Living Will
Thailand has long been a favored destination for retirees from around the world—not only for its beautiful landscapes and welcoming culture, but also for its world-class healthcare services. As more expatriates choose to spend their later years in Thailand, understanding the country's approach to end-of-life decisions has become increasingly important. One such provision that is legally recognized in Thailand is the Living Will, commonly referred to as a Do Not Resuscitate (DNR) letter.
What Is a Living Will?
A Living Will is a written document that allows an individual to express their wishes regarding medical treatment in the event they are no longer able to communicate those wishes themselves. Specifically, it can include a directive to refuse medical interventions that merely prolong the process of dying or prevent suffering in the final stages of life.
In Thailand, a Living Will allows individuals to state in advance that they do not wish to receive medical treatment aimed solely at prolonging their life in terminal stages or to avoid unnecessary suffering from illness.
Legal Basis in Thailand
The right to make a Living Will in Thailand is protected under the National Health Act B.E. 2550 (2007).
According to Section 12 of the Act:
“A person shall have the right to make a Living Will indicating that he or she does not wish to receive public health services which are only to prolong the terminal stage of life or to relieve suffering from illness.”
“…Once a healthcare professional complies with the intention expressed in the Living Will, such action shall not be deemed unlawful, and the healthcare provider shall be free from all liabilities.”.
Requirements for Enforceability
For a Living Will to be legally enforceable in Thailand, it must meet specific criteria:
Compliance with the National Health Act B.E. 2550 – The document must be prepared in accordance with the guidelines set out in the Act.
Clear and Unambiguous Language – It must clearly state the individual’s intention to refuse life-prolonging or suffering-preventing treatment in the final stage of life.
Proper Documentation – Ideally, the Living Will should be signed and witnessed.
Notification to Healthcare Providers – To ensure the directive is followed, the Living Will should be shared with relevant medical professionals or institutions in advance.
Practical Considerations
a Living Will does not constitute euthanasia (Mercy Killing). Euthanasia remains illegal in Thailand. A Living Will simply allows individuals to refuse medical interventions that artificially extend the dying process or prolong suffering. It is an expression of a patient's right to decline treatment—not a request for assisted death.
According to Thai law, the Living Will becomes relevant only when the patient is unable to communicate or express their wishes—for example, due to unconsciousness or advanced cognitive impairment. In such cases, medical personnel are required to follow the instructions laid out in the Living Will.
However, if the patient remains conscious and mentally competent, their current verbal or written consent takes precedence over the Living Will. This ensures that patients retain full autonomy over their care while they are still able to make decisions.
How We Can Help
While Thailand provides a solid legal foundation for Living Wills, creating one that meets both legal standards and medical expectations can be complex. We advise retirees, expats, and individuals with chronic or terminal illnesses to consult with us to ensure your document is fully compliant and that your wishes are respected when the time comes.