California’s Assisted Death Law Struck Down

Advocates and detractors of physician-assisted suicide have been paying close attention to the state of California. A law passed there in 2015 to allow the practice, was thought to be a good opportunity to see how it would work in a large state population, especially since the law contained important provisions concerning record keeping and reporting.

Regular reports on how the law was being used, were also supposed to be issued by the state. While the law is very popular with citizens according to polling data, many doctors were not as impressed and a group of them sued in 2016 to stop the law.

Recently, a judge in California ruled in favor of the doctors and struck down the law as the Sacramento Bee reports in “California assisted death law overturned in court.”

The doctors argued that the law did not adequately define terminal illness, for it to be clear which patients were eligible for physician assistance. The law also exempted people who helped patients with death from liability. The doctors complained that the law was not passed by the legislature following the appropriate procedure. The judge agreed with these claims.

The law’s supporters point out that the ruling was not about the legality of physician-assisted death itself and California has subsequently filed an appeal of the court’s ruling.

Reference: Sacramento Bee (May 15, 2018) “California assisted death law overturned in court.”

Hear From Our Clients

“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce