Living Will in Thailand: Understanding the 2010 Regulation and Your Rights to Refuse Treatment

Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.

Last updated on 27 September 2026

Below is a non-official translation of the Living Will Regulation in Thailand from 2010. The official document in Thai is in the links below. This is for your information only.

Living Will Regulation in Thailand of 2010 (2553).

(-Unofficial Translation)
Ministerial Regulation
The requirement and implementation related to the intention expressed
letter desires not to receive the health treatment in order to prolong life
Or in order to cease the suffering of illness
B.E.2553

By the virtue of section 4 and 12 paragraph two of National Health Act B.E. 2550, the prime minister and the minister of Public health issue the ministerial regulation as follows;

Clause 1. Effectivity of the Living Will Regulation in Thailand

This Ministerial Regulation shall be effective after the expiration of two hundred ten days commencing on the date of publication in the Governmental Gazette.

Clause 2. Definition

In this Ministerial Regulation “Letter of Intent Expression” defines the letter that a person expresses his/her advance intention on which desires not to receive the health treatment in order to prolong the final period of own life or to cease the suffering of illness.

“Public Health treatment is prolonged the final period of own life or to cease the suffering of the illness” defines the methods a medical practitioner applies to the declarant in order to prolong dying in the final period of life, without saving the declarant from death or ending the suffering of illness. The declarant continues to receive palliative care.

“The final period of life” defines the condition of a declarant caused by the injury or incurable disease and the in-charged medical profession person has diagnosed according to the medical standard and found that such condition leads to the inevitable
death and also include the permanent loss of function of the cerebral cortex, causing permanent incapacity to perceive and communicate, with no behavioural response showing awareness and only reflex responses.

“The suffering from illness” defines the suffering of physical and psychological of a declarant arising from injury or incurable illness.
“Public Health Practitioner” defines a person who performs the profession according to the law on medical facilities.
“Medical Practitioner” defines a person who performs the profession according to the law on Medical Profession.

Clause 3. Conditions on Letter of Intent

Letter of Intent Expression shall be cleared enough to specify according to a declarant’s desires by making guideline information as follows;

(1) The items information of a declarant specifies name, surname, age, identification number and address or contact number.
(2) The date on which a letter of intent expression is made.
(3) Name, Surname, identification number of witness and the relationship with a declarant.
(4) Specify the type of public health which a person wishes not to receive.
(5) In case that a letter written by other person than a declarant, it should specify the name, surname and identification number of writer or typist.

A Letter of Intent Expression must put the signature or finger print of a declarant, witness and writer or typist.
A declarant may designate a name of person who will explain the real desires on which unclear definition. Such designated person must put the signature or finger print and identification number in the Letter of Intent Expression.
An intention expression letter may provide other details such as where a person wishes to die, the wishes on psychological treatment and comply with the customs and religious belief and the health facility shall cooperate as appropriate.

Clause 4. Location of Letter of Intent

A Letter of Intent Expression shall be made any where as their desires.
In case a declarant wishes to make a Letter of Intent Expression at the public health clinic, the public health practitioners and staff concerned shall facilitate as appropriate.

Clause 5. Presentation of Letter of Intent

Upon a declarant admits to the public health clinic, that person shall present the Letter of Intent Expression to a public health practitioner of that health facility without delay.
A declarant may cancel or change a Letter of Intent Expression. In case there are several Letters of Intent Expression presented, it shall deem that the latest version letter on which submitted to the in-charged medical practitioner is enforceable.

Clause 6. Requirements and Procedure

The requirement and procedure on a letter of Intent Expresion relating to the final period of life or cease the suffering of illness shall proceed as follows;

(1) In case a declarant is competence to communicate normally, the in-charged medical practitioner shall explain to a declarant related to the conditions and the likelihood of the disease at that time in order to ask for affirmation or refusal before performing according to a Letter of Intent Expression.

(2) In case a declarant is incompetence to communicate normally and there person as referred in clause 3 paragraph three or relatives of a declarant, the medical practitioner in charge shall explain the conditions and the likelihood of the disease to such person and notify the details regarding to the implementation of a Letter of Intent Expression before performing according to a Letter of Intent Expression.

(3) In case of the problem relating the implementation of a Letter of Intent Expression, the in-charged medical practitioner shall consult with a person as referred in clause 3 paragraph three or relatives of declarant by considering the intention of a declarant.
(4) If the declarant is pregnant, the Letter of Intent Expression may be carried out only after the pregnancy has ended.

Clause 7. Guidelines

The secretary with the approval of National Health Committee shall issue the announcement related to the guideline of work performance of public health clinic, public health practitioner, and public health officer according to this ministerial regulation together with the sample of a Letter of Intent Expression and published on the Governmental Gazette.

Given on 6th October 2010 (published in the Government Gazette on 22 October 2010; in force 20 May 2011)
Abhisit Vejjajiva
Prime Minister
Jurin Raksanawisit
The Minister of Public Health

Last reviewed: 27 September 2026. This translation was checked clause by clause against the Thai text of the Ministerial Regulation B.E. 2553 as reproduced in the National Health Commission Office’s guidance manual, and corrected where it rendered a duty (“shall”) as “may” and where it misstated clause 6(4) on pregnancy. It remains an unofficial translation.

• Official Regulation about Living Will in Thai (reproduced in the National Health Commission Office’s guidance manual, pages 7 to 9)

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