- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Assisted Dying Authorized By State
Q. My father is 89 and suffers from end-stage cancer. The doctors have told us that his condition will not improve and is terminal. My father is in severe and ongoing pain. He is has gone through two rounds of chemotherapy, but the cancer keeps spreading.
The Oncologist told us that, in all probability, he has less than eight months to live. My father is not a religious man, and he says he’s lived a full life and that he sees no sense in prolonging his suffering. He would like to have medical assistance in the dying process.
A psychologist tested my father for dementia and has informed us he still has the mental capacity to make informed choices regarding his health. He has signed a DNR, but I was told that this means he has to wait to die unless he is being kept alive by artificial means. He is not currently on a respirator or any other medical device that is keeping him alive.
We are residents of California. Please advise.
There are currently eleven states that have Medical Aid In Dying laws:
- California
- Colorado
- District of Columbia
- Hawaii
- Montana
- Maine
- New Jersey
- New Mexico
- Oregon
- Vermont
- Washington
A. In California June 9, 2016, the California End of Life law allows a terminally-ill patient to request a drug from their physician that will end their life. The law requires that the patient and and his doctors carefully follow every aspect of the law.
The UCLA Website published an essential summary about the California End of Life Laws:
“In brief, the steps that the patient and physician must complete are as follows:
- Patient must make three requests for the aid-in-dying drug to his or her attending physician – two orally (at least 15 days apart) and one in writing on a special form that is witnessed.
- Attending physician must be willing to prescribe an aid-in-dying drug and must make sure the patient legally qualifies.
- Attending physician must explain all end-of-life options to patient, encourage patient-family discussion and review what it means to ingest an aid-in-dying drug.
- Patient must discuss the decision with his/her physician without anyone else present (except an interpreter, if needed) to make sure the decision is voluntary.
- The patient must see a consulting physician who confirms the terminal diagnosis and that the patient is qualified to receive an aid-in-dying drug according to the law.
- If the patient has a mental disorder, he/she must be evaluated by a mental-health specialist to make sure his/her judgment is not impaired.
- Before writing the aid-in-dying drug prescription, the physician must discuss with the patient how to store and administer the drug; patient is given a chance to withdraw his/her request; patient is encouraged to enroll in hospice; and the patient signs consent form for the prescription to be sent to the pharmacy.
- The patient or another a designated person retrieves the aid-in-dying drug from the pharmacy, receives additional education on drug usage and stores it appropriately until used.
- After signing an attestation, the patient ingests the drug according to the instructions; the drug must be ingested while in a private place with another person present.
- Any unused drug is disposed of appropriately”
For more detailed information on each step, required forms, step-by-step guidelines for patients and healthcare providers, or more background information on the Act itself, please visit UCLA’s End of Life Option Act: Resources and Materials.
For more information, speak with your medical provider.
