James Ward is a partner and head of the private client practice at law firm Kingsley Napley.
The Terminally Ill Adults (End of Life) Bill is now on its way to the House of Lords.
In its current form, it would allow the choice of premature death for terminally ill patients with six months to live, subject to the strictest safeguards of any country with right-to-die legislation.
As a lawyer for private clients, I am not the expert who should advise on the ethics, form and detailed legal provisions of the bill.
However, I have been thinking about the practical implications this will have for families and the typical clients I deal with.
Assisted Dying: The upcoming legislation would include the strictest safeguards of any country that already allows the right to die
Much has been written about the fact that the bill gives freedom of choice to the terminally ill patient.
Every decision made by the patient must be ratified by two doctors and a judge, as this confirms that the patient is of sound mind.
It does not give family members the authority to assist in the lethal dose process and the current strict criminal law rules on this will still apply.
Yet we all know that families will be part of the picture as patients weigh their end-of-life options.
In my experience, both financial and medical considerations can play a role here.
We would like to believe that the person will focus their decision tree on pain needs during this critical time.
You’d be surprised how often money plays a role in typical healthcare equations.
Healthcare costs can be significant for terminally ill patients and I often hear concerns from sick or elderly people that their healthcare costs are taking away from their children’s inheritance.
Sometimes children rely on a future inheritance to pay off a mortgage, pay school fees or even retire.
Although often unspoken, this can create underlying pressures about how long people live and are cared for, whether in a specialist setting or in home-based carers.
As unpalatable as it sounds, the money left behind can be a factor in the mix.
Despite all the medical and legal safeguards in the world, I cannot help but think that some of the decisions made possible by this new legislation may ultimately come down to money and inheritances.
Conversely, some of my clients who have made significant financial gifts for estate planning reasons will be keen to avoid falling foul of the seven-year clock on donations.
It is not inconceivable that someone might want to end their pain by embracing an untimely death, but be deterred by the financial implications for their beneficiaries if they do so.
James Ward: I can’t help but think that some of the decisions made possible by this new legislation may ultimately come back to money and inheritance.
I’ve already had a taste of these conversations with clients about the new estate tax cliffs created by Rachel Reeves’ recent budget.
A terminally ill patient has told me that they hope they will die before the government can take a share of their carefully constructed pension pot. And unfortunately, this wasn’t a casual joke.
It will be up to lawyers and professional advisers like me to help terminally ill clients who exercise their right to die under the new bill with their estate planning and ensure their wills are up to date before they leave.
We will also need to be sure to address capacity and agency issues if there are last minute requests or changes.
Then there’s the aftermath. There is already a growing trend of inheritance disputes where a family member claims that undue influence or pressure has been exerted on the deceased in relation to the will he made before his death.
With this new legislation, it is only more likely that such disputes will increase or become more intense when objections arise to decisions made regarding the financial distribution of an estate.
One of the reasons Lord Cameron gave for supporting the Terminally Ill Adults (End of Life) Bill was that it allows for a shorter death.
Unfortunately, it does not reduce all the usual inheritance pressures that come with death.