Ken Fagg, swimming with a dolphin

Ken J Fagg won’t hedge his bets when it comes to “the final sleep”.

When we die, it is clearly very important that our wealth is disposed of in accordance with our wishes.  Perhaps even more important than this, is that we should be able to die in accordance with our wishes.  We are only just beginning to discuss this important subject, and there are bitter differences of opinion.  The pro-life group accuse the pro-choice group of murder.  The pro-choice group think that it is impertinence and intolerable interference for the pro-life group to try to dictate how others should end their lives.  If heaven is so heavenly, why are they so intent on stopping people going there?

The pro-life and pro-choice groups have one thing in common.  They both want the certainty that their wishes will be respected and observed.  Instead of fighting each other, it may be more beneficial to combine forces to seek new legislation that would satisfy both sides.

At one end of the scale, those who have clearly said that they want every effort to be made to keep them alive whatever the pain, need to know that their lives will not be terminated prematurely, whatever the next-of-kin may say.  At the other end of the scale, when the time comes for the final sleep, those who want assistance need the assurance that action will be prompt.  When you are suffering unbearably, 5 minutes is a long time, an hour is inhumane, and a day is an eternity.  You certainly don’t want doctors, lawyers or other experts (who may be unsympathetic or may be worried about the legal or moral implications) pondering the matter for weeks or months, especially if they cannot agree and the case goes to Appeal.

What we need is a Life Contract with the State.  We need:-

• a universally recognized document
• a mechanism to ensure that the document represents the long-term genuine wishes of the owner
• the certainty that it will be acted on, and that the appropriate action will be taken promptly, wherever the owner happens to be at that time, whether or not their G.P. can be contacted, and whether or not the medical staff involved think that the decision is morally correct.

This document needs to have the same status as a Will or a Passport. There must be a period of, say, six months between the date that the Contract is drawn up (or altered) and signed, and the date it becomes effective.  This will help to ensure that the Contract represents the owner’s considered long-term wishes and is not a passing rash decision made whilst depressed.  It also allows for changes to be made.

In order to ensure that the owner has not been unduly influenced by others (whether they are political or religious pressure groups, or are unscrupulous relatives who are either tired of looking after granny or want to bump her off for the inheritance!), the Contract needs to be counter-signed by a solicitor, a doctor or a minister (at the owner’s choice) to say that he/she has discussed the matter with the owner and is satisfied on this point.  Alternatively, the Contract could be registered at the office of the Registrar for Births, Deaths, Marriages, Wills and Life Contracts!

Many people worry about losing control when they can no longer fend for themselves.  They fear that they will be unable to argue their case, especially when there are so many people who are hostile to, on the one hand, voluntary euthanasia, and on the other, a lingering death.  As a result no one can relax and fully enjoy their last days. The pro-choice members may be inclined to end their lives prematurely whilst they are still in control.  But the final sleep should be a dignified peaceful event. Many will want to spend it in the company of their loved ones. Suicides have, by law, to be lonely events and can be messy. There is always the fear that some do-gooder will rush in to frustrate the person’s wishes. Failed incomplete suicides can be much worse.  The Life Contract should remove one of the major worries that afflict elderly people.  It should enable everyone to live a richer fuller life and give them the peace of mind that comes from knowing that their wishes will be met whatever their condition.

Here are some statements than an “International Life Contract” might contain; not all at once (some are mutually contradictory) but  to be deleted or amended appropriately.

• I want every effort to be made to prolong my life whatever the disability and however great my pain.
• I want every effort to be made to prolong my life unless my condition is incurable and I am suffering unbearably, in which case (a) increase the pain relief dose to reduce or eliminate the pain irrespective of the consequences for longevity, or (b) end my life immediately.
• Let nature take its course.  Give pain relief where necessary but do not prolong life unnaturally.
• Allow me to end my life whenever I judge the quality of my life to have deteriorated so that in my opinion the pleasures and other benefits of living are outweighed by the pain, suffering or futility of life.
• I wish to have my life terminated for me, whether or not I have a disability, if I become incapable of making my own decisions.  If ever there is any doubt about my condition, take action on the basis that it is far, far better to die too soon than to die too late.
• I have considered the possibility that some miracle cure may unexpectedly become available.  However, development and testing is likely to take years, and then the cure could be available to the very rich only.  I don’t want to suffer years of agony whilst waiting for something which may delay death a few months or years only.  Everyone has to die eventually.
• Allow me to obtain assistance to end my life.

Ken J Fagg is a BHA member. He is retired and has written a book called They’ve Got It All Wrong.

No part of this article should be construed as offering legal advice of any kind.