, December 22, 2022. (Photo by Satish Bate/ Hindustan Times) (Satish Bate/HT PHOTO)

A living will is a written legal document that primarily provides instructions for medical care or for termination of medical support and what you want your relatives/friends/doctors to do in terms of healthcare when you are incapacitated in terms of taking decisions.

Dr Nikhil Datar, gynaecologist and judicial activist, notarised his living will on February 22. While Dr Datar is on a mission to sensitise people on the importance of having a living will, so that more people come forward to have their wills, he said it is high time that the corporation appoints a custodian to safeguard the documents.

“According to the SC order, municipal corporations are obliged to nominate a competent authority as a custodian to hold the documents of living will be executed by citizens. When I notarised mine, the corporation had no such custodian. I had therefore sent the will to the municipal commissioner. However, it has been two months since then. I don’t know who the custodian is and which department is safeguarding my will document,” said Dr Datar. He sent the letter to the commissioner on May 4.

As per the SC order, one has to notarise two copies of the will. While one copy has to be kept with the person who is supposed to take decisions on the will maker’s behalf, the other has to be sent to the local civic body, the custodian.

For the execution of the will, the proxy holder has to produce the will to the treating doctor. This will have to be verified with the will copy kept with the custodian. “It is an important document and my concern is it should not get lost among other files. With more awareness, we will have people notarising their will too. It is high time that we have a custodian,” said Dr Datar.

Since the time Dr Datar notarised his living will, he has been holding talks at various platforms to create awareness of the will and holding workshops on drafting and training of living wills. Inspired by Dr Datar, Dr Vivekanand S Rege, 62, a well-known dental surgeon, and Mahim resident also made his living will on April 27.

The Association of Medical Consultants, which held a talk on living wills on February 26, has decided to help people with e-format of living will.

HT reached out to civic chief and administrator Iqbal Singh Chahal for a comment but yielded no response.