California is a state that allows terminally ill patients to determine when and where they will make their final exit from the world. First signed into law in 2016, the California End of Life Option Act was later amended in 2022 to shorten the total period of the formal requests for end-of-life medications to be dispensed.
This law is humane for the suffering terminally ill patients but can be quite polarizing as well. If you have concerns about prolonged suffering from an incurable illness or condition, this aspect should certainly be addressed both in your estate plan and with your attending physician.
Who may avail themselves of the Act?
The criteria for invoking End of Life Option Act are as follows:
All patients must be:
- An adult age 18 or older
- A California resident
- Have a terminal diagnosis that doctors expect will otherwise kill you in six months or less
- Able to make their own medical decisions
- Unimpaired by mental illness that would impair their judgment-making skills
- Able to self-administer the end-of-life medications through a pre-placed feeding tube, anally or by mouth
These are not the only conditions that must be followed, however. But by both the patient and their attending physicians following all the rules, the patient’s death certificate will list their terminal illness as their cause of death and not suicide. Also, following the law to the letter protects the attending physician from any criminal or civil penalties for their assistance.
How to protect yourself using this law
Incorporate your intentions into your estate-planning documents. Make sure that your family is aware of and on board with your decision. Interview physicians to ensure that you have a doctor who is willing to participate in your decision, as some choose not to play a role in a patient’s death.
Having all your documentation in place, whether you ever need to use it or not, can provide you with peace of mind.
