End-of-life care planning in England and Wales ensures that individuals with terminal illnesses receive dignified and person-centred care. This includes medical treatment, pain management, and psychological and legal support. A key aspect of this planning is creating a Lasting Power of Attorney (LPA) for Health and Welfare, which allows individuals to appoint a trusted person to make medical and care decisions on their behalf if they lose capacity. This ensures that their wishes regarding treatment, resuscitation, and palliative care are upheld.
A major legal development in this area is the Terminally Ill Adults (End of Life) Bill, also known as the Assisted Dying Bill. This bill aims to legalise assisted dying for terminally ill adults expected to live six months or less. If passed, eligible individuals could request medical assistance to end their lives, provided they have mental capacity and gain approval from two independent doctors and a High Court judge. However, recent amendments propose replacing the High Court judge’s role with a panel comprising a senior lawyer, psychiatrist, and social worker. The Bill is designed to offer individuals greater autonomy over their final moments while incorporating safeguards to prevent coercion or undue influence.
The proposed legislation has sparked intense debate. Supporters argue that it provides terminally ill individuals with the right to die on their own terms, preventing unnecessary suffering. They highlight that similar laws in countries like Canada and certain U.S. states have provided regulated frameworks for individuals to control their end-of-life decisions. Opponents stress ethical concerns and highlight the need for better palliative care rather than legalising assisted dying. Critics also argue that the bill’s safeguards are insufficient and could pose risks to vulnerable individuals.
Under the new assisted dying bill, adults with a terminal illness and a life expectancy of six months or less can request assisted dying if they:
The bill has undergone extensive scrutiny, resulting in approximately 150 amendments. One significant change is the extension of the implementation period from two to four years, meaning that if passed, the law may not be operational until 2029. This delay has raised concerns among supporters about the potential for the legislation to be sidelined or abandoned. Additionally, replacing the High Court judge with a multidisciplinary panel has sparked debate, with critics fearing that this change may weaken the safeguards intended to protect vulnerable individuals.
Supporters argue this law provides compassion, dignity, and autonomy to those facing unbearable suffering at the end of life. It mirrors similar laws in other countries, offering a regulated framework for those who wish to take control of their final moments. However, opponents fear potential abuse and stress the need for enhanced palliative care services as an alternative to assisted dying.
While the bill has made substantial progress in the UK Parliament, it remains in the legislative process and has not yet been enacted into law. The next critical stage is a final vote in the House of Commons on April 25. If the bill is approved, it will move to the House of Lords for further scrutiny. However, the implementation delay has cast uncertainty over its future.
Regardless of the bill’s legislative outcome, establishing a Lasting Power of Attorney (LPA) for Health and Welfare remains crucial. An LPA enables individuals to appoint a trusted person to make medical and care decisions on their behalf should they lose capacity. This ensures that their wishes regarding treatment, resuscitation, and palliative care are respected, providing peace of mind for both individuals and their families.