Conditions for Receiving Medical Assistance in Dying | ScriptaLegal
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Frequently asked questions > Incapacity, Protection > Incapacity: rights and procedures > What are the conditions for receiving medical aid in dying following an advance request?

What are the conditions for receiving medical aid in dying following an advance request?

The person must meet all the conditions prescribed by Québec law, including having a serious and incurable illness leading to incapacity, having become incapable because of that illness, exhibiting on a recurring basis the clinical manifestations described in their request, being in a medical state of advanced, irreversible decline in capability, and being in a medical state that gives cause to believe, according to the professional’s clinical judgment, that they are experiencing enduring and unbearable physical or psychological suffering that cannot be relieved under conditions considered tolerable. Compliance with these conditions must be confirmed by two physicians or specialized nurse practitioners; an advance request therefore does not automatically entitle the person to medical aid in dying. The request must, among other things, comply with the law and be filed in the register established for that purpose. Any refusal to receive medical aid in dying expressed by the person must be respected. The federal Criminal Code does not currently permit the administration of medical aid in dying on the basis of such an advance request, despite the framework established in Québec.

 

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