Assisted-suicide laws are a prescription for abuse

http://altamontenterprise.com/01212016/assisted-suicide-laws-are-prescription-abuse

To the Editor:

I was glad to see the letter by Oregon doctor Kenneth Stevens, describing how legalizing assisted suicide in Oregon has led to steerage to suicide by the Oregon Health Plan (Medicaid).  ("No assisted suicide," Jan. 7, 2016).  I write to highlight another problem with legalization -- elder abuse.

I am a former three-term state representative in New Hampshire.  In 2014, the New Hampshire House of Representatives voted down a similar law.  The vote was an overwhelming 3-to-1 defeat, 219 to 66.

At that time, the House of Representatives was controlled by the Democrats.  Many representatives who initially thought that they were for the bill, became uncomfortable when they studied it further.

Contrary to promoting "choice" for older people, assisted-suicide laws are a prescription for abuse.  They empower heirs and other predators to pressure and abuse older people to cut short their lives.

This is especially an issue when the older person has money.  There is no assisted suicide bill that you can write to correct this huge problem.  Don't be fooled.

Nancy Elliott

Merrimack, New Hampshire
Post date: January 21, 2016

New York State Legal/Policy Analysis

Below, please find a legal/policy analysis by attorney Margaret Dore opposing bills seeking to legalize assisted suicide and euthanasia in New York State. A hard copy can be viewed by clicking here; the appendix can be viewed by clicking here.  Please find a web version below.

I. INTRODUCTION

I am an attorney in Washington State where assisted suicide is legal.[1] Our law is based on a similar law in Oregon. Both laws are similar to the proposed New York State bills, which seek to legalize physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined.[2]

The proposed bills are described as “aid in dying,” but their reach is not limited to dying people. “Eligible” persons may have years, even decades, to live. The bills are a recipe for elder abuse.  There are other problems.

I agree with proponents that assuring patient choice and control is paramount. The bills, however, are stacked against the patient. This is due to their actual language. Some of the words used do not have their normal meanings. I urge you to read the definitions and other provisions carefully. Don’t be fooled; please reject this measure.

New York State Assisted Suicide and Euthanasia Bills Are a Recipe for Elder Abuse

TUESDAY, JANUARY 12, 2016

FOR IMMEDIATE RELEASE

Dore: "Even if you like the concept of assisted suicide and euthanasia, the proposed New York bills have it all wrong.”

Contact: Margaret Dore (206) 697-1217

Albany, NY -- Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide legalization efforts in many states and now New York State, made the following statement in connection with a legislative lobby day for proposed bills, which seek to legalize assisted suicide and euthanasia.

"There are bills pending before the New York State Legislature, which seek to legalize physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined," said Dore. "The bills are described as 'aid in dying,' but their reach is not limited to dying people. 'Eligible' persons may have years, even decades, to live."

Dore said, "The bills are a recipe for elder abuse. The patient's heir, who will financially benefit from the patient's death, is allowed to actively participate in signing the patient up for the lethal dose. There is no oversight over administration." Dore elaborated, "No doctor, not even a witness, is required to be present at the death. Even if the patient struggled, who would know? The bills create the perfect crime."  

Dore Professional Commentary

http://jurist.org/hotline/2015/10/margaret-dore-physician-assisted-suicide.php

California's New Assisted Suicide Law: Whose Choice Will it Be?

JURIST Guest Columnist, Margaret Dore, Esq., MBA

Editor, Maria Coladonato; 

©  WikiMedia (Christopher Padalinski)

California has passed a bill to legalize physician-assisted suicide, which is scheduled to go into effect during 2016. "The End of Life Option Act" was sold as giving patients choice and control at the end of life. The bill, in fact, is about ending the lives of people who are not necessarily dying anytime soon and giving other people the "option" to hurry them along. The bill is a recipe for elder abuse and family trauma. 

California Assisted Suicide Bill Narrowly Passes Assembly.

NEWS RELEASE

For the original print version, please click here.

FOR IMMEDIATE RELEASE
September 9, 2015

Contact: Margaret Dore
206-697-1217

Sacramento, CA – In light of today’s narrow passage of assisted suicide legislation by the California State Assembly, a national expert on assisted suicide and euthanasia points out a fundamental flaw with today’s floor debate.

“The assemblymembers didn’t focus on the bill’s language,” said Margaret Dore, president of Choice is an Illusion, regarding ABX2-15, which is modeled on similar laws in Oregon and Washington State.  "The bill is sold as giving people choice and control at the end of life. Yet the bill’s language is stacked against the patient and applies to people with years, even decades, to live.”

California's ABX2-15: Governor Not Impressed; Bill Is But A "New Number With the Same Song."

By Margaret Dore, Esq., MBA

Yesterday, the deceptively named Compassion & Choices unveiled its "new" deceptively named End of Life Option Act to great fanfare in a press credentialed only press conference.

Governor Jerry Brown has already weighed in that the present special session "is not the appropriate venue to consider the issue."

The new bill, ABX2-15, is in substance an old bill (SB 128) that was unable to make it out of committee.

AB 15 has some new provisions and puts some of the old bill's provisions in a different order. ABX2-15 is in substance the same bill as the old bill. Key points include:

• ABX2-15 applies to patients with a "terminal disease." In Oregon, which has a similar law, such persons include young adults with chronic conditions such as insulin dependent diabetes and chronic lower respiratory disease. People living with HIV/AIDS, who are dependent on their medication to live, also qualify as "terminal." Such persons can have years, even decades, to live. 

• Once a person is "labeled 'terminal,' an easy justification can be made that his or her treatment or coverage should be denied in favor of someone more deserving."[1] In Oregon, where assisted suicide is legal, patients are not only denied coverage for treatment, they are offered assisted suicide instead.[2] Well known cases are Barbara Wagner and Randy Stroup.[3]

• The bill remains a recipe for elder abuse in which the patient's heir, who will financially benefit from his or her death, is allowed to actively participate in signing the patient up for the lethal dose. This fact alone does not meet the "stink test." 

• Once the lethal dose is issued by the pharmacy, there is no oversight. Not even a witness is required at the death. If the patient struggled, who would know?

• The death certificate is required to be falsified to reflect a natural death. The significance is a lack of transparency and an inability to prosecute for murder even in a case of outright murder for the money.

ABX2-15 is but a new number with the same song. Don't be fooled.

To view a detailed legal/policy analysis of ABX2-15, please click on the following links: Executive summary and index; Memo; and Appendix/Attachments.

* * *

[1] Opinion Letter by Richard Wonderly MD and Attorney Theresa Schrempp, available at https://choiceisanillusion.files.wordpress.com/2012/07/schrempp_wonderly_opn_ltr1.pdf

[2] Id.
[3] Id.

Memo to the California State Assembly: "No" on SB 128

The original pdf version of this memo has an executive summary and index, which can be viewed here. The attachments can be viewed here.

I. INTRODUCTION.

I am an attorney in Washington State where assisted suicide is legal.[1] Our law is based on a similar law in Oregon. Both laws are similar to the proposed California bill, SB 128.[2] 

Enactment of SB 128 will create new paths of elder abuse. “Eligible” patients will include people with years, even decades, to live.  

I urge you to reject this measure. Do not make Washington’s and Oregon’s mistake.

California Prohibition Against Assisted Suicide is Constitutional.

Margaret Dore, Esq., MBA

A California trial court has upheld the constitutionality of that state's criminal statute prohibiting assisted suicide, which states:

Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony.

Penal Code § 401

The court's reasoning is contained in a 19 page "Ruling on Demurrer," filed on July 24, 2015. The ruling uses the term, "Aid in Dying" to mean physician-assisted suicide.  The term also means euthanasia. The court states in part:

Since "Aid in Dying" is quicker and less expensive, there is a much greater potential for its abuse, e.g,, greedy heirs-in-waiting, cost containment strategies, ímpulse decision-making, etc. Moreover, since it can be employed earlier in the dying process, there is a substantial risk that in many cases, it may bring about a patently premature death. For example, consider that a terminally ill patient, not in pain but facing death within the next six months, may opt for “Aid in Dying”' instead of working through what might have been just a transitory period of depression. Further, "Aid in Dying" creates the possible scenario of someone taking his life based upon an erroneous diagnosis of a terminal illness illness, which was, in fact, a mis-diagnosis that could have been brought to light by the passage of time. After all, doctors are not infallible.

Delaware Talking Points

1.  HB 150 legalizes assisted suicide for persons with a "terminal disease," which is defined as having less than six months to live.  In Oregon, which uses the same definition, young adults with chronic conditions such as diabetes are "eligible" for assisted suicide.  Such persons can have years, even decades, to live.  Consider also, Jeanette Hall, who was adamant that she would do assisted suicide, but was convinced to be treated instead.  Today, nearly 15 years later, she is "thrilled to be alive."  See  http://www.montanansagainstassistedsuicide.org/2013/04/if-kress-had-been-my-doctor-in-2000-i_27.html

2.  In Oregon, it is well-documented that Medicaid steers people to suicide through coverage incentives.  Private insurers have this same ability.  For more information, see the affidavit of Kenneth Stevens, MD, at this link:  https://maasdocuments.files.wordpress.com/2014/08/dr-stevens-affidavit_001.pdf

3.  Legalization of assisted suicide is a recipe for elder abuse. Once the lethal dose is issued by the pharmacy, there is no oversight.  Even if the patient struggled, who would know?

4.  In Oregon, other (conventional) suicides have increased significantly with the legalization of physician-assisted suicide.  In Oregon, conventional suicides are a $41 million problem due to hospitalization costs, etc.  See http://www.choiceillusion.org/2014/03/the-high-financial-cost-of-regular.html  Legalization, regardless, sends the wrong message to young people that suicide is an acceptable solution to life's problems.

For a short article about Washington's similar law, please go here: https://www.kcba.org/newsevents/barbulletin/BView.aspx?month=05&Year=2009&AID=article5.htm

Attorney slams California suicide bill

FOR IMMEDIATE RELEASE

Dore: “Even if you like the concept of assisted suicide, SB 128 is the wrong bill.”

Contact: Margaret Dore (206) 697-1217

Seattle, WA -- Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide legalization efforts in many states and now California, made the following statement after the California Senate Appropriations Committee passed SB 128 on May 28, sending the assisted suicide bill to the Senate floor.

"SB 128 is sold as giving people an 'end of life option,’” Dore said. “The fact is this bill is about ending the lives of people who aren’t necessarily dying anytime soon, and giving other people the ‘option’ to hurry them along."

Dore, an attorney in Washington State where assisted suicide is legal, explained, “In my law practice, I started out working in guardianships, wills and probate, and saw abuse of all kinds, especially where there was money involved (where there's a will, there are heirs). Then, in 2008, I got dragged to a meeting about our assisted suicide law and saw the perfect crime: your heir could help sign you up, and once the lethal dose was in the house, there was no oversight. Not even a witness is required. If you struggled, who would know?"

Preventing Abuse and Exploitation: A Personal Shift in Focus. An Article About Guardianship, Elder Abuse and Assisted Suicide

By Margaret K. Dore, Esq., MBA

The Voice of Experience, American Bar Association

Volume 25, No. 4, Winter 2014

To view the original version, click here and here

I graduated from law school in 1986. I first worked for the courts and then for the United States Department of Justice. After that, I worked for other lawyers, and then, in 1994, I officially started my own practice in Washington State. Like many lawyers with a new practice, I signed up for court-appointed work in the guardianship/probate context. This was mostly guardian ad litem work. Once in awhile, I was appointed as an attorney for a proposed ward, termed an “alleged incapacitated person.” In other states, a guardianship might be called a “conservatorship” or an “interdiction.” A guardian ad litem might be called a “court visitor.”

My Guardianship Cases

Most of my guardianship cases were straightforward. There would typically be a elderly person who could no longer handle his or her affairs. I would be the guardian ad litem. My job would be to determine whether the person needed a guardian, and if that were the case, to recommend a person or agency to fill that role.

My work also included private pay cases with moderate estates. With these cases, I would sometimes see financial abuse and exploitation. For example, there was an elderly woman whose nephew took her to the bank each week to obtain a large cash withdrawal. She had dementia, but she could pass as “competent” to get the money. In another case, “an old friend from 30 years ago” took “Jim,” a 90 year old man, to lunch. The friend invited Jim to live with him in exchange for making the friend sole beneficiary of his will. Jim agreed. The will was executed and he went to live with the friend in a nearby town. A guardianship was started and I was appointed guardian ad litem. I drove to the friend’s house, which was dilapidated. Jim did not seem to have his own room. I asked him if he would like to go home. He said “yes” and got in my car. He was not incompetent, but he had allowed someone else to take advantage of him. In another case, there was a disabled man whose caregiver had used his credit card to remodel her home. He too was competent, but he had been unable to protect himself.

In those first few years, I loved my guardianship cases. I had been close to my grandmother and enjoyed working with older people. I met guardians and other people who genuinely wanted to help others.

But then I got a case involving a competent man who had been railroaded into guardianship. The guardian, a company, refused to let him out. The guardian also appeared to be churning the case, i.e., causing conflict and then billing for work to respond to the conflict and/or to cause more conflict. I have an accounting background and also saw markers of embezzlement. I tried to tell the court, but the supervising commissioner didn’t know much about accounting. She allowed the guardian to hire its own CPA to investigate the situation, which predictably exonerated the guardian. The guardian had many cases and if what I said had been proved true, there would have been political fallout. There were also conflicts of interest among the lawyers.

At this point, the scales began to fall from my eyes. My focus started to shift from working within the system to seeing how the system itself sometimes facilitates abuse. This led me to write articles addressing some of the system’s flaws.  See e.g., Margaret K. Dore, Ten Reasons People Get Railroaded into Guardianship, 21 AM. J. FAM. L. 148 (2008); Margaret K. Dore, The Time is Now: Guardians Should be Licensed and Regulated Under the Executive Branch, Not the Courts, WASH. ST. B. ASS’N B. NEWS, Mar. 2007 at 27-9, available at http://maasdocuments.files.wordpress.com/2013/08/dore-the-time-is-now-ashx.pdf

The MetLife Studies 

In 2009, the MetLife Mature Market Institute released its landmark study on elder financial abuse. see https://www.giaging.org/documents/mmi-study-broken-trust-elders-family-finances.pdf The estimated financial loss by victims in the United States was $2.6 billion per year.

The study also explained that perpetrators are often family members, some of whom feel themselves “entitled” to the elder’s assets. The study states that perpetrators start out with small crimes, such as stealing jewelry and blank checks, before moving on to larger items or coercing elders to sign over the deeds to their homes, change their wills or liquidate their assets.

In 2011, Met Life released another study available at https://www.giaging.org/documents/mmi-elder-financial-abuse.pdf, which described how financial abuse can be catalyst for other types of abuse and which was illustrated by the following example. “A woman barely came away with her life after her caretaker of four years stole money from her and pushed her wheelchair in front of a train. After the incident the woman said, “We were so good of friends . . . I’m so hurt that I can’t stop crying.”

Failure to Report

A big reason that elder abuse and exploitation are prevalent is that victims do not report. This failure to report can be for many reasons. A mother being abused by her son might not want him to go to jail. She might also be humiliated, ashamed or embarrassed about what’s happening. She might be legitimately afraid that if she reveals the abuse, she will be put under guardianship.

The statistics that I’ve seen on unreported cases vary, from only 2 in 4 cases being reported, to one in 20 cases. Elder abuse and exploitation are, regardless, a largely uncontrolled problem. 

A New Development: Legalized Assisted Suicide

Another development relevant to abuse and exploitation is the ongoing push to legalize assisted suicide and euthanasia in the United States. “Assisted suicide” means that someone provides the means and/or information for another person to commit suicide. If the assisting person is a physician who prescribes a lethal dose, a more precise term is “physician-assisted suicide.” “Euthanasia,” by contrast, is the direct administration of a lethal agent with the intent to cause another person’s death.

In the United States, physician-assisted suicide is legal in three states:  Oregon, Washington and Vermont. Eligible patients are required to be “terminal,” which means having less than six months to live. Such patients, however, are not necessarily dying.  One reason is because expectations of life expectancy can be wrong. Treatment can also lead to recovery. I have a friend who was talked out of using Oregon’s law in 2000. Her doctor, who did not believe in assisted suicide, convinced her to be treated instead.  She is alive today, 13 years later.

Oregon’s law was enacted by a ballot measure in 1997. Washington’s law was passed by another measure in 2008 and went into effect in 2009. Vermont’s law was enacted on May 20, 2013.  All three laws are a recipe for abuse. One reason is that they allow someone else to talk for the patient during the lethal dose request process. Moreover, once the lethal dose is issued by the pharmacy, there is no oversight over administration. Even if the patient struggled, who would know? [See e.g., http://www.choiceillusion.org/2013/11/quick-facts-about-assisted-suicide_11.html 

Here in Washington State, we have already had informal proposals to expand our law to non-terminal people. The first time I saw this was in a newspaper article in 2011. More recently, there was a newspaper column suggesting euthanasia “if you couldn’t save enough money to see yourself through your old age,” which would be involuntary [or non-voluntary] euthanasia. Prior to our law being passed, I never heard anyone talk like this.

I have written multiple articles discussing problems with legalization, including Margaret K. Dore, "Death with Dignity”: What Do We Advise Our Clients?," King Co. B. ASS’N, B. BuLL., May 2009, available atwww.kcba.org/newsevents/barbulletin/BView.aspx?Month=05&Year=2009&AID=article5.htm; Margaret K. Dore, Aid in Dying: Not Legal in Idaho; Not About Choice, 52 THE ADVOCATE [the official publication of the Idaho State Bar] 9, 18-20 (Sept. 2013) 

My Cases Involving the Oregon and Washington Assisted Suicide Laws

I have had two clients whose parents signed up for the lethal dose. In the first case, one side of the family wanted the father to take the lethal dose, while the other did not.  He  spent the last months of his life caught in the middle and traumatized over whether or not he should kill himself. My client, his adult daughter, was also traumatized.  The father did not take the lethal dose and died a natural death.

In the other case, it's not clear that administration of the lethal dose was voluntary. A man who was present told my client that the father refused to take the lethal dose when it was  delivered (“You’re not killing me.  I’m going to bed”), but then took it the next night when he was high on alcohol. The man who told this to my client later recanted. My client did not want to pursue the matter further.

Conclusion

In my guardianship cases, people were financially abused and sometimes treated terribly, but nobody died and sometimes we were able to make their lives much better. With legal assisted suicide, the abuse is final.  Don’t make Washington's mistake.

Margaret K. Dore (margaretdore@margaretdore.com) JD, MBA, is an attorney in private practice in Washington State where assisted suicide is legal. She is a former Law Clerk to the Washington State Supreme Court and the Washington State Court of Appeals. She worked for a year with the U.S. Department of Justice and is president of Choice is an Illusion, www.choiceillusion.org, a nonprofit corporation opposed to assisted suicide and euthanasia.

In Oregon and Washington, doctor could have closed the deal with a lethal prescription - who would have known?

Doctor wrote himself into 102-year-old patient's will: suit

http://nypost.com/2014/10/16/doctor-wrote-himself-into-102-year-old-patients-will-suit/

A prominent New York doctor swindled a 102-year-old Park Avenue patient, writing himself into her will and installing health care aides who mistreat the widow, a new lawsuit charges.

Donna Spears, a longtime friend of centenarian Helen Schlesinger, claims in her Manhattan civil suit that New York-Presbyterian physician Dr. Lawson Moyer has broken the law by both treating the 470 Park Ave. resident and appointing himself as her power of attorney.

“Moyer is making decisions for Helen that are not in her best interests,” Spears says in the suit.

Spears, of Wall Township, NJ, says she has known Schlesinger for 65 years. The frail woman, whose husband died in the 1950s, cannot get around on her own and requires 24-hour care.

In a 2003 will, Spears and a family member were designated to inherit the woman’s entire multimillion-dollar estate — save for a $10,000 bequest to the Salvation Army.

But shortly after Moyer became Schlesinger’s primary care doctor in 2010, the suit says, Schlesinger signed a new document “against [her] wishes” that left him $100,000, slashed Spears’ share to $25,000 and gave the rest to various charities.

Spears says Moyer hired nurses who have neglected and mentally abused the childless widow.

Spears wants a judge to appoint a guardian for Schlesinger.


Moyer did not return calls for comment.

Washington Post Puts the Spotlight on Hospice/Palliative Care Abuse

By Margaret Dore, Esq., MBA

Choice is an Illusion, President

Below and finally, a comprehensive article in a major paper describing what a lot of us know already, that non-consenting, non-dying people are being killed with morphine and other drugs under the guise of hospice/palliative care.  The article, excerpted below from the Washington Post, describes cases in the US. There are similar cases in Canada and the UK (e.g, the former "Liverpool Pathway").

There are a myriad of reasons why these cases occur, including mistakes and negligence, which is described in the Post article.  The wishes of heirs interested in a speedy inheritance and/or to get dad out of the way before he changes his will, can also be at play.  For a particularly egregious example, see William Dotinga, "Grim Complaint Against Kaiser Hospital," at http://www.courthousenews.com/2012/02/06/43641.htm

With hospice, eligibility is determined by a prediction of less than six months to live.  This is the same eligibility cutoff used for legal assisted suicide in Oregon and Washington State.  This is, however, just a prediction and there are many people deemed eligible who live longer than that and/or who are not dying.  See, e.g., the Washington Post article excerpted below and this article from the Seattle Weekly: "Terminal Uncertainty."  See also this affidavit from Oregon doctor Kenneth Stevens, MD and this affidavit from John Norton.

This hospice/palliative care abuse issue is important for itself, as well, as for its implications in the larger debate over assisted suicide/euthanasia legalization.  Consider, for example, the letter below from Washington State.  The author, the owner of a care facility, describes how since passage of Washington's assisted suicide law, doctors more readily resort to morphine, sometimes without consent.  He states:

Since [Washington's assisted suicide law] passed, we have . . .  noticed that some members of the medical profession are quick to bring out the morphine to begin comfort care without considering treatment. Sometimes they do this on their own without telling the client and/or the family member in charge of the client's care. http://www.choiceillusion.org/2013/12/it-wasnt-father-saying-that-he-wanted.html

He also describes a general devaluation of older people, as follows:

Since our [assisted suicide] law was passed, I have also observed that some medical professionals are quick to write off older people as having no quality of life whereas in years past, most of the professionals we dealt with found joy in caring for them. Our clients reciprocated that joy and respect.  (Id.).

He concludes by asking readers to not make Washington's mistake of legalizing assisted suicide. He states:

Someday, we too will be old. I, personally, want to be cared for and have my choices respected. I, for one, am quite uncomfortable with these developments. Don't make our mistake.  (Id.).

* * *
Below, the excerpt from the Washington Post article.

As More Hospices Enroll Patients who Aren't Dying, Questions About Lethal Doses Arise

http://www.washingtonpost.com/news/storyline/wp/2014/08/21/as-more-hospices-enroll-patients-who-arent-dying-questions-about-lethal-doses-arise/?

By Peter Whoriskey at peter.whoriskey@washpost.com

Mother was deprived of choice to live; assisted suicide would lead to more patient abuse

http://ravallirepublic.com/news/opinion/mailbag/article_09c08760-817c-571a-ada1-d42a0e2a3450.html?comment_form=true

August 18, 2014 6:15 am  

The letter by Gail Bell rang true to my own experience (“Mother’s death provided painful, personal example of need to stop assisted suicide,” Aug. 5).

In 2009, my mother died a painful death. It wasn’t from her condition or a disease. You see, my mother was starved and dehydrated to death with massive doses of morphine after she’d had a mild stroke. It had not mattered that she had been trying to speak and had indicated that she wanted water. The family member holding power of attorney, affirmed by a young doctor, had decided that it was time for her to die.

I watched my mother die, day and night for six days. She tried to fight, to wake up, but to no avail, and she suffered. To use the vernacular of assisted suicide proponents, she did not get her choice.

If these terrible deaths happen when aid in dying (assisted suicide and euthanasia) is not legal, what will happen if these practices are made legal? Doctors will have even more power to take away patient choice. If we can’t stop the abuse now, how will we be able to stop the abuse then?

In 2009, I first published my mother’s story, which can be viewed here www.choiceillusion.org/p/mild-stroke-led-to-mothers-forced.html.

I have since been contacted by adult children in both the U.S. and Canada whose parents were involuntarily starved and dehydrated to death. I hope that this practice can be stopped before it is too late. I offer my heartfelt condolences to Gail Bell.

Kate Kelly,
Delta, British Columbia, Canada

What results from assisted suicide laws

http://www.washingtonpost.com/opinions/what-results-from-assisted-suicide-laws/2014/07/11/2704d612-0768-11e4-9ae6-0519a2bd5dfa_story.html

July 11 at 5:42 PM 

As a former three-term state representative in New Hampshire, I was alarmed to see that Maryland is being urged to adopt an assisted-suicide law similar to those in Oregon and Washington state [" Controlling the end of life, Local Opinions, July 6]. 

Four months ago, the New Hampshire House rejected such a law by a 219 to 66 vote. Many representatives in the Democratic-controlled House initially thought they were for the bill but became uncomfortable when they studied the issue further. 

Contrary to promoting "choice" for older people, assisted-suicide laws are a prescription for abuse. They empower heirs and others to pressure and abuse older people to cut short their lives, especially when they have money. No assisted-suicide bill could correct this huge problem.

Nancy Elliott, Merrimack, N.H.

Legal/Policy Analysis Against New Jersey Bill, A2270 (Assisted Suicide & Euthanasia)

By Margaret Dore, Esq., MBA

A legal/policy analysis against New Jersey's proposed assisted suicide/euthanasia bill, A2270, can be viewed by clicking here.

If the analysis is "too big" for your computer, you can view it in pieces, by clicking the following links to: the cover sheet and index; the memo; and the appendices.

There are three main points:

1.  A2270 is titled "Aid in Dying for the Terminally Ill Act."  "Aid in Dying" is a euphemism for assisted suicide and euthanasia.  The title is, regardless, deceptive because it implies that A2270 is limited to people who are dying, which is untrue.  A2270 applies to people who may have years, even decades, to live.  See memo, pp. 5-8.

2. The bill is a recipe for elder abuse with the most obvious reason being a complete lack of oversight when the lethal dose is administered to the patient.  Even if he struggled, who would know? See memo, pp. 8-17.

3. The bill lacks transparency and accountability.  Id., pp. 17-19.

The last part of the memo is a discussion of the "Oregon and Washington Experience," with supporting documentation attached.

Please contact me with any questions or concerns at contact@choiceillusion.org or margaretdore@margaretdore.com.

Margaret Dore, President
Choice is an Illusion, a human rights organization
Law Offices of Margaret K. Dore, P.S.
www.choiceillusion.org
www.margaretdore.com
1001 4th Avenue, 44th Floor
Seattle, WA 98154

Late actor Mickey Rooney was a strong voice against elder abuse

https://ca.news.yahoo.com/blogs/dailybrew/actor-mickey-rooney-voice-against-elder-abuse-170443794.html
By Nadine Kalinauskas | Daily Brew

As the details of Mickey Rooney's death will make headlines today — he disinherited his eight surviving children and his estranged wife just weeks before his death, leaving his meager $18,000 estate to his stepson and caregiver Mark Rooney — so do claims that the Hollywood legend was a victim of elder abuse.

According to the Associated Press, Rooney said he lost most of his fortune because of elder abuse and financial mismanagement by another of his stepsons, Christopher Aber.

He cut his children out of his will because they were better off financially than he was.

Rooney's lawyer, Michael Augustine, said that an agreement was in place for millions to be repaid to the 93-year-old actor, but it was unlikely the estate will ever collect on it.

[ Related: Five of Mickey Rooney's most memorable movie roles ]

Almost three years ago, Rooney appeared before a U.S. Senate committee that was considering legislation that would crack down on elder abuse.

In March of 2011, then-90-year-old Rooney told the Senate Special Committee on Aging that he had been "stripped of the ability to make even the most basic decisions about my life" and financially exploited by his stepson, Aber, and didn't seek help because he was "overwhelmed" with fear, anger and disbelief.

"But above all, when a man feels helpless, it's terrible," Rooney testified.

Engaging in a war of he said/he said, Aber told the Daily Mail that his younger brother, Mark, and his wife were the real abusers, not him.

"They were keeping him from access to a phone, they kept him hostage," he claimed, making the horrific accusation that Rooney died of choking on his own food with no one there "to pat him on the back."

News outlets have reported only that Rooneydied of natural causes, including complications related to diabetes. Read Aber's messy allegations here.

Elder abuse has been making headlines in Canada this month.

Toronto woman Norma Marshall, 94, was victimized by her housekeeper and her family who systematically spent Marshall's life savings and sold her belongings without her knowledge, confining Marshall to a small room in her own home.

A delivery man for a local pharmacy determined something wasn't right when he dropped off her medications and alerted authorities.

Seniors are particularly susceptible to elder abuse and frauds, and regrettably, there is a great reluctance to disclose these types of incidents. —  Patricia Fleischmann, Toronto police vulnerable-persons coordinator

And earlier this week, we shared Bert Matthews' story.

Matthews claims he was tackled and restrained at a Vancouver Island hospital after he tried to leave. He went to the hospital fearing signs of a heart attack or stroke and was admitted, instead, to a psychiatric ward.

According to a poll commissioned by Bayshore HealthCare earlier this year, one in five Canadians visit their elderly loved ones just twice a year at most, citing distance and busyness as reasons for staying away.

With reports of elder abuse and neglect increasing across the nation, last month, British Columbia became the first Canadian province to appoint a seniors' advocate. Isobel Mackenzie vows to represent seniors, not the government, in her new role.   (Photo courtesy Reuters)

Connecticut Bill Dead!

Assisted suicide bill won't be voted on

[For a legal and policy analysis against the bill, please click here]

THE ASSOCIATED PRESS, March 25, 2014 - 7:32 pm EDT

http://www.therepublic.com/w/CT--Assisted-Suicide

HARTFORD, Connecticut — A bill that would allow Connecticut physicians to prescribe medication to help terminally ill patients end their lives won't be voted on during this year's legislative session, the co-chairman of the General Assembly's Public Health Committee said Tuesday.

Windham Rep. Susan Johnson said Tuesday there is not enough time to address various outstanding issues with the bill. This year's short legislative session ends May 7.

"We worked very hard on that bill and there's a lot of work left to do," Johnson said.

This marks the second year in a row that the Public Health Committee has held a public hearing on such legislation and committee members did not take a vote.

Johnson said the Judiciary Committee is better suited to tackle certain outstanding issues with the bill, such as determining a patient's competency, whether they're under any duress, and how they can be protected from people with criminal intentions.

"Those kinds of things need to be ironed out," she said.

Proponents vowed to return with another bill next year, when there will be a longer legislative session.

"I'm very sorry that we're not able to move the bill further this year," said Rep. Betsy Ritter, D-Waterford. "We heard from people who wanted it badly."

Ritter said she was pleased, however, by the attention paid to the issue this year, adding how "the discussion just exploded across the state." Tim Appleton, the state director of the advocacy group Compassion and Choices, said he expects support will grow more between now and next year's legislative session.

Opponents have questioned the level of support for the bill, claiming outside groups are pushing the issue in Connecticut. They've vowed to fight future bills.

"The collateral damage from legalizing assisted suicide — including massive elder abuse, the deadly mix with a cost-cutting health care system steering people to suicide, misdiagnosis and incorrect prognosis, suicide contagion, and disability discrimination in suicide prevention — is simply not fixable," said Stephen Mendelsohn, of Second Thoughts Connecticut.

New Swiss Study Misses the Obvious: Wealthy Older People May Have been Targeted for Their Money.

"How sharper than a serpent's tooth it is
To have a thankless child!"

- William Shakespeare
King Lear Act 1, Scene 4

Below is post from Medical Xpress, regarding a new study finding that people from wealthier areas are more likely to die from assisted suicide.  The post also says:  "Having children was associated with a lower risk of assisted suicide in younger people, although not in older people."  The "inheritance factor" is completely overlooked.

More educated people from wealthier areas, women, more likely to die from assisted suicide

http://medicalxpress.com/news/2014-02-people-wealthier-areas-women-die.html

Researchers in Switzerland, where assisted suicide is legal, have conducted a study – published online in the International Journal of Epidemiology today – that shows assisted suicide is more common in women, the divorced, those living alone, the more educated, those with no religious affiliation, and those from wealthier areas.

While euthanasia is prohibited in Switzerland, the penal code states that assisted suicide is legal if no selfish interests are involved. Assisted suicides in Switzerland involve volunteers working for "right-to-die" associations. The role of physicians is restricted to assessing the decisional capacity of the person requesting assistance and to prescribing the lethal drug. Notably, the person requesting assistance does not need to have a terminal illness.

In this study Professor Matthias Egger and colleagues at the University of Bern linked data from three right-to-die organisations to the Swiss national Cohort, a longitudinal study of mortality based on linkage of census and mortality records. The study followed those aged 25 to 94 from 1 January 2003 until their death, emigration, or the end of the study: a total of 5,004,403 people. Anonymous data on 1,301 cases of assisted suicide between 2003 and 2008 were provided by the three right-to-die organisations.

Study findings showed assisted suicide was more common in women than men, in people with secondary or tertiary rather than compulsory education, in those living alone, and in those with no religious affiliation. The rate was also higher in urban compared to rural areas, in wealthier neighbourhoods, and in the French rather than German or Italian speaking areas of the country. Having children was associated with a lower risk of assisted suicide in younger people, although not in older people.

In 84% of cases the death certificates listed at least one underlying cause of death. In the age group 25-64 years the majority had cancer ( 57%), followed by diseases of the nervous system (21%). Eleven individuals had a mood disorder listed as the first underlying cause, and three had another mental or behavioural disorder. For all causes, except Parkinson's disease, the percentage of assisted suicides was higher in women than men. In the 65-94 years age group, cancer was again the most common underlying cause (41%), followed by circulatory (15%) and diseases of the nervous system (11%). Thirty people had a mood disorder, and six had another mental or behavioural disorder.

Dr Egger says, "Our study is relevant to the debate on a possibly disproportionate number of assisted suicides among vulnerable groups. The higher rates among the better educated and those living in neighbourhoods of higher socio-economic standing does not support the 'slippery slope' argument but might reflect inequities in access to assisted suicide. On the other hand, we found a higher rate among people living alone and the divorced. Social isolation and loneliness are well known risk factors for non-assisted suicides and our results suggest that they may also play a role in assisted suicide. Also, the observation that women die more frequently by assisted suicide than men is potentially of concern. Interestingly, though, studies from the Netherlands and Oregon in the USA reported more men than women among assisted deaths."

16% of death certificates did not register an underlying cause. A previous study of suicides by two right-to-die organizations showed that 25% of those assisted had no fatal illness, instead citing "weariness of life" as a factor. In 2013 the European Court of Human Rights asked Switzerland to clarify whether and under what conditions individuals not suffering from terminal illnesses should have access to help in ending their lives, suggesting that Switzerland should more precisely regulate assisted dying.

Dr Egger says: "We believe that such new regulation should mandate the anonymous registration of assisted suicides in a dedicated database, including data on patient characteristics and underlying causes, so that suicides assisted by right-to-die associations can be monitored."

Explore further: Swiss groups fear study undercuts assisted suicide

More information: 'Suicide assisted by Right-to-Die Associations: Population based cohort study' by Nicole Steck, Christoph Junker, Maud Maessen, Thomas Reisch, Marcel Zwahelen, and Matthias Egger, International Journal of Epidemiology, DOI: 10.1093/ije/dyu010

Journal reference: International Journal of Epidemiology

Montana board forced to remove position statement. Help us make it permanent & overturn Baxter

For the last three years, Montanans Against Assisted Suicide (MAAS) has been an integral player in keeping assisted suicide from becoming legal in Montana.  Most recently, MAAS has been prosecuting a lawsuit against the Montana Board of Medical Examiners.  The suit has already caused the Board to remove a position statement implying that assisted suicide "may" be legal in Montana.

The lawsuit, however, has also been dismissed due to the Board's removal of the position statement.  See court order here.  If MAAS does not appeal by February 11, 2014 , there will be nothing to stop the Board from re-issuing its statement, or a worse statement, the very next day.  Appeal will also allow MAAS to challenge the Baxter decision, which proponents claim legalized assisted suicide in Montana.  A MTN News article describes the situation, as follows:

 [The] position paper - in response to the lawsuit - has since been rescinded by the Board and scrubbed from its website. But [MAAS's attorney, Margaret] Dore said court action was still needed to prevent the Board from reinstating such a position.

She repeatedly asked District Judge Mike Menahan to weigh in on a Montana Supreme Court ruling known as Baxter, that envisions potential defenses to doctors charged with homicide for assisting with suicide.

Sanjay Talwani, "Montana judge hears assisted suicide arguments," MTN News, December 11, 2013.

Problems with legal assisted suicide include that it encourages people with years to live, to throw away their lives.  Legalization also creates new opportunities for elder abuse, for example, when there is an inheritance involved.  In Oregon, legalization has enabled Oregon's Medicaid program to offer the "treatment" of suicide in lieu of desired treatments (to improve the quality of life, to extend life or to cure). 

For more information, please click here.

MAAS's attorney, Margaret Dore, who is also President of Choice is an Illusion, is donating her time. Choice is an Illusion has also provided financial support for the MAAS lawsuit.  Ongoing funds are, however, needed to pay for the rest of MAAS's legal team including the Charlton Law Firm and for out of pocket expenses such as transcripts, computer research and court fees.   We are asking for your support as your finances allow.  Any amount is appreciated.
                                                                                
Choice is an Illusion is proud to have been part of MAAS' victory to force this action by the Board.  Please donate directly to MAAS, or to Choice is an Illusion as set forth below:

Please make checks payable to: MAAS, 610 North 1st St. Suite 5-285, Hamilton, MT  59840, or to Choice is an Illusion, 1001 4^th Avenue, 44^th Floor, Seattle, WA 98154

Please donate online by clicking here or here.

Thank you for your support.