A Living Will: Ensures your medical wishes are respected Prevents unwanted life-prolonging treatment Reduces uncertainty during critical medical situations Protects family members from making emotionally difficult decisions Provides clarity to attending physicians For expatriates in Thailand, it is especially important to have a locally compliant document recognized under Thai law.

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FAQ

FAQs Relating to Living Will IN THAILAND

What is a Living Will?

A Living Will is a written declaration made by a person stating their intention to refuse medical treatment intended solely to prolong the terminal stage of life or to relieve severe suffering from illness, in situations where they are no longer able to communicate their wishes.

In Thailand, this right is legally recognized under Section 12 of the National Health Act B.E. 2550 (2007).

Unlike a Last Will and Testament, which takes effect after death, a Living Will applies during a person’s lifetime when they are incapacitated.

Who Can Make a Living Will?

Any person with legal capacity and of sound mind may execute a Living Will in Thailand.

The individual must:

Understand their medical condition,
Understand the consequences of refusing treatment,
Clearly express their wishes in writing.

There is no nationality restriction, but the document should be properly drafted to ensure enforceability within Thailand’s healthcare system.

When Does a Living Will Take Effect?

A Living Will takes effect when:

The person is suffering from a terminal illness or medical condition specified in the document; and
The person is no longer capable of expressing their wishes.

It applies only during the lifetime of the person and ceases to have effect upon death.

Why is it Important?

A Living Will:

Ensures your medical wishes are respected
Prevents unwanted life-prolonging treatment
Reduces uncertainty during critical medical situations
Protects family members from making emotionally difficult decisions
Provides clarity to attending physicians

For expatriates in Thailand, it is especially important to have a locally compliant document recognized under Thai law.

How does it differ from a Last Will and Testament?

A Living Will concerns medical decisions during your lifetime if you become incapacitated.

A Last Will and Testament governs the distribution of your assets after death.

They serve completely different legal purposes and should both be considered as part of comprehensive estate planning.

What Are the Limitations of a Living Will?

It does not permit euthanasia or mercy killing.
It does not deal with property or inheritance.
It must comply with Thai medical regulations and ethical standards.
It applies only to treatment intended to prolong the terminal stage of life or relieve severe suffering.

Protect your medical wishes before a crisis occurs.

Whether you are a Thai national or a foreigner living in Thailand, proper drafting is essential to ensure your Living Will complies with Thai law and hospital regulations.

Legal Disclaimer

This article is for general informational purposes only and does not constitute legal advice. The application of Section 12 of the National Health Act B.E. 2550 (2007) may vary depending on individual circumstances and medical conditions. Professional legal consultation is recommended before executing any Living Will in Thailand.

This content has been updated, reviewed and verified on February 2026 by:

Supat Samunram (Barrister)

Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Legal Counselor, Central Juvenile and Family Court
Specializing in Contracts, Property, Corporate, and Family Matters