The Terminally Ill Adults (End of Life) Bill (“the Bill”) is a proposed piece of legislation currently making its way through Parliament. If passed, it would introduce a legal route for terminally ill adults to seek medical help to end their life in specific circumstances.
What does the Bill allow?
In simple terms, the Bill sets out a legal framework for assisted dying where strict criteria are met, including that the person must be aged 18 or over, diagnosed with a terminal illness and expected to die within six months, and they must have the mental capacity to make the decision to end their own life.
Provided that the strict criteria are met, the person can request medication to end their own life. The process would include legal checks and safeguards, and if medication is prescribed it would have to be self-administered.
Why is this significant?
If enacted, this would be the first time UK law allows steps to be taken to end a life. This is very different from existing options like an Advance Decisions or a Health & Welfare Lasting Power of Attorney (“LPA”), which are designed to cover decisions made about life-sustaining medical treatment in situations where a person loses capacity, and do not permit assisted dying.
What does this mean for you?
If you have strong views about medical treatment and end-of-life decisions, it’s important to plan ahead.
Many people presently make arrangements in relation to their medical treatment in the event that they lose capacity. These include making an “Advance Decision” to refuse consent to certain life sustaining treatment and/or appointing attorneys who can make such decisions under a Health & Welfare Lasting Power of Attorney. These measures do not authorise assisted dying but rather address the question of when life sustaining treatment can be administered where the individual does not have capacity to give or withhold consent to that treatment. In contrast, the assisted dying rules will not cover life sustaining treatment and assisted dying will only be possible where the person concerned still has capacity.
Need advice?
We help clients put these documents in place with clear, compassionate guidance. If you’d like to talk about your options, just get in touch.
Related insight
If you’re an employer or HR professional, the Terminally Ill Adults (End of Life) Bill also raises important workplace rights issues. Our Employment Law Team explains the new protections and responsibilities in more detail – How the Terminally Ill Adults (End of Life) Bill could affect employment rights.
