Medical Aid in Dying: What Families Should Know

Where Medical Aid in Dying Is Legal

As of this writing, Medical Aid in Dying is authorized in the following U.S. jurisdictions. Laws in this area change — new states may adopt MAID legislation, and existing laws may be amended. Always verify current requirements with your physician and legal counsel.

General Eligibility Requirements

While specific requirements vary by state, the general eligibility criteria for Medical Aid in Dying are consistent across most jurisdictions.

• Terminal diagnosis

  A terminal illness with an approximate prognosis of six months or less to live, as determined by the attending and consulting physicians.

• Mental capacity

  The patient must have the mental capacity to make and communicate informed healthcare decisions. This is assessed by the physicians involved in the process.

• State residency

  Most states require the patient to be a resident of the state where they are requesting MAID. Residency requirements vary by jurisdiction.

• Age requirement

  The patient must be 18 years of age or older.

• Ability to self-administer

  The patient must be able to self-administer the prescribed medication. No physician, family member, or other person may administer it on the patient’s behalf.

The Typical Process

The MAID process involves multiple safeguards designed to ensure the decision is voluntary, informed, and deliberate. Here is what the process generally looks like.

1. 1

   First oral request

   The patient makes a first oral request to their attending physician expressing their wish to receive a prescription under the MAID law.

2. 2

   Waiting period

   A waiting period follows the first request — typically 15 days, though this varies by state. Some states have shortened or eliminated the waiting period in recent years.

3. 3

   Second oral request

   The patient makes a second oral request to their attending physician, confirming their decision after the waiting period.

4. 4

   Written request

   The patient submits a written request, signed in the presence of two witnesses. At least one witness must not be a family member, heir, or owner/operator of the healthcare facility where the patient is receiving treatment.

5. 5

   Consulting physician confirmation

   A second, consulting physician independently confirms the terminal diagnosis and verifies that the patient has the mental capacity to make an informed decision.

6. 6

   Prescription

   Once all requirements are met, the attending physician writes a prescription for the life-ending medication.

7. 7

   Self-administration

   The patient self-administers the medication at a time and place of their choosing. No one is required to be present, though many patients choose to have loved ones nearby. The patient may also choose not to take the medication at all — the prescription carries no obligation.

Resources and Organizations

These organizations provide detailed, state-specific information for patients and families exploring Medical Aid in Dying.

Important Considerations for Families

If someone in your family is considering Medical Aid in Dying, here are a few things that may help as you navigate the conversation together.

• Hospice and MAID are complementary

  Medical Aid in Dying and hospice care are not mutually exclusive. Many patients who pursue MAID are also enrolled in hospice, receiving comfort care and support throughout the process. Hospice teams can be an invaluable resource for both the patient and the family.

• Emotional support for the patient and family

  The decision to pursue MAID — and the period leading up to it — is emotionally significant for everyone involved. Many families benefit from counseling, support groups, or conversations with a chaplain or social worker. Hospice programs often provide these services as part of their care.

• Faith and cultural considerations

  Families come to this topic with a wide range of beliefs and values. Some faith traditions support a patient’s right to choose, while others do not. There is no single correct perspective. What matters most is that the patient and family have space to discuss their values openly and without judgment.

• The decision belongs to the patient

  Ultimately, the choice to request Medical Aid in Dying is the patient’s alone. Family members may have strong feelings — supportive, conflicted, or opposed — and all of those feelings are valid. The most helpful thing a family can do is listen, be present, and respect the patient’s autonomy.