Abstract

Mandatory Mental Capacity Evaluations for Patients Requesting Medical Aid in Dying: Are they Necessary?

Brian Goodyear*

Medical aid in dying is now legally authorized in 11 jurisdictions within the United States of America. The State of Hawaii is the only jurisdiction in which mental capacity evaluations are mandatory for all patients who request medical aid in dying. Previous research and the results of the author’s evaluations of 161 patients who requested medical aid in dying in the State of Hawaii between January 2019 and December 2023 support, the conclusion, that mental capacity evaluations should not be legally mandated for all patients who request medical aid in dying.

Published Date: 2024-01-25; Received Date: 2023-12-26