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Can you add a right to die clause to your estate planning documents?

| Aug 26, 2020 | Estate Planning

For many years, no American state would declare that it is okay for a terminally ill patient to request death in place of suffering. That has changed in recent decades with several states allowing patients to determine the way that they die.

California enacted the End of Life Option Act in 2015 when the governor put his signature to the bill. The Act went into effect in 2016 and is still in effect. As far as adding a right to die clause when you are involved in estate planning, there is no real need to do so. This is because the End of Life Option is something you can arrange without supporting estate planning documentation.

The laws governing the End of Life Option are many and varied. To help make this sensitive matter clearer, the following section contains several key points to consider.

  • You must be a California resident 18 years old or older
  • You must have the mental capacity to make important decisions
  • No other person, family member or estate executor can make this decision on your behalf
  • You must make two separate verbal requests to utilize the Act
  • You may also be required to complete a written request
  • You must be able to self-administer the drug used to end your life

As you know, we are estate planning attorneys serving the San Diego region. Although we must often discuss end-of-life matters with the people we help, we advocate for living as long as possible.

We want you to know that although you might be able to take advantage of the End of Life Option Act, our lawyers believe that you should never do so on a whim. Instead, discuss your options in-depth with your estate planning attorney and your doctors. In many cases, you may find an alternate solution that allows you to live peacefully until you can die a natural death. Continue browsing our website to learn more about estate planning.