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The Terminally Ill Adults (End of Life) Bill has recently passed a key stage in the House of Commons, with a narrow vote of 314–291, and now moves on to the House of Lords for further debate. If it becomes law, it will create a legal framework for assisted dying in England and Wales, a significant and sensitive change in the law affecting people approaching the end of life, as well as those involved in their care and legal planning.

What Does the Bill Propose?

The Bill would allow adults who are terminally ill and expected to live for six months or less to request medical assistance to end their life, under strict legal safeguards. The main points include:

• Age and Diagnosis: Only adults (18 or over) with a confirmed terminal illness and a prognosis of six months or fewer would be eligible.
• Mental Capacity: The individual must have the mental ability to make the decision themselves.
• Independent Approval: A team including a psychiatrist, lawyer, and social worker must confirm that the person is eligible and acting voluntarily.
• No Pressure: The request must be made freely, without any pressure from family, carers, or others.

What This Could Mean for You and Your Family

If passed, this law may affect many aspects of personal and family planning, particularly in relation to wills, inheritance, powers of attorney, and end-of-life care decisions. Here are some of the practical implications:

1. Wills and Inheritance Planning

• Individuals considering assisted dying may need urgent legal advice about updating their Will or inheritance plans.
• In some cases, this might involve quick action to ensure legal documents are properly drafted and signed in time.

2. Lasting Powers of Attorney (LPAs)

• A Health and Welfare LPA allows someone you trust to make decisions about your care if you lose mental capacity.
• However, under this Bill, assisted dying decisions are unlikely to be made by your attorney, because the law would require you to still have full mental capacity at the time of the request.
• This could lead to confusion or disputes if families are unsure what authority attorneys hold, so clear legal advice is essential.

3. Disagreements and Capacity Concerns

• Families don’t always agree when it comes to end-of-life decisions.
• If someone’s ability to make decisions is questioned, or if there are concerns about pressure or coercion, the Court of Protection may need to get involved.
• Ensuring accurate mental capacity assessments and clear communication with all parties is key to avoiding legal disputes.

Why This Matters

This Bill is likely to raise important legal and emotional questions for many families:

Potential Benefits:

• It gives individuals more control over their final days and removes the uncertainty of going abroad for assisted dying.
• It provides a clear legal process for making such a decision, with built-in safeguards to protect vulnerable people.
• It may offer peace of mind to those suffering from terminal illness who want the option to die on their own terms.

Concerns to Be Aware Of:

• Some worry that vulnerable individuals might feel pressured to make such a choice if they feel like a burden to others.
• Others have ethical or religious objections to assisted dying in any form.
• It’s important to ensure that any decisions made are fully informed, voluntary, and legally documented.

How IMD Solicitors Can Help

At IMD Solicitors, our experienced Wills & Probate team can support you with:

• Creating or updating a Will
• Preparing a Lasting Power of Attorney (LPA)
• Dealing with the administration of the estate of a loved one on your behalf

Whether or not the Assisted Dying Bill becomes law, it highlights the importance of having your legal affairs in order, especially if you or a loved one is facing a serious illness.

Planning ahead with the right legal advice can make all the difference, both for your peace of mind and for those you care about.

If you’d like confidential advice about wills, powers of attorney, or planning for the future, please contact our friendly team today.

At IMD Solicitors LLP, we also understand that the loss of a loved one is never easy, especially when legal complexities arise surrounding estate administration. 

Whether your loved one lived in the UK or abroad, our specialist private client team is here to support you with compassionate and practical guidance through every stage of the estate administration process.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

To find out more about our services, visit International probate section of our website.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.