The debate surrounding assisted dying is both ethically sensitive and legally complex. While the
law currently prohibits assisted suicide under the Suicide Act 1961, recent developments and
societal shifts have reignited discussions on reform.
For a Private Client solicitor, this emotive issue intersects with key areas of my practice, including
powers of attorney, advance directives, and the preparation of wills. In this article, I will explore
the current legal framework, the implications of potential changes, and lessons that the UK
Government can draw from other jurisdictions.
Current Legal Framework
Assisting Suicide in the UK
The Suicide Act 1961 makes it a criminal offence to assist or encourage another person to take
their own life, carrying a maximum sentence of 14 years’ imprisonment.
The Director of Public Prosecutions (DPP) has published guidelines clarifying when prosecutions
are likely, placing emphasis on compassion and the victim's informed decision. However, the law
remains unyielding in its prohibition, reflecting societal caution.
Powers of Attorney and Advance Directives
In the absence of legally sanctioned assisted dying, individuals seeking control over their end-of-
life decisions must rely on tools such as Lasting Powers of Attorney (LPA) and Advance
Directives (AD):
LPAs: A health and welfare LPA allows individuals to appoint an attorney to make decisions about
their care and treatment, including the refusal of life-sustaining treatment, if they lose capacity.
Advance Directives: These documents enable individuals to refuse specified medical
treatments in advance, ensuring their wishes are respected even if they cannot communicate
them at the time.
While these instruments provide some autonomy, they do not extend to decisions regarding
assisted dying.
Potential Implications of Reform
Proposals to legalise assisted dying often provoke concerns about the pressure it might place on
vulnerable individuals, particularly the terminally ill. Critics worry that:
- Doctors’ Roles May Shift: Medical practitioners could face moral and professional
dilemmas, balancing the duty to preserve life with respecting patient autonomy. Stricter
training and safeguards may be necessary to protect both patients and clinicians. - Pressure on Terminally Ill Individuals: The existence of an assisted dying framework
could subtly influence individuals to view this option as a duty, especially when feeling like
a burden to family or society. Ensuring robust safeguards to prevent coercion is essential. - Impacts on Estate Planning: Clients considering assisted dying would need
comprehensive estate planning. Solicitors should advise clients to review their wills,
advance directives, and LPAs to ensure their affairs align with their wishes.
Lessons from Other Jurisdictions
Several countries and jurisdictions have legalised assisted dying, offering valuable insights into
how the UK Government might approach reform:
- Switzerland: Known for its permissive approach, assisted dying is available even for nonresidents.
While this offers a model of liberal access, critics highlight potential concerns
about medical tourism and oversight. - Netherlands and Belgium: These countries have robust frameworks with stringent
safeguards, including mandatory psychiatric evaluations for non-terminal cases. Their
approach emphasizes transparency and careful regulation. - Canada: Medical Assistance in Dying (MAiD) is legal, with a focus on terminally ill patients
experiencing unbearable suffering. Canada’s example underscores the importance of
clear eligibility criteria and robust safeguards. - United States: In states like Oregon and Washington, strict residency requirements and
mandatory waiting periods prevent misuse, offering a model of balanced regulation.
Each of these systems highlights the need for clear legal definitions, strong safeguards, and
public trust in the regulatory framework.
What Clients Need to Consider
Solicitors must be proactive in helping clients navigate the complexities of end-of-life planning,
whether assisted dying laws are reformed. Key considerations include:
- Wills: Ensure clients’ wishes are reflected accurately and are regularly reviewed. Clarity in estate planning can prevent disputes after death.
- Advance Directives: Encourage clients to articulate their preferences for treatment
clearly, ensuring their autonomy is respected. - Lasting Powers of Attorney: Advise clients to appoint trusted attorneys who understand
their wishes and will act in their best interests.
This country’s stance on assisted dying reflects a careful balance of ethical considerations,
societal values, and the need to protect vulnerable individuals. While change appears inevitable,
the debate must be approached cautiously, learning from international experiences to craft a
framework that prioritises dignity, autonomy, and robust safeguards.
For clients, this underscores the importance of meticulous estate and end-of-life planning. As
solicitors, we play a vital role in guiding them through these decisions with sensitivity and
precision.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
