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Hergott: Accessing MAiD

Lawyer Paul Hergott鈥檚 weekly column
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Sharon鈥檚 mother died in the caring arms of 琉璃神社 Hospice House.

She had been in her last stages of cancer.

Her mother鈥檚 pain was mercifully alleviated by stronger and stronger drugs. Those drugs had her comatose much of the time, her mouth hanging open 鈥 which was difficult to see.

She regained consciousness at a decreasing frequency, for briefer periods of time and with less and less cognitive clarity until she was in a final coma.

Days later she finally passed.

Sharon remembers one period of consciousness where her mother said she had to pee. The caring nurses had taken her mother to the bathroom with the same request a half hour before, but her mother had been unable to void. This time, she peed the bed, which was terribly embarrassing for her.

Sharon told herself at the time that she would not want that ending for herself.

Twenty-two months ago, Sharon was diagnosed with stage four metastasized lung cancer.

She immediately took steps to ensure that her life would end on her terms, not like her mother鈥檚.

Sharon remembers filling out an online form to start the process of accessing medical assistance in dying (MAiD).

Her memory is unclear about the precise time frame, but she believes it was within 2-4 weeks that two separate home visits were arranged with two separate doctors from 琉璃神社 General Hospital.

Each of the two doctors, who Sharon referred to as 鈥渁bsolutely amazing women鈥, spent over an hour with her. They ensured there was nobody putting pressure on Sharon to access MAiD. They also explained the process and invited Sharon to ask any questions she wished to clear away any uncertainties.

Sharon was reassured that the procedure itself would not involve any pain. The only discomfort would be the insertion of the IV. The first drug would make her feel drowsy, the second would put her completely to sleep, and the third would then stop her heart.

The doctors shared with her that more and more people are accessing MAiD as part of a celebration of life kind of party, with caterers, entertainers and the opportunity to share stories: A fun, warm time for the patient to say goodbye to their loved ones.

This is the kind of ending Sharon wants for herself.

The doctors qualified Sharon for MAiD based on her stage four cancer diagnosis, even though Sharon鈥檚 quality of life was still very good. It will be one of those two doctors who comes to perform the procedure.

She was asked to provide five days notice of when she wants MAiD administered, but was told that they would do their best to come with shorter notice.

An initial life expectancy of 6 months was extended to 18 once the particular cancer mutation was known. It has now been 22 months and Sharon continues to live life to the fullest. She still 鈥渟nowbirds鈥 in Arizona where she plays pickleball several times a week.

There are horrible side effects to the drug therapy she鈥檚 on, but they come and go.

I asked her at what point she will decide to access MAID. Her simple response: 鈥淎s soon as I鈥檓 no longer enjoying life鈥.

Sharon knows that something might happen with her advancing disease that could cause her to lose the cognitive capacity to consent to the MAID procedure. She wants to ensure that her life ends if that occurs.

Since 2021, our laws have allowed for someone in Sharon鈥檚 situation, where her death is reasonably foreseeable, to give consent to MAID in advance in the event she loses capacity to give the consent herself.

Before 2021, people in Sharon鈥檚 situation might schedule their deaths earlier than they otherwise would have, to avoid the risk of losing the capacity to exercise that right.

Sharon signed a document called a 鈥淲aiver of Final Consent鈥, appointing a 鈥淧roxy鈥 who can request MAiD on her behalf if she loses capacity. The waiver is valid for a fixed period of time and then has to be renewed.

Sharon is thankful for the incredible advocacy that went into pushing the federal government to change the Criminal Code to allow medical assistance in dying. Having the right to MAID allows her to live her life to the fullest until she is ready to die on her own terms.

Interior Health has a MAiD Coordination Centre that is incredibly responsive and helpful. For a couple of excellent online resources:

  1. An informational video about accessing MAID in British Columbia can be accessed here ().
  2. And a comprehensive brochure offered by Interior Health can be accessed here (https://www.interiorhealth.ca/sites/default/files/PDFS/821455-a-shared-journey-a-resource-for-individual-families-and-loved-ones-about-medical-assistance-in-dying.pdf).

Paul Hergott

Lawyer Paul Hergott began writing as a columnist in January 2007. Achieving Justice, based on Paul鈥檚 personal injury practice at the time, focused on injury claims and road safety. It was published weekly for 13 陆 years until July 2020, when his busy legal practice no longer left time for writing.

Paul was able to pick up writing again in January 2024, After transitioning his practice to estate administration and management.

Paul鈥檚 intention is to write primarily about end of life and estate related matters, but he is very easily distracted by other topics.

You are encouraged to contact Paul directly at paul@hlaw.ca with legal questions and issues you would like him to write about.

paul@hlaw.ca





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