Based on the proposed requirements, it is likely that assisted dying will only be an option for a small number of people. Therefore, it is important to plan ahead in other ways to be in control of your end-of-life decisions.
Assisted dying
What is an assisted death?
An assisted death is when a terminally ill adult with mental capacity takes medication to bring about their death.
Is assisted dying legal in the UK?
Assisted dying is not legal in the UK.
It is also illegal to assist someone to take their own life in England and Wales, including helping someone to travel abroad to have an assisted death.
If you need support understanding the law you can speak to us:
- phone on 0800 999 2434
- email at info@compassionindying.org.uk
There are currently assisted dying laws being debated in parliaments across Scotland, England, Wales, Jersey and the Isle of Man.
Who will be able to have an assisted death?
Until the final laws are decided we do not know who will be able to have an assisted death.
However, the proposed law in England and Wales would only be for someone who:
- is 18 years old or over
- has a terminal illness
- has six months or less to live
- has mental capacity
What is mental capacity?
Mental capacity is the ability to make a decision for yourself.
While you have mental capacity you have the right to make decisions about your medical treatment and care. You can choose to refuse or consent to treatment.
The law in England and Wales says that someone’s mental capacity should be assumed, unless there is reason to question it. For example, if they have had a brain injury or a diagnosis of dementia.
You must be able to do all four of these things to have mental capacity to make a decision:
- Understand the information
- Retain the information long enough to make a decision
- Weigh up the information against other factors
- Communicate the decision once you have made it
Mental capacity is decision specific. This means that someone may have the mental capacity to make some decisions but not others. For example, someone with advanced dementia may have the mental capacity to decide what they want to eat that day, but not to make a decision about refusing CPR.
In Scotland and Northern Ireland the principle of mental capacity is similar, but they have their own definitions. The Office of the Public Guardian in Scotland has a helpful definition of incapacity on their website. The Department of Health NI define mental capacity in their Code of Practice (PDF, 2.8MB).
Important
How will the assisted dying law protect people?
Within the proposed laws there are rules to protect people. We will not know full details of these protections until the final laws are decided. Some of these may include:
- an assessment by two doctors
- a panel of legal and health professionals to oversee the process
- a waiting period to give time to reflect on the decision
- a requirement to explain other options, including palliative care
- an exclusion for people with disabilities or mental illness if they are not terminally ill
- a strict process for the prescription, transportation and provision of medication
- a requirement that the dying person must take the life-ending medication themselves
When will assisted dying be available?
If assisted dying is legalised the government will need to:
- set up the system to provide assisted dying
- train health and care staff
- decide final details of the law (such as where an assisted death can take place)
In other countries where assisted dying is now legal, the process to set up the system has taken two years or longer. This means that if assisted dying is legalised, it is unlikely to be an available option until 2027 or later in parts of the UK.
Important
Based on the proposed requirements, it is likely that assisted dying will only be an option for a small number of people. Therefore, it is important to plan ahead in other ways to be in control of your end-of-life decisions.
What are the legal options now?
You have the right to make decisions about your treatment and care, including the right to refuse treatment.
If you lose mental capacity to make decisions because of an accident or illness, a doctor will have the final say about your treatment and care unless you have written your choices down.
Refusing treatment in a living will (advance decision)
A living will is a form which lets you refuse any medical treatments that you do not want to be given in the future.
It will only be used if you lack mental capacity to make or communicate a decision for yourself.
The legal name in England and Wales is an advance decision to refuse treatment (ADRT). In Scotland it is called an advance directive.
You can use a living will to refuse any medical treatments, including life-sustaining treatment intended to prolong or sustain your life. Such as:
- cardiopulmonary resuscitation (CPR)
- ventilation
- clinically assisted nutrition and hydration
You cannot use a living will to request an assisted death in advance.
A living will is legally binding in England and Wales which means it must be followed by healthcare professionals. An advance directive is not legally binding in Scotland but should be taken into account by doctors.
You can make a living will for free.
Appointing someone as an attorney
You can give someone you trust the power to make decisions for you if you lack mental capacity.
This is called a lasting power of attorney for health and welfare in England and Wales. In Scotland this is called a welfare power of attorney.
An attorney can make decisions about your treatment or care.
This may include decisions about:
- life-sustaining treatment
- where you live and how you are cared for
- your daily routine and the people you see
Your relatives and next of kin have no legal right to make decisions for you if you have not appointed them as an attorney.
You can appoint an attorney online or use a paper form.
Can someone have an assisted death if they lack mental capacity?
Under the proposed laws it will not be legal for someone to have an assisted death if they lack mental capacity.
If legalised, assisted dying will not be for anyone who lacks mental capacity. This is to protect vulnerable people and is included in all the laws proposed in the UK.
This means you will not be able to request an assisted death in writing, for example in your living will, for a time in the future when you lack mental capacity. If you have a power of attorney they will not be able to request an assisted death on your behalf.