Sorry it took so long to post this follow-up to my previous discussion of the subject. My thoughts are still somewhat all over the place on euthanasia. But here I go anyway.
Assisted Suicide
Implementation of legalized euthanasia is no easy task. What grounds for euthanasia are permissible? Who is capable of making the decision?The easiest area to deal with (aside from passive euthanasia) is when a person decides for himself or herself to end his or her own life. But I think we all agree that suicide is more often than not a bad choice. There should be safeguards to prevent using legalized euthanasia to act out the suicidal choice of someone who is mentally unstable. Here is one process that I envision for ensuring responsible assisted suicide:
1. The person must file a petition with a court of law.
2. Interested parties must be given notice. These would include:
a. Close relatives, named in the will or otherwise, if any
b. Dependents, if any
c. Spouse, if any
d. Anyone else who would have standing to challenge the will
3. The court would appoint a psychiatrist
4. An informal trial would be held on the issue of mental capacity to choose euthanasia, as well as whether the grounds for choosing euthanasia are acceptable.
Another advantage of this system is that any challenges to the will could be litigated with the testator present to give evidence. The most important issue is often the intent of the testator, and who would be better to give evidence on that issue?
But should any grounds be acceptable? Depression by itself I think would not be enough. I think anyone amenable to legalized euthanasia would agree that painful terminal illness would be sufficient grounds. Should we otherwise limit it?
Nursing homes can cost a lot of money—about $70,000 a year. Many people, when forced into nursing homes, will first convey most or all of their property to relatives so the nursing home can’t seize all of their assets to pay for care. This makes them wards of the state. It’s quite natural, I think, for people to want to pass on their assets to their loved ones, and to keep it out of the grubby hands of the care providers. Should you be able to end your life simply to avoid these massive expenses?
What about the early onset of Alzheimer’s or some other disease? Personally, if I was diagnosed with a disease that will destroy my mental capacity, I think I would want to end it all. Paralysis is a similar situation. Many people go on from paralysis to lead very fulfilling lives, but many others simply sink into a deep depression from which they never recover. I think assisted suicide should be available in these circumstances, although if I was a legislator I may require a waiting period after onset of paralysis or some other diseases.
But these questions are relatively easy to answer. What about involuntary euthanasia?
Involuntary Euthanasia
I limit this part of the discussion to “active” euthanasia, the administering of lethal treatment rather than the denial of life-saving measures.Should active, involuntary euthanasia ever be permissible? I established in the previous discussion on this subject that the impossibility of leading a happy life is the basic premise behind the support for euthanasia. But many people that are incapable of leading a happy life are also incapable of choosing to end that life. Examples include people in the later stages of Alzheimer’s disease. They are very expensive (and mentally taxing) to care for, and are certainly unhappy and confused a majority of the time. Perhaps the severely retarded would also qualify, as well as possibly some others.
But the question here is, who gets to decide? We naturally loathe letting some people decide. A very rich man with Alzheimer’s may be at the mercy of the people named in his will or who would receive property through intestacy statutes. At the same time, however, those who stand to gain nothing also likely don’t know what the wishes of the person would be. And we certainly don’t want the government to decide, especially when the person’s life at issue is a life supported by the government’s treasury. Most people could handle these issues in a living will, and I think that’s probably the best option. But then there are still countless others who can’t decide for themselves. Can we trust the parents of a severely retarded child to make the right choice? Most such parents love their children without regard to any mental or physical defect. But what about the others? And when you get into this area, I think you are getting dangerously close to the issue of abortion.
