Living Wills in Thailand (for Expats)

A living will in Thailand is a legally recognized form of advance health care directive, created by someone who is still mentally and legally competent. It allows individuals to document their wishes regarding medical treatment should they become unable to communicate or make decisions due to serious illness or incapacity.

Under Section 12 of the National Health Act B.E. 2550 (2007), individuals in Thailand, including expats, have the right to refuse medical treatment that would merely prolong the final stage of life or cause unnecessary suffering. This is typically done through a written living will, which can instruct doctors to withhold or withdraw life-sustaining interventions such as resuscitation, feeding tubes, or mechanical ventilation.

Importantly, Thailand permits passive euthanasia, meaning patients can legally refuse or discontinue life-prolonging treatments in accordance with a valid living will. However, active euthanasia, the deliberate act of causing death, such as administering a lethal injection, remains strictly illegal under Thai law. No provisions in the National Health Act or ministerial directives allow for physician-assisted suicide or any form of active euthanasia. This distinction reflects both legal and cultural factors, including strong Buddhist influences that, like many major religions such as Christianity and Islam, emphasize the sanctity of life, natural death, and the ethical concerns surrounding the intentional ending of life.

A Living Will is often combined with a health care proxy or medical power of attorney, empowering a trusted person to make medical decisions on your behalf if you're unable to do so. Together, these documents offer comprehensive coverage and peace of mind, especially important for expats navigating the Thai healthcare system.

Valid Living Will in Thailand

To ensure your living will is legally valid and enforceable in Thailand, it must meet the following criteria:

• A – The document should be written in Thai, especially if it is to be presented to Thai medical personnel or authorities.
• B – It must be in writing and signed by the person making the will while they are still legally competent.
• C – It must be witnessed by at least two people who are not beneficiaries of your estate and have no conflict of interest.
• D – It should clearly state your medical preferences, particularly regarding life-prolonging treatment during a terminal illness or irreversible coma.
• E – While appointing a health care proxy or representative is optional, it is highly recommended. This person can help ensure your wishes are followed if any uncertainty arises.

Notes for Expats

• The document does not need to be notarized but must follow the general format or intent outlined by the Ministry of Public Health.
• Some hospitals may require the living will to be submitted or registered with them directly.
• Foreigners (expats) can legally create a living will in Thailand, but it is strongly advised to consult with a Thai-speaking legal professional or medical provider to ensure the document is properly prepared and enforceable.