Navigating the Assisted Dying Bill: Key Questions and Steps You Can Take Now

As Parliament debates the "Terminally Ill Adults (End of Life) Bill 2024-25" significant questions arise about how this new law might impact end-of-life choices. The bill, if passed, would allow terminally ill, mentally competent adults to request medical assistance in ending their own lives. Andrew Stevenson, partner and head of the wills, trusts and probate department at Hawkins Ryan Solicitors explores key questions about the bill’s implications and explains how to secure your wishes today through legally binding tools such as Lasting Powers of Attorney (LPA) and Advance Directives.

If any of the topics covered here raise concerns or prompt questions about your own plans, don’t hesitate to contact Andrew and the team at Hawkins Ryan Solicitors for assistance in putting these essential documents in place.

Key Questions Surrounding the Assisted Dying Bill

1.     What Protections Are in Place? This bill includes some of the “strictest protections” internationally to prevent any undue influence or coercion. It limits eligibility to terminally ill adults with a prognosis of six months or less to live, and it requires confirmation of the person’s settled, voluntary wish to proceed. Approval by two independent doctors (and, in some cases, a judge) would be required to verify the individual’s competence and confirm that their choice is fully informed.

2.     What is the “Slippery Slope” Concern? Opponents worry that legalising assisted dying for terminally ill adults could gradually expand to allow euthanasia in non-terminal cases. Experiences in Belgium and the Netherlands, where the scope has broadened to include non-terminal conditions, have influenced this concern. Supporters argue that strict oversight can limit such risks, pointing to the example of Oregon, where the law has remained focused on terminal cases since its inception.

3.     Current Steps You Can Take to Ensure Your Wishes Are Honoured Until this or any similar legislation takes effect, securing your wishes can be achieved through an LPA and, if relevant, an Advance Directive.

Lasting Power of Attorney (LPA) and Advance Directives: Protecting Your Choices

1.     Lasting Power of Attorney (LPA) An LPA allows you to choose someone to make decisions on your behalf if you become unable to do so. The two types of LPAs available in England are:

Property and Financial Affairs LPA: Covers decisions on your financial and property matters if you’re unable to manage these yourself.

Health and Welfare LPA: Allows your attorney to make decisions about personal welfare, including medical treatments and end-of-life care preferences.

2.     Advance Directive (Living Will) An Advance Directive lets you outline specific treatments you would refuse under certain circumstances. For instance, you may wish to decline resuscitation or life-sustaining interventions if diagnosed with an irreversible condition. Although not as binding as an LPA, Advance Directives guide medical professionals and are usually respected as an expression of your wishes.

3.     Combining LPAs and Advance Directives for Comprehensive Planning Many people find that having both an LPA and an Advance Directive provides the best assurance that their preferences are respected. With an LPA, a trusted person is legally authorised to make decisions on your behalf, while an Advance Directive offers clear instructions on your medical treatment preferences.

Contact Hawkins Ryan Solicitors for Expert Guidance

As the debate on the assisted dying bill progresses, having a clear plan in place can provide peace of mind and control over your choices. At Hawkins Ryan Solicitors, we specialise in end-of-life planning and can help you create LPAs, Advance Directives, or any other legal tools you may need. If this article raises questions about your own preparations, contact us today to discuss the best approach for ensuring your wishes are respected.

Andrew Stevenson

Partner