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
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