Living wills in the UAE - Protecting your healthcare decisions with clarity and legal guidance

Author: Anjali Nair

Understanding living wills

A Living Will, also known as an Advance Medical Directive (AMD), is a document that outlines an individual’s instructions for future medical and healthcare decisions when they are unable to make such decisions due to incapacity or terminal illness. It allows a person to decide in advance about their medical treatment relating to end-of-life care, life-sustaining treatments, and interventions - ensuring that their beliefs and values are respected during critical medical situations.

Under Islamic law, the importance of seeking patient consent before carrying out medical procedures is emphasized, and AMDs are viewed as a way to honor patients' wishes in end-of-life care.

A Living Will only comes into effect if the attending physician determines that the individual:

• Lacks the ability to understand, make, and communicate health care decisions for themselves; and
• Is either permanently unconscious or has an end-stage medical condition that may result in death despite medical treatment.

However, the legal clarity on the enforceability of Living Wills in the UAE remains a concern. While Living Wills/AMDs are legally recognised in many jurisdictions globally, UAE law does not yet explicitly regulate them, although the concept aligns with principles of Islamic Sharia.

Benefits of a living will

• Minimizing conflict - A clear directive specifying the treatment mechanisms to be implemented in the event of incapacity minimizes potential conflicts within the family. By removing ambiguity, individuals can spare their loved ones from the burden of making difficult decisions, reducing distress for everyone involved. At the same time, explicit instructions also enable doctors to proceed without hesitation in critical situations.
• Avoiding unnecessary medical procedures - By providing clear instructions on what medical procedures should and should not be carried out, individuals eliminate the risk of unwanted interventions. In some cases, families may face pressure to approve costly treatments that offer little benefit. A Living Will ensures that treatment decisions are guided by the patient’s wishes, bringing transparency and safeguarding dignity.

Key clauses to include in a living will

• Medical care preferences: Outlining the types of care and interventions one is comfortable with (e.g., ventilators, artificial nutrition, hydration, organ donation, hospice care, CPR, pacemakers, or surgery).
• Panel of doctors: Identifying trusted doctors to act as proxies, entrusted to decide the quality of life and treatment approach if the person becomes incapacitated.
• Healthcare/Medical Power of Attorney (POA): A POA authorizes a chosen healthcare agent to make medical decisions on the person’s behalf. Unlike a Living Will, a POA is not restricted to terminal illness or permanent incapacity—it empowers the healthcare agent to enforce the patient’s Living Will when required.

Conclusion

A Living Will or Advance Medical Directive (AMD) provides individuals with the ability to clearly express their medical wishes, thereby reducing ambiguity and potential disputes among doctors, family members, or next of kin. It ensures that autonomy and dignity are respected in line with UAE laws and Sharia principles, even in difficult end-of-life situations.

It also allows individuals to designate a trusted representative - ideally a medical professional - to act on their behalf in decision-making. Ultimately, a well-prepared Living Will ensures clarity, protects personal values, and prevents unnecessary conflicts.