Can I Help My Dying Friend Shorten Her Life?
Dear Judy,
One of my closest friends has received a terminal diagnosis — six months to a year, best we can tell. She has told me she is planning to kill herself before the pain gets really bad, and she wants me to help her out in those last hours, get information, administer the drugs or whatever, and so on. If I agree, Judy, what are the legal issues I should know about?
Could I be prosecuted? I want to help a friend, but I really don’t want a prison sentence.
Robert in New York
Dear Robert,
I just relayed your question two days ago to Kathryn Tucker, the lawyer who successfully defended Oregon’s groundbreaking Right to Die law before the Supreme Court — and is now Director of Legal Affairs for compassionandchoices. She points out, however, that that law is very narrowly defined.
Here are some of the limitations: It is the patient — and only the patient — who has the right to self-administer medication that will shorten her life. Second: she must be within six months of dying. Third: the patient must make multiple requests for such medication, both orally and in writing. And fourth: she must live in Oregon. Your friend clearly does not meet these requirements.
How likely is it that should you help her die in the way your friend wishes, you will be prosecuted? Tucker says, “The risk of prosecution is small, because there’s a whole chain of events that has to be set in motion before someone is brought up on charges.” But, she adds, “We have all seen zealous prosecutors who might prosecute. It is not unheard of. It’s rare, but no one should be too confident, even when the risk is low.”
Here’s the good news. Pain these days is not an inevitable part of dying for most people. This is essential for your good friend — and you — to know, because it will make a world of difference to the decisions ahead of you.
My advice? Scout around for a good hospice in your friend’s community. Ask friends, doctors and nurses for a recommended facility.
Your friend may not even have to stay in a hospice. Hospice care is often administered in the home. Excellent pain medications — morphine and methadone, for example – can be prescribed, and are carefully tailored to suit the needs of the patient.
I am telling you all this because your friend has to know — odd as this may sound to her and you – that dying can be comfortable.
And I am also telling you all this because yes, if you help someone end her life, whatever your motives, you just might be prosecuted. And how would that help either you or your friend?
Thank you for writing
Judy
