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Thread: Nova Scotia woman trying to stop husband from medically assisted death

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    Nova Scotia woman trying to stop husband from medically assisted death

    A Nova Scotia Court of Appeal judge has denied a request to shelve a lower court decision that effectively allows a man to go ahead with a medically assisted death, in spite of his wife's efforts to stop him.

    The 83-year-old man from Bridgewater, N.S., was assessed by physicians and approved for medical assistance in dying (MAID) earlier this year, but his wife, Katherine, 82, filed for an injunction with the Supreme Court of Nova Scotia, forcing him to cancel his plans.

    While X says he's suffering and near the end of his life because of advancedchronic obstructive pulmonary disease (COPD), his wife says his wish to die is not based on physical illness, but anxiety and mental delusions. She has also expressed a moral opposition to MAID....

    Jocelyn Downie, a Dalhousie University law professor who has been a member of multiple expert panels on MAID, said she felt "relief and gratitude" for the detailed decision Van den Eynden delivered.

    "I think for everybody who's looking at this case as a precedent and trying to see what kinds of approaches are the courts going to take to these kinds of efforts to interfere with access to MAID ... it's very useful for everybody to understand the lay of the land," Downie said in an interview. While a decision in the Nova Scotia Court of Appeal would not have binding authority on any courts outside the province, Downie said the decision could still set a "persuasive" precedent for other Canadian courts.
    Nova Scotia woman trying to stop husband from medically assisted death, denied stay motion - CBC


    I opted to place this in here because it seems more of an ethical and philosophical discussion. Let's try to have a civil discussion. Please read the article.

    Under Canadian law (legislation stemming from a Supreme Court ruling based on Constitution), medically assisted in dying (MAID) is the man's constitutional right. He expressed it. His wife is saying she is morally opposed and fighting to keep him from being able to do it. The longer she fights, the more he loses his cognitive functions and it reduces his ability to make an informed decision. It seems he has COPD and made the decision prior to a decline in cognitive function? Seems unclear.

    That bothers me because she is his spouse and I would think she should respect his wishes, regardless of what her morals are - it's his death, his body, and his decision.
    FYIWDWYTM

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    stephenpe (09-10-2020)

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    Lummy's Avatar Senior Member
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    No comment. Prohibition against suicide is written by jews.

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    What I would do and what I would advise others do are probably two different things. It's his call. Let him do what he feels he should -- what he thinks is right. God is understanding, judicious, and forgiving. God will square it. I'd say answer to God, not to anyone else.

    Wouldn't you agree? Adelaide?
    Last edited by Lummy; 09-09-2020 at 10:57 PM.

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    stephenpe (09-10-2020)

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    carolina73's Avatar Senior Member
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    I think many ties it is more about what the survivor thinks people will think of him or her. It also can nullify life insurance policies if they still exist a later age.

    I also have seen people not incinerate spouses per their wishes and bury them instead. Then the grave goes un-visited anyways.

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    Quote Originally Posted by Adelaide View Post
    Nova Scotia woman trying to stop husband from medically assisted death, denied stay motion - CBC


    I opted to place this in here because it seems more of an ethical and philosophical discussion. Let's try to have a civil discussion. Please read the article.

    Under Canadian law (legislation stemming from a Supreme Court ruling based on Constitution), medically assisted in dying (MAID) is the man's constitutional right. He expressed it. His wife is saying she is morally opposed and fighting to keep him from being able to do it. The longer she fights, the more he loses his cognitive functions and it reduces his ability to make an informed decision. It seems he has COPD and made the decision prior to a decline in cognitive function? Seems unclear.

    That bothers me because she is his spouse and I would think she should respect his wishes, regardless of what her morals are - it's his death, his body, and his decision.

    I guess she's fighting for what she thinks is right. Maybe she can't stand the thought of life without him, even though it's not much of a life for him right now. Eventually, they'll both die, so I guess time is--once again--the solution to everything.
    ""A government which robs Peter to pay Paul can always depend on the support of Paul" ~George Bernard Shaw

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    Quote Originally Posted by Adelaide View Post
    Nova Scotia woman trying to stop husband from medically assisted death, denied stay motion - CBC


    I opted to place this in here because it seems more of an ethical and philosophical discussion. Let's try to have a civil discussion. Please read the article.

    Under Canadian law (legislation stemming from a Supreme Court ruling based on Constitution), medically assisted in dying (MAID) is the man's constitutional right. He expressed it. His wife is saying she is morally opposed and fighting to keep him from being able to do it. The longer she fights, the more he loses his cognitive functions and it reduces his ability to make an informed decision. It seems he has COPD and made the decision prior to a decline in cognitive function? Seems unclear.

    That bothers me because she is his spouse and I would think she should respect his wishes, regardless of what her morals are - it's his death, his body, and his decision.
    I have mixed feelings about medically assisted death. I was firmly against it until I watched my mom's end. My main problem is that many times family members will encourage it to get an estate that has not been depleted by medical bills.
    ΜOΛΩΝ ΛΑΒΕ


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    Quote Originally Posted by carolina73 View Post
    I think many ties it is more about what the survivor thinks people will think of him or her. It also can nullify life insurance policies if they still exist a later age.

    I also have seen people not incinerate spouses per their wishes and bury them instead. Then the grave goes un-visited anyways.
    Good point on insurance. I wonder how these medically assisted suicide laws interact with insurance.

    All of my policies (except maybe 1) do cover suicide- so long as you don't off yourself within like 90 days of buying the policy.
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    Quote Originally Posted by FindersKeepers View Post
    I guess she's fighting for what she thinks is right. Maybe she can't stand the thought of life without him, even though it's not much of a life for him right now. Eventually, they'll both die, so I guess time is--once again--the solution to everything.
    I do not think she has bad intentions, but I guess I would hope that if I made my wishes clear on something that my loved ones would follow through.
    FYIWDWYTM

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    Quote Originally Posted by Adelaide View Post
    I do not think she has bad intentions, but I guess I would hope that if I made my wishes clear on something that my loved ones would follow through.

    That's all we can hope for.

    I've heard stories where one spouse actually killed the other because the other "asked them to do so." Medically assisted death is one thing, but asking a spouse to do it might cross the line.

    Or, does it?
    ""A government which robs Peter to pay Paul can always depend on the support of Paul" ~George Bernard Shaw

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    The MAID thing sounds pretty vague to me. How do we know that the wife isnt right and that he has anxiety and delusions? Can we really trust the physicians?

    • have a serious and incurable illness, disease or disability;
    • be in an advanced state of decline in capability that cannot be reversed;
    • be enduring physical or psychological suffering from the illness, disease or disability that is intolerable to him or her and that cannot be relieved under conditions that he or she considers acceptable; and
    • be at a point where his or her natural death has become reasonably foreseeable, taking into account all of his or her medical circumstances.
    https://rosensunshine.com/requiremen...istance-dying/

    What exactly is reasonably foreseeable anyway? Is the guy going to die within 6-12 months? This article on end of life COPD recommends that end of life decisions for COPD should not be made until it can be estimated that the patient has only 6-12 months to live.

    When indicators allow identification of a patient with COPD and an estimated survival of less than 6–12 months, it is recommended to plan end-of-life decisions.
    https://breathe.ersjournals.com/content/13/4/e84

    Reasonably foreseeable could mean anything and do these Canadian physicians really care? How many Canadian physicians are involved in a decision like this? Even the Nazi got two doctors to sign off on the 'mercy killings' of a patient that was not considered to be worthy of life. Is the patient psychoanalysed to check if their decision has been made with a sound mind? If not then is Canada really any better than the Nazis? How do we know his wife isnt right about his mental state and ability to give informed consent for the mercy killing? Could his wife find a mental health professional that would agree with her? I bet she could. I also bet she could find a physician that would give the guy more than 12 months to live and not agree that his end could not be reasonably foreseen. Even the Nazi got two doctors to sign off on the euthanasia of a patient that was not considered worthy of life. Are there really enough checks and balances being made in Canada in relation to this MAID stuff? It cannot be as simple as "his death, his body, and his decision."

    edit - Just because a physician wears a white coat doesnt mean we should trust them. Did Nazi physicians wear white coats?

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