Limitations to the End Of Life Option Act

In May of 2016, the End Of Life Option Act, that was approved by the Governor on October 5, 2015, will became law. This act will replace Part 1.85 of the current California Health and Safety Code commencing at section 443. This new law allows an adult, who has been determined to be suffering from a terminal illness to request a prescription (referred to as an “aid-in-dying drug”) to end his or her life, under certain conditions.
I have already received requests from several clients to include their wish that their agent under their advance health care directive be authorized to make this request on their behalf. Unfortunately, 443.2 (c) specifically states, “A request for a prescription for an aid-in-dying drug under this part shall be made solely and directly by the individual diagnosed with the terminal disease and shall not be made on behalf of the patient, including but not limited to, through a power of attorney, an advance health care directive, a conservator, health care agent, surrogate, or any other legally recognized health care decision maker” (emphasis added).
* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.