The bill moves to the committee stage after receiving majority support from MPs
The progression of the Terminally Ill Adults (End of Life) Bill to committee stage has inspired conflicting reaction in UK lawyers, reported the Law Society Gazette.
A majority of 55 MPs voted in favour of the law after a second reading in the House of Commons. Solicitor Katie Wheatley, who heads up Bindmans’ crime, fraud and regulatory team, lauded the decision, while Michelmores partner Alexa Payet suggested that many families would still be financially strained. Additionally, Charles Russell Speechlys partner Tamasin Perkins suggested that coercion could be an issue.
“The MPs who voted in favour of it chose to recognise the suffering of people who are terminally ill and give them choice over how they die, while protecting the vulnerable,” Wheatley said in a statement published by the Gazette. “It is time for the law to change so that mentally competent people can make a choice that is right for them, and for them to be able to call on the support and end their days with the ones they love by their side, whatever choice they make.”
While Payet believed that the legislation would aid a few families, many who did not fall under the bill’s scope would still have to go to clinics located outside the country.
“The financial implications of assisted dying are complex and the application of the forfeiture rule in such cases is often misunderstood, even among experienced legal professionals,” Payet said in a statement published by the Gazette. “Travelling with a loved one to an assisted dying clinic, or even just helping them to book their travel, could be enough to trigger the Forfeiture Rule and means that they may not be able to inherit anything from their loved one’s estate, including shares in jointly owned property, pensions, and life insurance policies.”
Perkins pointed out that coercion and undue pressure was often observed “in the context of financial decision-making, such as writing wills or making gifts.”
“So it’s not unreasonable to anticipate that this kind of coercion would go hand in hand with assisted dying,” Perkins explained in a statement published by the Gazette. “The real challenge could lie in detecting coercion during a single interaction, when coercion can manifest itself in small and subtle ways, and the complexity of family dynamics can make this difficult to identify. From a medical perspective, susceptibility to coercion is frequently associated with diminished capacity, as individuals become more vulnerable and easily influenced under these circumstances.”
TWM Solicitors private client partner Duncan Mitchell-Innes concluded that even if the bill does not pass into law, individuals can already clarify their end-of-life wishes; advanced decisions can be made to refuse life-sustaining treatment, while doctors will consider letters of wishes – even though such letters are not legally binding. Lasting powers of attorney for health and welfare can also be registered.
The Terminally Ill Adults (End of Life) Bill will be further examined during the committee stage.
