SAMANTHA has terminal cancer.

She consults her solicitor regarding her rights under the Voluntary Assisted Dying (VAD) Act, which commenced late last year.

Samantha is advised that the legislated process can allow her to be given medication to bring about her death at a time of her choice.

Approval is required from the NSW Voluntary Assisted Dying Board and to be assessed, all eligibility criteria must be met.

The person must be an adult who meets residency requirements in NSW and they must have a medical condition that is “advanced and progressive”.

The condition must, on the balance of probabilities, cause death within six months (or 12 months in the case of a neurodegenerative disease) and cause the person to be suffering in a way “they consider intolerable”.

A condition may be considered intolerable, if it is causing physical or non-physical suffering and it is a “subjective” assessment determined by the applicant.

A person is not eligible for assessment just because they have a disability, dementia or a mental health impairment.

The person must possess “decision-making capacity” and must make the “enduring” decision voluntarily.

In NSW, a request for VAD must be made on three separate occasions including a written declaration.

VAD is not available to a person who has lost capacity and it cannot be validly requested in an advance health care directive nor by an enduring guardian.

A person seeking access to VAD must be informed about all palliative care and treatment options available to them, and the likely outcomes of their care and treatment.

Eligibility is assessed by two independent medical practitioners.

If Samantha was eligible and wished to proceed with VAD, she would need to then apply to the Voluntary Assisted Dying Board.

The Board has five members, consisting of barristers and doctors.

In the first three months of operation in NSW, 517 patients made “first requests”, 373 were assessed as “eligible”, 246 “substance authorisations” were approved and there were 131 voluntary assisted dying deaths.

Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.

This fictional column is only accurate at today’s date and is not legal advice.

By Manny WOOD, Solicitor