The Terminally Ill Adults (End of Life) Bill, more commonly known as the Assisted Dying Bill, is sparking debate as it recently passed through the second reading in the House of Commons. Should this Bill see its way through the entire legislatorial system, we would see the legalisation of medical assistance being provided to terminally ill individuals to voluntarily end their own lives if they have 6 months or less to live, something which has been a criminal offence since the Suicide Act 1961. We’ll take a look at how we’ve arrived at this point today, why the debate is so fierce, and where we may see this affect us in the future.
Assisted dying has been a topic of interest in the past, and has always been one of contention. In 2015, the Bill was introduced into Parliament, however it was rejected at the second reading. Therefore, this marks the furthest it has progressed in the UK. This is in part due to the increased public interest in the topic, and for that the original attempt can be credited for shining a spotlight on the issue. According to a survey taken by Dignity in Dying, 84% of the public support the option of assisted dying.
The most recent iteration of the Terminally Ill Adults (End of Life) Bill was proposed in October. As of now, it has passed the second reading with 330 votes in favour, with 275 against.
All In Favour…
Despite the complexity of assisted dying and its implications, its advocates largely believe that the importance of several key aspects underpin the necessity of this Bill passing. One of the most universally agreed upon problems amongst supporters is the lack of autonomy and dignity in the current law. They argue that terminally ill individuals should have the right to decide how and when they die in the face of unbearable suffering. Ending their lives on their terms, preserving their dignity and autonomy in the process. Furthermore, there is certainly an argument to be made that legalising assisted dying would alleviate suffering. Of course, palliative care is an option, however there are circumstances where the best pain relief available is unable to mitigate all the suffering these individuals must endure. In this respect, assisted dying would act to complement palliative care rather than replace or undermine it. The third largest argument has less to do with the specifics of assisted dying, and more to do with a democratic approach. As cited before, a large majority of the public support the Bill, and as the public’s representatives, Parliament should reflect the changes that the people want.
It also cannot be understated the positive impact that could be had by providing legitimate means for ending an individual’s life on their terms. As there is no way of doing this within the current legal framework, many choose to take alternative paths, principally suicide without oversight and support, or travelling abroad to countries where assisted dying has already been instated. The former ‘solution’ leads to between 300 and 650 suicides in the UK every year. One of the issues with this being the path taken is the effect on those close to the individual – in an emotional time such as discovering a loved one is terminally ill, suicide can be extremely distressing. Though assisted dying is an emotional experience regardless, the understanding of this decision may help loved ones. Travelling to another country for assisted dying can be even more difficult for a terminally ill individual’s loved ones, however. Due to the Suicide Act 1961, the assistance of a death is convictable of up to 14 years. Even in a scenario where they are not sentenced, the Forfeiture Act 1982 would ensure the assistant would not inherit any of the Estate. These legal issues are compounded by the high costs of travelling and financing assisted dying. It is far more beneficial in this circumstance, therefore, to provide a safer, more supportive and more compassionate option.
All Opposed…
There are reasonable arguments in opposition to assisted dying, however, and considering both sides allows us to have a more complete picture of any potential changes that may come about, as well as what these changes may mean for us. A large concern is the pressure that this may place on already overburdened institutions, particularly legal and medical systems. With assisted dying being such a time-sensitive action to take, pressure on, for example, the Court of Protection could result in ineffective handling of applications, or even mistakes in mental capacity or coercion assessments. That demonstrates the warning that opponents raise; should the exact details of the law not be precise and strict, it could create the opportunity for abuse. This would be particularly harmful due to the severity and finality of assisted dying.
Furthermore, the potential for pressure to be exerted on vulnerable individuals should be taken into consideration. Despite safeguards, there is a risk that vulnerable people may be coerced, either deliberately or accidentally, into choosing an assisted death. This could be as a result of subtle or overt manipulation, whereby family members or others who may benefit financially or emotionally from their decision, however it could also be due to well-intentioned expressions of concern about a person’s suffering or perceived burden. When assisted dying feels like the only viable option because of an environment created by others, should that be intentionally or unintentionally, it is questionable as to whether or not that decision was truly autonomous. The concern is that if the Bill passes, this prediction may be realised and lead to a number of deaths that are against the true wishes of the individuals.
Naturally, there are also moral and ethical criticisms, suggesting that legalisation could dilute the distinguishment between acceptable and unacceptable deaths, eroding the sanctity of life.
What Does This Mean For Estate Planning?
If the Terminally Ill Adults (End of Life) Bill does come to fruition, there could be profound implications for countless industries and walks of life, let alone estate planning. Within estate planning, we may be in for a number of impacts, some of which may include:
- Timely Execution of Wills and Lasting Powers of Attorney: If assisted dying becomes legal, it’s very likely that individuals would have to finalise plans for the succession of their Estate. We could see increased demand for Wills with tight timelines, something that Solicitors would have to adapt to.
- Enhanced Safeguards Against Coercion: Abuse of legal systems is already an issue for which Solicitors must remain vigilant, a prime example being the risk of elder abuse. Any safeguards set in place by the Bill would have to be undertaken by Solicitors and medical professionals, and this could amount to increased and more rigorous checks on Clients’ decisions.
- Increased Complexity in Probate: With any change in law comes rippling changes to longstanding practices adjacent to these changes. Probate could face new challenges, and it would be reasonable to believe that Contentious Probate could see an increase in cases due to changes in Estate planning habits and other arrangements made in contemplation of an assisted death.
- Public Awareness: As the law evolves, so must a Solicitor’s role as an educator. Often it falls upon legal professionals to educate the public about their rights and responsibilities, and clarifying how assisted dying legislation intersects with existing legal frameworks would become a key talking point.
The path to legalisation remains uncertain, however one thing that is clear is that the ongoing debates are paving the way for a more nuanced discussion about the rights and protections of terminally ill individuals. As these debates continue, it is as important as ever to stay up to date with the progress happening inside Parliament. Similarly, it is always important to remain conscious of your Estate plan. If you have any questions regarding your Estate plan, please do not hesitate to contact us here.
