Medical aid-in-dying (MAID) involves having a physician prescribe a lethal dose of medication at the request of a competent patient with a terminal illness. While traditionally, assisted suicide has been viewed as a crime, a trend has been emerging with more states legalizing medical aid in dying. As of 2024, MAID is legal in the following 11 states:

• California
• Colorado
• Hawaii
• Maine
• Montana
• New Jersey
• New Mexico
• Oregon
• Vermont
• Washington
• Washington, D.C.

Currently, several more states are considering legislation to make medically assisted death legal. This includes New York, with the New York State legislature considering the Medical Aid in Dying Act (A995/S2445). This Act is modeled after Oregon’s Death with Dignity Act and has core eligibility requirements.

Patients seeking MAID must be adults with a prognosis of six months or less to live. They also must demonstrate that they are mentally competent and able to administer the lethal medication themselves. The New York State bill would require that the patient have two physicians confirm their diagnosis, prognosis and mental competence before they can receive life-ending drugs. The physician is tasked with ensuring the patients are qualified and informed of the risks and alternatives, and are not being coerced.

Seeking Legal Solutions to Health Care Needs

With advance directives, including living wills and powers of attorney, an individual can outline their wishes ahead of time. These documents allow them to communicate their medical care preferences to their families and doctors. These documents can prove especially important in case of a serious injury or illness, or when someone is facing a terminal illness.

Proper planning will protect your interests and ensure appropriate arrangements. The attorneys at Kommer Bave & Ciccone LLP can assist you in choosing the care and treatment you would prefer at the end of life through carefully drafted advance directives. Contact us today for guidance.

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