Living Wills in Thailand

A "Living Will", is what is known in Australia as an Enduring Guardianship Appointment. It is not in fact a Will at all. A Will operates as from the time of the testator’s death and sets out the testator’s testamentary wishes as to the disposal of his or her property after death.

A "Living Will" on the other hand allows a person to decide in advance what medical care and treatment they will receive if they ever become unable to specify those wishes themselves. 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.

The Thai Civil and Commercial Code makes no provision in relation to Living Wills. Living Wills were first recognised in Thailand in the Health Act in 2007.  

That Act provides in 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 acting in accordance with provisions in a Living Will "are not conducting themselves improperly and will not be held responsible."

The regulation was signed on 6 October 2010 by the Prime Minister of Thailand and came into effect on 20 May 2011.

A living Will does not allow mercy killing or euthanasia.

A "Living Will" in Thailand, must comply with following conditions:

- The person making the Will must be at least 18 years of age

-The Living Will must specify the date of the Living Will and all information about the person making the Will (full name, address, Thai ID, contact number, etc.).

- The Living Will must indicate which health care the Willmaker does not wish to receive and all information related to intentions about health care.

- It must be signed by the person making the Will and 2 witnesses. The witnesses should print therefore names addresses, ID card number is and relationship to the Willmaker. It is preferable that the witnesses not be beneficiaries under the Willmaker’s estate.

- The writer of the Will, if not the declarant, must be specified.

Lanna Lawyers                                       

99/107 Soi 10 Laddarom Elegance Payap (Q House)

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T. San Klang A. San Kamphaeng Chiang Mai 50130 Thailand

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