Will it soon be possible in this country for people to choose a ‘good death’, and what can we do in the meantime to make our preferences known?

Many people facing a life-limiting or terminal illness will be familiar with the concept of ‘dying a good death’, despite this sounding almost like a contradiction in terms. It is used by many organisations and charities who support people who are nearing the end of their life, acknowledging that, in reality, what constitutes a good death will be different for everyone. The word “euthanasia” itself comes from the Greek words “eu” (good) and “thanatos” (death).

The ability for someone to choose a ‘good death’, however, has been an historically controversial subject in this country. There have been several high-profile court cases in recent years involving individuals who wish to be given control over how and when to end their life. So far, none of them have been successful.

Earlier this year, all of the major political parties made manifesto commitments on assisted dying. Both Rishi Sunak and Sir Keir Starmer agreed to allow parliamentary time to properly debate the topic. This has never been achieved before.

The law on assisted dying

All previous attempts to change the law on assisted dying in England have failed. Lord Falconer first introduced an assisted dying Bill in the House of Lords in 2014, which ran out of time prior to the General Election. A second attempt in the House of Commons in 2015 was defeated. A further Bill passed its second reading in the House of Lords in 2021, but was given no more time. In the meantime, laws have been introduced to legalise assisted dying by numerous countries around the world including Australia, New Zealand and several European countries. Closer to home, Bills are currently going through the Scottish, Jersey and the Isle of Man Parliaments. In the case of the latter, it passed its third reading on 23 July, which is the furthest an assisted dying Bill has ever progressed in the British Isles.

Following the General Election and the appointment of the new Labour Government, the Prime Minister has recommitted to making time for an assisted dying Bill to be debated. A first reading of Lord Falconer’s Assisted Dying for Terminally Ill Adults Bill took place in the House of Lords on 26 July, and a second reading is expected in the autumn.

In light of this, as well as increasing media coverage and scrutiny, and of the changes being made in other countries around the world, it appears we have reached the stage where the subject of whether to legalise euthanasia in England can no longer be ignored or kicked into the long grass. Our lawmakers are under the most pressure they have ever been to debate the issue.

Lord Falconer himself said: “The blanket ban on assisted dying is a mess and offers no compassion or protection to those at the end of their lives. It leaves them to fend for themselves: either to suffer as they die despite the best efforts of medical professionals or to die lonely deaths at their own hands or in Switzerland, risking prosecution for loved ones who accompany them. The public has been waiting long enough for us to change the law and this Bill could at last right the harms inflicted by our outdated laws. It is urgently time for compassion and change.”

How can you make your end of life wishes known?

The hope, of course, is that the vast majority of us will never be directly impacted by a change in the law on assisted dying, nor will we ever need to rely on it to avoid prosecution for helping a loved one to have the ‘good death’ of their choosing. It is the case, however, that many of us either already have wishes or preferences in mind about what should happen as we approach the end of our life, or we may develop these in the future. How can you ensure, therefore, that your wishes are taken into consideration and brought to the attention of the relevant people when the time comes?

We can support you in planning ahead so that you receive the care that is important to you. This does not have to be restricted simply to end-of-life care. It might include your wish to remain in your home for as long as possible and receive care at home. It might also include guidance about which individuals or organisations should be consulted whenever decisions are made on your behalf about certain types of treatment. You may want to specify who you wish to have contact with (or not have contact with, as the case may be) if you have lost capacity. There are many other examples of instructions and preferences that you might want to consider.

In terms of how to record your preferences, one option would be to make a Lasting Power of Attorney (LPA) for health and welfare. This option allows you to delegate decisions relating to your general welfare (including care needs and medical treatment) to one or more individuals of your choosing (known as your ‘attorneys’) if you have lost mental capacity.

Another option is to make a Living Will (often called an ‘Advance Decision’ or ‘Advance Directive’). This option might be more suitable if you are struggling to choose a suitable attorney to appoint under a health and welfare LPA. You can record in which circumstances you would want specific medical treatments to be restricted or even withdrawn if you are unable to communicate your preferences yourself. They allow the persons named to be consulted, but do not confer any authority on them to make decisions and so differ from an LPA in this respect.

We know that there is no ‘one size fits all’ approach to discussions like these, and so we offer tailored support and advice to allow you to choose the most suitable option to document your wishes, whatever these may be.

Please do get in touch with any member of the team if you want to discuss any of the issues raised in this article.