Assisted dying – shortening death, not ending life

“Assisted dying – shortening death, not ending life?”

The recent case of Morris v Morris and the publishing of the Assisted Dying for Terminally Ill Adults (End of Life) Bill has brought to attention the delicate subject of assisted suicide. 

Myra Morris was 73 when she self-administered a fatal dose of phenobarbital at a Dignitas clinic in Switzerland. She was accompanied by her husband, children and her sister. Myra suffered from a degenerative neurological disorder with no known cure, and her condition deteriorated to an extent where she was in constant pain and experienced no enjoyment in life. In 2023, she told her husband that she wanted to die. 

Myra had made a Will leaving her estate to her husband, however under the forfeiture rules he would have lost his entitlement to the inheritance. This is because he had been involved in the events leading to her death, by way of helping Myra to plan the trip and accompanying her during it. The husband sought relief from court to enable him to inherit. 

The court found that Myra had mental capacity to end her life, which was supported by her solicitor, and the judge found that her husband could inherit her estate. The decision brought closure to the family and set a legal precedent confirming that simply accompanying a relative to a clinic to enable them to end their life does not automatically qualify as assisting suicide under the UK law. 

Fast forward to 12 November 2024. 

A proposed law to legalise assisted dying is being introduced in the House of Commons by way of the Assisted Dying for Terminally Ill Adults (End of Life) Bill. The final details of the new law are not yet clear, and further debates in both Houses of Parliament will be needed before it is finalised, however what we do know is that terminally ill adults over the age of 18 will be able to obtain assistance to end their own life. Before such a decision can be implemented, the following criteria need to be met: – 

• They must be a resident of England and Wales, and be registered with a GP for at least 12 months;
• They must have capacity to make this decision and be able to express a clear, settled and informed wish free from coercion or undue influence;
• Their diagnosis must contain an expectation of death within the next six months;
• They must produce two separate declarations, each signed in front of independent witnesses, confirming their wish to die;
• Two independent doctors must be satisfied that the patient is eligible. Those assessments must be done at least seven days apart;
• A High Court judge must hear from at least one of the doctors and question the patient, as well as any other witnesses they deem appropriate, before they issue the ruling. There will be a fourteen day cooling off period between the ruling and when the arrangements are to take place to allow for a period of reflection. 

If the requirements are met, the person will be provided with a syringe filled out with the necessary substance and will have to administer it themselves. The doctors will be under no duty to take part in the assisted dying procedure. Furthermore, it appears that people suffering from conditions like Multiple Sclerosis, Parkinson’s and Motor Neuron Disease will be excluded from this right. 

Whether the number of assisted suicides will raise significantly after the bill is introduced remains to be seen. However, it appears that people seeking to make arrangements for assisted dying may well need assistance from a legal advisers. Solicitors may be called upon to weigh in on capacity matters, preparation of the necessary declarations, and indeed assisting with the High Court applications, which seem inevitable. 

If you have any questions on any topics arising in this article, please do not hesitate to contact our Private Client Team.

The contents of this blog are a general guide only at the date of publication. It is not comprehensive, and it does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.