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Could Lasting Power of Attorneys be affected by the proposed Assisted Dying Bill?

The Assisted Dying Bill is one of the most controversial legal proposals currently under debate in the UK.

If passed, it could allow terminally ill individuals with six months or less to live to request medical assistance to end their lives.

Looking ahead, what does this mean for those with a Lasting Power of Attorney (LPA) for health and welfare?

Could an appointed attorney ever make this decision on your behalf if you lose mental capacity?

The short answer is no, not under the current law, however, it is currently uncertain if this will change if the Bill becomes law.

What an LPA can (and cannot) do under current law

A Lasting Power of Attorney (LPA) for Health and Welfare allows you to appoint someone you trust to make medical and care-related decisions on your behalf if you become unable to do so yourself.

This can include choices about:

Medical treatment and care options
Where you live
Life-sustaining treatment (if explicitly authorised in your LPA)

However, one thing an LPA does not allow is assisted dying.

Under the Mental Capacity Act 2005 (the Act), attorneys cannot consent to any illegal action, including assisted suicide or euthanasia.

If the Assisted Dying Bill becomes law, it will likely follow the same principles as existing laws in other countries where assisted dying is legal.

These principles usually mandate that the request must come directly from the individual at a time when they have full mental capacity.

However, this is purely speculation at present, and more information will be available if the Bill receives Royal Assent.

This is likely to become somewhat of a legal minefield and so it is something that should be reviewed regularly as part of your later life plans.

What stage is the Assisted Dying Bill currently at in Parliament?

The Assisted Dying Bill is currently at the committee stage in the House of Commons, with MPs expected to begin detailed scrutiny of the legislation on 11 February 2025.

While there is still no confirmed timetable for the next stage, we know the parliamentary process is lengthy and could take months or even years to complete.

Even if the Bill becomes law, it is expected to include strict safeguards to ensure that assisted dying is a personal choice made only by the individual in question, not by attorneys, family members, or doctors.

In other countries with assisted dying laws, such as Canada and Switzerland, attorneys cannot request it on behalf of someone who has lost capacity.

This could create a potential legal minefield as it is doubtful that an LPA would ever give an attorney the authority to make this decision.

What does this mean for you or your loved ones?

If you are concerned about your or your loved one’s end-of-life care, the best thing you can do right now is to ensure your LPA reflects your current wishes under the existing legal framework.

With the Assisted Dying Bill still in its early stages, no legal changes have been made yet, and we cannot predict how the final version (if passed) will be structured.

However, what we do know is that LPAs remain important tools for ensuring your healthcare decisions are made according to your wishes.

We will continue to monitor the progress of the Bill and any potential impact on private client law.

In the meantime, if you would like advice on setting up or reviewing an LPA, get in touch with our solicitors today.

Rachel Blackburn

Head of Wills, Probate and Older Client Services

I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.

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