95Written declarations

95 Written declarations

95 Written declarations

(1) This section applies if—

(a) the person has been assessed as eligible for access to voluntary assisted dying, and

(b) the person or the person’s agent advises the relevant entity that the person wishes to make a written declaration, and

(c) the entity does not provide, to persons to whom relevant services are provided at the residential premises, access to the request and assessment process at the facility.

(2) If the person is a permanent resident at the residential facility—

(a) the relevant entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by—

(i) the person’s coordinating practitioner, and

(ii) another person lawfully participating in the person’s request for access to voluntary assisted dying to enable the person to make a written declaration, and

(b) if the coordinating practitioner is not available to attend—the relevant entity must take reasonable steps to facilitate the transfer of the person to and from the place where the person may make a written declaration.

(3) If the person is not a permanent resident at the residential facility—

(a) the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person may make a written declaration, or

(b) if, in the deciding practitioner’s opinion, transfer of the person as described in paragraph (a) would not be reasonable in the circumstances—the entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by—

(i) the person’s coordinating practitioner, and

(ii) any other person lawfully participating in the person’s request for access to voluntary assisted dying.

(4) In making a decision for subsection (3)(b), the deciding practitioner must have regard to the following—

(a) whether the transfer would be likely to cause serious harm to the person,