Medical aid in dying is a form of care governed by strict rules. People who wish to receive it must make a free and informed request, in advance or otherwise.
"Contemporaneous" or "advance" demand
There are two ways to obtain medical aid in dying:
- To receive it in the near future, you can make a contemporaneous request.
- If you want to request it ahead of time, you must opt for an advance request.
The law changed on October 30, 2024. Some people who are ill can now make an advance request to consent to care. This means they will have access to medical aid in dying when they become incompetent.
Please note: even if a request is in due form, there is no guarantee that medical assistance in dying will be administered.
Advance request: what are the requirements?
To be eligible to make such a request, you must have been diagnosed with a serious and incurable illness, i.e. one that has no possibility of being cured. This illness (e.g. Alzheimer's or multiple sclerosis) must also result, in the medium to long term, in the person’s incapacity. This situation will prevent them from giving their consent to receive care in the future.
As in the case of a contemporaneous request, patients must make the advance request on their own behalf. They must do so in a free and informed manner, and must be:
- An adult;
- Able to consent to treatment;
- Insured within the meaning of the Health Insurance Act.
Advance medical directives can also be given by someone who, in the future, will no longer be able to consent to care themselves. However, these directives cannot be used to request medical assistance in dying.
For more details...
To find out how to submit an advance request, visit Quebec.ca.
For more information on contemporaneous demands, read our article titled End of life: understanding medical aid in dying.
An advance request can always be withdrawn or modified by the person concerned. The only condition is that the person must still be able to consent to care.
Do you have a problem?
Would you like to make an advance request for medical aid in dying, but aren’t receiving proper support from your healthcare institution? Are you dissatisfied with the way your request has been handled? Contact the service quality and complaints commissioner at the institution concerned.
To lodge a complaint against a physician, contact the Collège des médecins du Québec or the institution’s medical examiner.
Do you disagree with the commissioner's decision or have not heard back after 45 days? Contact the Protecteur du citoyen. Our services are free and confidential.
Also see:
End of life: understanding medical aid in dying
End of life: understanding palliative care
