Medical Assistance in Dying in Home Care and Senior Housing

Medical Assistance in Dying (MAiD)

To be eligible for MAiD, an adult must:

• a serious and incurable illness, disease, or disability;
• be experiencing an advanced state of decline that cannot be reversed;
• experience unbearable suffering that cannot be relieved in a way the adult feels is acceptable;
• be capable of making decisions about their health care at the time of application and assessment; and
• be able to clearly communicate their consent at the time of the procedure.(1)

A person can request MAiD through their family physician or nurse practitioner, or by contacting the regional health authority’s Home and Community Care Office for guidance. The request must be submitted in writing on a specific form.(2)

Before anyone can receive medical assistance in dying, they must be assessed by two independent doctors or nurse practitioners to determine whether they are eligible. A consultation with a third doctor or nurse practitioner who has expertise in the condition causing the person’s suffering may also be required. This process ensures that the individual is aware of all the care options available to them and has the information required to make an informed decision. A person who has been approved for MAiD may change their mind at any time.(3)

An adult who has been approved for MAiD can have the procedure where they choose, including in a care facility. However, in BC care facilities run by faith-based organizations, and individual practitioners, can refuse to provide MAiD on-site for religious reasons. This is supported by an agreement between the provincial government and the Denominational Health Association. It means that residents of some faith-based facilities who want and qualify for MAiD must transfer to a facility that will provide the service.(4)

References

1. Criminal Code, RSC 1985, c C-46, s 241.1, online: <canlii.ca/t/7vf2>; British Columbia, “Medical Assistance in Dying” (last visited 30 August 2023), online: <www2.gov.bc.ca/gov/content/health/accessing-health-care/home-community-care/care-options-and-cost/end-of-life-care/medical-assistance-in-dying>; Canada, ”Medical assistance in dying: Overview” (August 18, 2023), online: <www.canada.ca/en/health-canada/services/health-services-benefits/medical-assistance-dying.html>.
2. Criminal Code, RSC 1985, c C-46, s 241.1, online: <canlii.ca/t/7vf2>; British Columbia, “Medical Assistance in Dying” (last visited 30 August 2023), online: <www2.gov.bc.ca/gov/content/health/accessing-health-care/home-community-care/care-options-and-cost/end-of-life-care/medical-assistance-in-dying>; Canada, ”Medical assistance in dying: Overview” (August 18, 2023), online: <www.canada.ca/en/health-canada/services/health-services-benefits/medical-assistance-dying.html>.
3. Criminal Code, RSC 1985, c C-46, s 241.1, online: <canlii.ca/t/7vf2>; British Columbia, “Medical Assistance in Dying” (last visited 30 August 2023), online: <www2.gov.bc.ca/gov/content/health/accessing-health-care/home-community-care/care-options-and-cost/end-of-life-care/medical-assistance-in-dying>; Canada, ”Medical assistance in dying: Overview” (August 18, 2023), online: <www.canada.ca/en/health-canada/services/health-services-benefits/medical-assistance-dying.html>.
4. Criminal Code, RSC 1985, c C-46, s 241.1, online: <canlii.ca/t/7vf2>; British Columbia, “Medical Assistance in Dying” (last visited 30 August 2023), online: <www2.gov.bc.ca/gov/content/health/accessing-health-care/home-community-care/care-options-and-cost/end-of-life-care/medical-assistance-in-dying>; Canada, ”Medical assistance in dying: Overview” (August 18, 2023), online: <www.canada.ca/en/health-canada/services/health-services-benefits/medical-assistance-dying.html>.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024.

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

In property law, the act of an owner of a thing giving ownership of that thing to another person, usually in exchange for money or other property in the case of a sale, or in exchange for other rights in the case of a family law agreement. See "family law agreements," "ownership" and "sale."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."