Can My Attorney Help Me To Die?

What happens if you instruct your attorney to assist your suicide in your Lasting Power of Attorney?

In this case, the Public Guardian made nine applications to the Court of Protection because he had received nine Lasting Powers of Attorney with provisions relating to euthanasia or assisted suicide. Some of the LPAs appeared to have "instructions" about euthanasia or assisted suicide while others expressed those thoughts as "preferences". As many of these cases arise every year, the Public Guardian was looking for guidance from the Court about whether these provisions were lawful.

Section 62 of the Mental Capacity Act confirms that nothing in the Act affects the law relating to murder or manslaughter or the operation of Section 2 of the Suicide Act 1961 (which deals with assisting suicide). A person commits an offence under Section 2 of the Suicide Act if they do an act capable of encouraging or assisting the suicide or attempted suicide or another person and that