Assisted Suicide or Death with Dignity? One evokes a traumatic experience fraught with emotional pain and controversy, while the other focuses on personal choice not letting a terminal illness dictate your final days. Both are terms used for the practice of medical aid-in-dying, which has become a focal point of legislative and medical debate over the past decade. With the signing into law of Delaware House Bill 140, the state not only authorizes the option of medical aid-in-dying but also acknowledges its dignified nature. Indeed, the bill establishes it as distinctly separate from suicide, as well as setting up a thorough request process which creates multiple safeguards to protect a patient’s dignified right to choose their medical care. 

There is a chapter within HB 140 that covers medical aid-in-dying’s effects on contracts and insurance policies. This chapter establishes that a request for life-ending medication cannot be considered suicide, assisted suicide, or euthanasia. The language used here not only enforces the dignified aspect of the option, but also affects how insurance companies may respond. Many life insurance companies have a suicide clause provision which limits or excludes the payout of a policy, if the policy holder dies by suicide. However, this bill is clear in ruling that a patient’s decision to die with dignity cannot invalidate a life, health, or accident insurance policy. Moreover, any provider of insurance or health care benefits cannot deny or alter benefits available to individuals with terminal illness based on the availability of life-ending medication. All of this is considered in order to make sure the patient’s decision to die with dignity is voluntary, and unbiased by non-medical external factors.

There are many important factors that come into play when a patient has to make the decision to die with dignity. Because of this, HB 140 establishes a careful application process with many safeguards to verify the patient is making a voluntary and informed decision. First, the patient must have a terminal illness with six months or less to live, have decision making capabilities and is making an informed decision. These listed criteria must be confirmed by both the patient’s attending physician or attending advanced practice registered nurse (APRN) and a consulting physician or consulting APRN. Second, the patient must request the medication themselves, and requests cannot be made by another person on behalf of the patient. The request for end-of-life medication must also include two oral requests, with a waiting period in-between, and one written request with witnesses. Additionally, the attending physician or APRN must offer the patient an opportunity to rescind the request. This detailed process is set up to ensure that the patient fully understands their options and is making a voluntary decision, further demonstrating how the bill is about giving patients more control over forcing decisions.

Whether you or a loved one is faced with a terminal illness, it is important to consider all of your options to make an informed decision. With the signing of medical aid-in-dying into Delaware law, a new treatment option is now available to choose. It is essential to understand that this option is filled with safeguards to ensure the patient’s decision is voluntary, well informed, and in their best interest. The bill also affirms the dignified nature of the option, using specific language to distance its self from negative connotations. Ultimately, this bill gives terminally ill patients the legal right to choose medical aid-in-dying if and when they believe it is the right decision for them.

If you have any questions regarding end-of-life estate planning, please call us, as an attorney will be happy to assist.