The cost of assisted dying in the UK could mean it ends up being only be for the wealthy, a specialist lawyer has told Sky News.
MPs voted the assisted dying bill through its second stage last month, meaning the UK is closer to allowing people to end their own lives legally.
The bill stipulates people will have to have been given six months or less to live, must have two doctors saying they are eligible and a High Court judge would have to make a final decision.
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Lawyer Alexa Payet, who has represented the families of British people who have chosen assisted dying overseas, told Sky News the costs could run into “tens of thousands of pounds”.
She also said because the scope of the bill is so narrow, people who are terminally ill but have longer to live will still choose to go overseas to die.
“Nothing about legal procedure has been set out in the bill yet but I can imagine the process could be tens of thousands of pounds,” she said.
“That begs the question as to whether any funding will be made available.”
Chancellor Rachel Reeve this week refused to say if assisted dying would be made free under the NHS, ahead of a committee of MPs being formed on Wednesday to scrutinise the bill and propose amendments.
Ms Payet, partner in the disputed wills and estates team at Michaelmores LLP, has successfully fought for the families of British people who have gone to places like Dignitas in Switzerland.
As assisted dying is currently a criminal offence, British people who help someone to die at an overseas clinic are can commit a crime which means they are not allowed to benefit from the proceeds from wills or shared assets.
Helping could entail filling out the Dignitas form or organising transport.
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Ms Payet has worked on, among many others, two cases that have become case law, which has allowed judges to dismiss other cases – but people still have to go through a criminal investigation before.
She said the cost of lawyers to get a High Court judge to approve the application would be considerable.
Then there would be the legal costs family members might need for helping the person to die, because the Suicide Act may still apply so anybody encouraging or assisting suicide would be criminally liable.
They would then need to pay for lawyers to fight for their right to claim inheritance.
Lawyer Alexa Payet, who specialises in relief against forfeiture, warned the cost of assisted dying could be very high. Pic: Michaelmores LLP
Ms Payet said: “Any family members who provide any form of assistance getting them to that stage of assisted death, they don’t seem to be covered by this bill as drafted.
“I think there’s a question mark over what would happen with those individuals, both from the criminal aspect, but also from the forfeiture.
“It seems to me that the law, as it stands, may apply to those people, and that’s something else that should be given some consideration.”
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She added there has been no mention of whether legal aid would be available, but said many people would not be eligible yet still could not afford the legal fees.
“This bill is incredibly narrow,” she said.
“Anecdotally, most of the people that go off to Dignitas are not people that fit this category of the terminally ill with six months or less to die.
“So, even if that bill was passed, it’s not going to affect the large majority of people who are currently taking steps to obtain an assisted death.
“Those people are presumably still going to go off to these overseas clinics which cost around £10,000 to £15,000 but then there’s also the associated costs like travel, with some people needing an air ambulance.”
