Medical Assistance in Dying

Total 14 Posts

When the Worlds of Medicine and Law Merge

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“If I become a vegetable, I want my doctor to pull the plug!” is a sentence that many non-medical professionals have heard their client say. If you’ve ever wondered: how can I make sure my client’s medical wishes are respected? This article is for you as it gives an overview of the various legal options available to your clients who wish to express their consent to care, in advance. This….

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Healthcare, Medical Assistance in Dying, Wills

Hot Topics with Gentlemen in their 80s

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Recently, I returned for my fourth annual presentation to a group of older gentlemen about planning for the last decade of life. With more than fifty in the audience each year, the participants are a good cross-section of men in their 80s. They are a lively, well-informed group of retired and semi-retired men who share insights and advice on what they want and need for smart ageing. As one person….

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Elder Care, Elder Management, Estate Planning, Funeral Planning, Medical Assistance in Dying, Smart Ageing, Uncategorized

BILL C-62 – Delays the inclusion of mental illness from MAID eligibility

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Everyone knows the tragic Shakespeare tale of how Juliet awakens from her “death” to discover that her love Romeo had taken his life, believing that Juliet had really died.  Juliet, in her own state of sorrow, stabs herself with a dagger and is joined forever with her love Romeo. This week, it was announced that the former Dutch Prime Minister, Dries van Agt and his wife Eugenie van Agt-Krekelberg passed….

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Capacity Law, Family Conflict, In the News, Medical Assistance in Dying, Uncategorized

Update on Suggested Amendment for Capacity to Consent to MAiD

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I suggest “an appreciation of the impact MAiD will have on family members and friends” be included in fulfilling the proposed amendment of the appreciation test for consenting to MAiD. The proposed amendment would not mandate being bound by others’ opinions, but that that lack of ability to appreciate the views of one’s significant others would demonstrate a lack of ability to apply the relevant information to one’s circumstances…..

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Capacity Law, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying, Testamentary Capacity, Undue influence

Update on MAiD: Mental Disorder as a Sole Underlying Medical Condition

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In Canada, the law no longer restricts medical assistance in dying (MAiD) to people whose death is reasonably foreseeable: as of March 17, 2023, people with a mental disorder as a sole underlying medical condition (MD-SUMC) will be eligible for MAiD…..

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Capacity Law, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Healthcare, In the News, Medical Assistance in Dying, Powers Of Attorney and Guardianship Disputes, Succession Planning

Capacity to Consent to MAiD: A Suggestion For Amendment

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I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends…..

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Capacity Law, Disability, Elder Care, Elder Law, Estate Planning, Family Conflict, Healthcare, In the News, Medical Assistance in Dying, Power of Attorney, Spouse, Succession Planning, Testamentary Capacity, Undue influence
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