Re: Winter 2015 | Page 89

Is it time we permit human beings to voluntarily choose to put an end to their suffering? The Assisted Dying Bill has received active support from various campaigners such as Dignity in Dying who are continually calling on Parliament to legalise assisted dying, within upfront safeguards, for terminally ill, mentally competent adults. However, the Bill has its opposers such as the Archbishop of Canterbury who has publicly voiced his concerns over the proposed legislation. This is a topic which has no room for those wishing to sit on the fence. In summary it is a Bill to enable competent adults who are terminally ill to choose to be provided with medically supervised assistance to end their life. The Bill has had its first reading in the House of Commons with the second reading scheduled for 11th September 2015. In lay terms it means there is a long way to go before it becomes law. It is proposed that, subject to the consent of the High Court (Family Division), a person who is terminally ill may request and lawfully be provided with assistance to end his or her own life. The person must have made a declaration confirming he or she is aged 18 or over, has the capacity to make the decision to end his or her own life and has been resident in England and Wales for not less than one year. To be regarded as “terminally ill” the person must have been diagnosed as having an inevitably progressive illness which cannot be reversed by treatment and as a consequence of that terminal illness is reasonably expected to die within six months. The declaration must be signed by the person and be countersigned by two suitably qualified registered medical practitioners, one of which will assist in the ending of life (“the attending doctor”). The medical practitioners must also independently examine the person and be satisfied that the person is terminally ill, has sufficient capacity and has a clear and settled intention to end their own life. They must also ensure the person has been fully informed of the palliative, hospice and other care which is available. The attending doctor may prescribe medicines for the person to enable that person to end their own life. The decision to self-administer the medicine and the final act of doing so must be undertaken by the person for whom the medicine has been prescribed. The attending doctor will not be guilty of an offence. It is likely that the Secretary of State will issue one or more codes of practice in connection with the assessment of whether a person has a clear and settled intention to end their own life. Belgium is one of a few countries in Europe who have legalised euthanasia and it is reported that on an annual basis there are, on average, 1,400 deaths by euthanasia. They are mainly people suffering from cancer. Switzerland have legalised assisted suicide and it is the association Dignitas that is commonly associated with UK citizens travelling abroad to end the suffering and end their life. Surely it is the word “suffering” that ruling Bodies have to consider. It is the word Veterinary surgeons use when ending the life of a loved pet. Is it time we permit human beings to voluntarily choose to put an end to their suffering? Whilst we wait to see whether or not the Bill receives Royal Assent there are other legal documents that deal with similar issues, such as an Advance Directive which is a legal way to tell your wishes to family, friends and health care professionals about end of life care ahead of time. Another document which can be prepared is an Advance Decision which is a decision you can make now to refuse a specific type of treatment at some time in the future. It is more than likely that our readers have heard of “Power of Attorney” documents rather than Advance Decisions/Directives, of which the Lasting Power of Attorney for Health and Welfare (LPA HW) touches on this topic. The LPA HW permits the donor to confer authority to his or her appointed attorney(s) to make decisions to give or refuse consent to life-sustaining treatment on their behalf at a time when they unfortunately lack the capacity to make an informed decision. This authority is in addition to the general powers given to the attorney(s) to act in the best interests of the donor. As well as the LPA HW there is the LPA for Property and Financial Affairs which a person can prepare and appoint an attorney or attorneys to assist with his or her financial matters such as banking, signing contracts on their behalf and generally assisting with the person’s monetary affairs. Should you have any queries or questions on LPAs, Advance Decisions and or Advance Directives then our experienced Probate, Trust and Wills Team will be able to provide detailed guidance and advice. By Adrian Sharpin 87