California has enacted the End of Life Option Act, which makes it possible for a person who is suffering from a terminal illness to get help from their doctor in ending their life, assuming they meet certain criteria. However, this Act only allows doctors and other medical professionals to assist.
Seeing a loved one age may be very distressing, especially if they are suffering from a terminal illness or are in excruciating agony in their final days. In the United States, the concept of euthanasia or assisted suicide is extremely divisive. The state of California has approved one type of assisted suicide, allowing terminally ill patients to die with the help of a doctor. However, if you are not a doctor, assisting an old loved one in dying is considered elder abuse and is punishable under California law.
As experienced elder abuse attorneys, we understand that many individuals are confronted with the difficult task of caring for elderly parents and other loved ones who are in great pain and do not want to live. However, it is unlawful in California to aid a loved one in dying if you are not a certified physician, regardless of how noble your intentions are or how deeply your loved one wants your help.
What does it mean to assist someone in suicide?
Aiding a suicide happens when a person knowingly assists, advises, or urges another person to commit suicide. The key word here is purposefully; the individual must do something on purpose in order to be charged with assisting a suicide.
If you purchase the goods necessary for a person to commit suicide, such as sleeping pills or other drugs, or if you urge him or her to do so, you might be charged with assisting a suicide. If you assist or urge someone to commit suicide but they do not succeed, you might be charged with attempted assisting in suicide.
Aiding a suicide is only prosecuted when the person who dies kills himself or herself. You might be charged with murder if you actively kill the person in issue — instance, if your elderly mother requests you to kill her because she can no longer live like this. However, there is an exemption if the death was caused by a suicide pact and you wanted to die alongside the other person.
Potential consequences for assisting a suicide
Aiding a suicide is a crime in California, and it can result in a sentence of up to three years in state prison and a fine of up to $10,000. A skilled elder abuse lawyer may be able to help you defend against a charge of assisting a suicide by stating that your acts were not intentional. To put it another way, you didn’t mean to urge the other person to commit suicide, and you didn’t buy a specific item knowing they’d use it to kill themselves.
If you’ve been accused of assisting a suicide or any other sort of elder abuse, you’ll need the help of an experienced elder abuse lawyer. Contact Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We will fight for your freedom and your rights. The first consultation is always free.
