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Elder law

right to die

Many people have strong beliefs about whether a person should have the right to die when they choose—to end a person’s own perceived pain and suffering, especially when they are terminally ill. These beliefs are often rooted in religion, morals, ethics, law (government-made and natural), and spirituality. Depending on a person’s beliefs or point of view, the issue and related laws may also be referred to as death with dignity, assisted suicide, aid in dying, physician assisted suicide, euthanasia, end of life options, and patient choice and control at the end of life.

Currently eight states and the District of Columbia (Washington, D.C.) have laws (statutes) that permit persons to choose when to end their lives under certain circumstances. These states include (1) California, (2) Colorado, (3) Hawaii, (4) Maine, (5) New Jersey, (6) Oregon, (7) Vermont, and (8) Washington. And although the state of Montana does not have such a statute its supreme court has ruled that nothing in the state’s law prohibits a physician from honoring a terminally ill but mentally competent patient’s request to prescribe medication to expedite the patient’s death. In states without such laws a physician or other person’s act of assisting a person with suicide is generally subject to criminal prosecution for murder or other criminal charges.

In Texas, the right to die or physician-assisted suicide is not legally recognized. Texas law upholds the illegality of euthanasia and assisted suicide, meaning that any person, including a physician, who assists another person in ending their life could face criminal charges, including charges for murder or manslaughter. The state's statutes reflect a position that aligns with the traditional legal and ethical stance against taking active measures to end one's life. While the topic of death with dignity and end-of-life options continues to be a matter of public debate, influenced by various religious, moral, ethical, and legal considerations, Texas has not enacted any laws similar to those in the eight states and the District of Columbia that allow terminally ill patients to legally choose to end their lives under specific circumstances.


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