10When person is eligible to access voluntary assisted dying

### 10 When person is eligible to access voluntary assisted dying > > (1)  For the purposes of this Act, a person is eligible to access voluntary assisted dying if – > > > > > > (a) the person has attained the age of 18 years; and > > > > > > > (b) the person meets the residency requirements; and > > > > > > > (c) the person has decision-making capacity; and > > > > > > > (d) the person is acting voluntarily; and > > > > > > > (e) the person is suffering intolerably in relation to a relevant medical condition. > > > (2)  For the purposes of this Act, a person is not eligible to access voluntary assisted dying by reason only that the person – > > > > > > (a) has a mental illness, within the meaning of the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) ; or > > > > > > > (b) [*\[Section 10 Subsection (2) amended by No. 6 of 2025, s. 23, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-006#GS23@Hpa@EN) has a disability, within the meaning of the [Disability Rights, Inclusion and Safeguarding Act 2024](/view/html/inforce/2026-04-12/act-2024-021) . > > > (3)  For the avoidance of doubt – > > > > > > (a) [*\[Section 10 Subsection (3) amended by No. 6 of 2025, s. 23, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-006#GS23@Hpb@EN) a person who has a disability, within the meaning of the [Disability Rights, Inclusion and Safeguarding Act 2024](/view/html/inforce/2026-04-12/act-2024-021) , is eligible to access voluntary assisted dying if the person has a relevant medical condition and the other requirements of [subsection (1)](#GS10@Gs1@EN) are satisfied in relation to the person; and > > > > > > > (b) a person who has a mental illness, within the meaning of the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) , is eligible to access voluntary assisted dying if the requirements of [subsection (1)](#GS10@Gs1@EN) are satisfied in relation to the person.