Colorado End of Life Options Act
~ By Tamra K Waltemath ~
Colorado voters approved the End of Life Options Act which is also referred to as the medical aid-in-dying law in 2016 which will become effective upon Proclamation of the Governor. This law enables your doctor to prescribe medication for you to bring about your own death. To exercise this option, you must submit a written request to your doctor and you must:
- be terminally ill with a prognosis of six months or less;
- have the mental capacity to make an informed decision; and
- be a resident of Colorado.
The right to request medical aid-in-dying does not exist because of age or disability. Your doctor must discuss with you, your diagnosis and prognosis, feasible alternatives or additional treatment opportunities, risks associated with taking the prescribed medication and the possibility that you could obtain the medication but choose not to use it.
This new law is not forced upon you, and it does not affect your Living Will. Your doctor, and or the facility (hospital, nursing home, etc.) are not required to provide this service, but they must provide notice to you if they will not honor a request by you for this assistance. This law is intended to alleviate suffering. The definition of medical aid in dying is “the medical practice of a physician prescribing medical aid-in-dying medication to a qualified individual that the individual may choose to self-administer to bring about peaceful death.”
The medical aid in dying law relieves a physician of liability for intervening to help a person end his or her life. The Affordable Care Act and other federal laws restrict Medicare, Medicaid, and Veterans’ medical care from paying for “assisted suicide, euthanasia or mercy killing,” so these medications will not be readily available because they are very expensive and the expense is not covered under federally funded health care services. The drugs must also be self-administered which may be difficult for many people. These types of laws have been approved in the following districts or states: Oregon, Washington, Vermont, California, Washington, D.C. and Montana.
As an elder law attorney, I can appreciate this law for the people who are suffering and want to end their life on earth with dignity, but I worry about the potential for elder abuse.
This article was written by Tamra K Waltemath of Tamra K. Waltemath, P.C. This information is for general informational purposes only and does not constitute legal advice. For specific questions, you should consult a qualified attorney. Tamra K. Waltemath is an elder law attorney focusing on wills, trusts, estate and trust administration, probate and non-probate transfers, guardianships and conservatorships. She can be contacted at: Tamra K. Waltemath, P.C., 3843 West 73rd Avenue, Westminster, CO 80030; 303-657-0360; or visit her website at: www.WaltemathLawOffice.com.