43Patient assessed as eligible may make written declaration

43 Patient assessed as eligible may make written declaration

43 Patient assessed as eligible may make written declaration

(1) A patient may make a written declaration requesting access to voluntary assisted dying if the patient has been assessed as eligible for access to voluntary assisted dying by—

(a) the patient’s coordinating practitioner, and

(b) the patient’s consulting practitioner.

(2) The written declaration must be—

(a) in the approved form, and

(b) given to the patient’s coordinating practitioner.

(3) The written declaration must—

(a) state that the patient—

(i) makes the declaration voluntarily, and

(ii) does not make the declaration because of pressure or duress, and

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(iii) understands its nature and effect, and

(b) be signed by the patient, or a person referred to in subsection (4), in the presence of 2 witnesses, and

(c) include the following—

(i) the patient’s name, date of birth and contact details,

(ii) if the patient was assisted by an interpreter—the interpreter’s name, contact details and accreditation details,

(iii) the name and contact details of the patient’s coordinating practitioner.

(4) A person may sign the written declaration on behalf of the patient if—

(a) the patient is unable to sign the declaration, and

(b) the patient directs the person to sign the declaration, and

(c) the person—

(i) is an adult, and

(ii) is not a witness to the signing of the declaration, and

(iii) is not the coordinating practitioner or consulting practitioner for the patient making the declaration.