‘Assisted dying’ bill debated in Parliament: legal expert outlines people’s options for end-of-life care now

The UK’s assisted dying bill (The Terminally Ill Adults (End of Life) Bill) is being debated in the House of Commons today, Friday (November 29), says TWM Solicitors, the leading private wealth and family law firm.

Duncan Mitchell-Innes, Partner in the Private Client team at TWM Solicitors, says that there are several steps people can already take to make their wishes clear for the end of their lives:

1.    Make an Advance Decision that makes clear if you wish to refuse life-sustaining treatment – when made properly, this is legally binding and will be followed by doctors if they are aware of it;

2.    Write a Letter of Wishes (called an Advance Statement) that explains what you want to happen at the end of your life – such as ensuring you are sedated and in no pain. This is not legally binding but will be taken into account by doctors;

3.    Register a Lasting Power of Attorney (LPA) for Health and Welfare to give someone you trust the right to make decisions about your care when you’re no longer able to. You can give your attorneys the right to make decisions about end of life treatment. In addition, you can include non-binding wishes in your LPA about what decisions you would like your attorneys to make in those circumstances. An LPA can also be set up to work together with an Advance Decision.;

4.    Complete a Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) form – these guide doctors on how to treat you should you need CPR to keep you alive. They are not legally binding and only cover CPR. 

Says Duncan Mitchell-Innes: “Even if the assisted dying bill doesn’t end up becoming law, people can still take steps to make clear what they want to happen at the end of their lives.”

Creating an Advance Decision can give you peace of mind that you have set out legally binding instructions as regards the refusal of treatment in circumstances such as coma, persistent vegetative state or terminal illness.

Making an LPA for Health and Welfare decisions as well also ensures that you have appointed someone to make other healthcare related decisions on your behalf if you lack the capacity to make these yourself. 

It’s a good idea to take legal advice on your options if you want to make your own decisions about how you are treated in your final days.”