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Estate Planning State Laws: Death with Dignity

This chart includes information about state laws related to death with dignity laws. Check back often, as this chart is updated frequently.

If you don't find what you're looking for, see our chart of state laws related to Remote Execution of Estate Planning DocumentsFuneral Designations, and Creating a Valid Will.

For more information, see our Estate Planning Materials & Resources, and our State-Specific Estate Planning Toolkit.

StateDeath with Dignity LawRequirementsRequest ProcedureWritten Request FormLegislative Activity
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIAEnd of Life Option Act (June 9, 2016)https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520162AB15 (legislation)• Be at least 18 years old and a resident of California • Have a terminal disease that is expected to result in death within 6 months (as determined by 2 physicians) • Have the capacity to make medical decisions • Documents request according to procedure • Has the physical and mental capacity to self-administer aid-in-dying medications• A patient must make 3 requests for the aid-in-dying medication directly to the attending physician • The requests should be 2 oral (at least 48 hours apart) and 1 written (on a special form with 2 witnesses).xhttps://www.mbc.ca.gov/Download/Forms/aid-in-dying-request.pdf
COLORADOColorado End-of-Life Options Act (December 16, 2016)https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=241371e1-8f22-455d-9772-1582c14eaab4&pdistocdocslideraccess=true&config=014FJAAyNGJkY2Y4Zi1mNjgyLTRkN2YtYmE4OS03NTYzNzYzOTg0OGEKAFBvZENhdGFsb2d592qv2Kywlf8caKqYROP5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A61P5-WW41-DYDC-J38W-00008-00&pdcomponentid=234177&pdtocnodeidentifier=AAZAALABFAAE&ecomp=g2vckkk&prid=e5d0193a-c965-47bf-9701-1bb47d4a4e32• Be 18 years or older and a resident of Colorado • Be terminally ill with a prognosis of six months or less to live (confirmed by 2 physicians) • Has mental capacity • Voluntarily expresses wish to receive prescription for medical aid-in-dying medication• A patient must make 2 oral requests (separated by at least 15 days) and 1 written request to the attending physician. • The written request must be signed and dated by the patient and witnessed by at least two individuals (at least one cannot be a relative) • The witness must attest, to the best of their knowledge, that the patient is mentally capable, acting voluntarily, and not being coercedxhttps://drive.google.com/file/d/18h_O3OfJchcfFSFHnKchAuRMdL2V9OOb/view
CONNECTICUT
DELAWARE
DISTRICT OF COLUMBIAThe D.C. Death with Dignity Act (February 18, 2017)https://dchealth.dc.gov/sites/default/files/dc/sites/doh/page_content/attachments/Death%20With%20Dignity%20Act.FINAL_.pdf• Be 18 years or older and a District of Columbia resident. • Be under the care of a physician • Have a terminal disease, which is expected to result in death within 6 months (confirmed by 2 physicians) • Must be acting voluntarily and be capable of making own healthcare decision • Can self-ingest the aid-in-dying medication• A patient must make 2 oral requests to the attending physician (separated by at least 15 calendar days) and; • Must make a written request before the second oral request and at least 48 hours before any medication is dispensed or prescribed. • A written request must witnessed by at least 2 individuals (only one of them can be a family member)xhttps://dchealth.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/Request%20for%20Medication%20to%20End%20My%20Life%20in%20a%20Humane%20Dignified%20Manner.03.14.18.pdf
FLORIDAPending legislationHouse Bill 561: End of Life Options was introduced in November 2023 and referred to committee for the 2024 sessionhttps://www.flsenate.gov/Session/Bill/2024/561/?Tab=BillHistory
GEORGIA
HAWAIIOur Care, Our Choice Act (effective 2019)https://www.capitol.hawaii.gov/sessions/session2023/bills/HB650_SD1_.HTM• Be 18 years or older and a Hawaii resident • Have a medically confirmed terminal illness with a prognosis of 6 months or less to live (as determined by 2 physicians) • Can make medical decisions for themselves and make the request voluntarily. • Can self-administer the drug.• A patient must make 2 oral requests directly to the attending physician (at least 5 days apart) and; • Must make a written request which is signed by the patient and two witnesses (only one of them can be a family member) • Must wait at least 48 hours after making the written request to receive the prescriptionxhttps://health.hawaii.gov/opppd/files/2018/12/Patient-Written-Request-for-Medication-eff.-1_1_19.pdf
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINEMaine Death with Dignity Act (March 19, 2019)https://legislature.maine.gov/legis/bills/bills_129th/chapters/PUBLIC271.asp• Be 18 years or older and a Maine resident. • Be diagnosed with a terminal disease that will lead to death within 6 months (Confirmed by attending and consulting physicians) • Be able to make an informed decision and voluntarily express the wish to die. • Can self-administer the medication.• A patient must make 2 oral requests (separated by at least 15 days) and 1 written request to the attending physician. • The written request must be signed and dated by the patient and witnessed by at least two individuals (only one of them can be a relative) at least 48 hours prior to the writing of the prescription for the drug.xhttps://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/vital-records/documents/pdf-files/Request-for-Medication-to-End-My-Life-in-a-Humane-and-Dignified-Manner-Form.pdf
MARYLAND
MASSACHUSETTS
MICHIGANPending legislationSenate Bill 681 was introduced in November 2023 and was referred to committeehttps://www.legislature.mi.gov/(S(3oyzxher042nbkpkb5yv2v5j))/mileg.aspx?page=getObject&objectName=2023-SB-0681
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANAEnd-of-life option legal through Baxter v. Montana (2009)https://law.justia.com/cases/montana/supreme-court/2009/50c59956-3100-468d-b397-4ab38f6eda4d.html• Be 18 years or older • Be terminally ill • Be mentally competent • Able to self-administer the medication. • Must voluntarily express a wish to receive a prescription for aid-in-dying medication• There is currently no legal framework to followThe ruling is regularly challenged in the Montana legislature, but no bills have been successful in overriding the state Supreme Court decision.
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEYMedical Aid in Dying for the Terminally Ill Act (MAID)https://pub.njleg.gov/bills/2018/PL19/59_.HTM• Be 18 years or older and a New Jersey resident. • Must be mentally capable of making and communicating health care decisions • Must be diagnosed with a terminal disease with a life expectancy of 6 months or less (confirmed by 2 physicians) • Can self-administer the medication. • Must voluntarily express a wish to receive a prescription for aid-in-dying medication• A patient must make 2 oral requests (separated by at least 15 days) and 1 written request to the attending physician (at least 48 hours prior to writing the prescription for the drug). • The written request must be signed and dated by the patient and witnessed by at least two people (only one of them can be a relative).xhttps://medex.nj.gov/forms/MAID/patient_request_medication.pdf?_gl=1*1ap9xkw*_ga*MTM0MzI2NjE3NC4xNjk4ODc1Mjgz*_ga_5PWJJG6642*MTcwMTQ2Nzk4OS4xLjEuMTcwMTQ2ODMxNy4wLjAuMA..
NEW MEXICOElizabeth Whitefield End-of-Life Options Acthttps://nmonesource.com/nmos/nmsa/en/item/4384/index.do#a7C• Be 18 years or older and a resident of New Mexico • Be terminally ill with a prognosis of six months or less to live (confirmed by 2 physicians) • Must voluntarily make the request and have the capacity to understand and appreciate health care options • Can self-administer the aid-in-dying drug• A patient must make a written request which is signed by the patient and two witnesses (only one can be a relative) at least 48 hours prior to administering the drug.xhttps://endoflifeoptionsnm.org/wp-content/uploads/2021/07/REQUEST-FOR-MEDICATION-TO-END-MY-LIFE.pdf
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGONDeath with Dignity Act (1994)https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/EVALUATIONRESEARCH/DEATHWITHDIGNITYACT/Pages/ors.aspx• Be 18 years or older • Be terminally ill with a prognosis of six months or less to live (confirmed by 2 physicians) • Must be acting voluntarily and capable of making and communicating health care decisions for him/herself• A patient must make 2 oral requests (separated by at least 15 days) and 1 written request to the attending physician. • The written request must be signed and dated by the patient and witnessed by at least two people (only one of them can be a relative), and submitted at least 48 hours before the writing of the prescription for the drug.xhttps://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/EVALUATIONRESEARCH/DEATHWITHDIGNITYACT/Documents/pt-req.pdf
PENNSYLVANIAPending legislationBills have been introduced in the House and the Senate. HB543 was referred to committee in March 2023 and SB816 was referred to committee in June 2023https://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2023&sInd=0&body=H&type=B&bn=543\
*PUERTO RICO
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONTAct 39, Vermont Patient Choice and Control at the End of Life Act (May 2013)https://legislature.vermont.gov/statutes/fullchapter/18/113• Be 18 years or older • Be terminally ill with a prognosis of six months or less to live (confirmed by 2 physicians) • Must be informed, requesting voluntarily and capable • Can self-administer the aid-in-dying drug• A patient must make 2 oral requests (separated by at least 15 days) and 1 written request to the attending physician. • The written request must be signed and dated by the patient and witnessed by at least two people (both of them cannot be an interested person)xhttps://www.healthvermont.gov/sites/default/files/documents/2016/11/End_of_Life_Choice_patient_medication_request_form.pdf
VIRGINIA
WASHINGTONThe Washington Death with Dignity Act (March 5, 2009)https://app.leg.wa.gov/rcw/default.aspx?cite=70.245&full=true• Be 18 years or older and a resident of Washington • Be terminally ill with a prognosis of six months or less to live (confirmed by 2 physicians) • Must be informed, acting voluntarily and competent • Can self-administer the aid-in-dying drug• A patient must make 2 oral requests and a written requests to the attending physician. • Oral requests should be separated by at least 7 days • The written request must be signed and dated by the patient and witnessed by at least two people (only one can be a relative), and submitted at least 48 hours prior to the writing of the prescription.xhttps://doh.wa.gov/sites/default/files/2023-06/422-063-RequestMedicationEndMyLifeHumaneDignifiedManner2023.pdf
WEST VIRGINIA
WISCONSIN
WYOMING
GUAM
last updated12/23