As a guest speaker on KNX 1070’s Ron Kilgore radio show, Michael Fedalen discussed loopholes in the End of Life Option Act. There are many protective provisions in the Act, but the same rules put in place to protect people may actually make it difficult to prove that they have been coerced into changing their estate plans or even taking suicide drugs.
In order to combat elder abuse stemming from the Act, Mr. Fedalen suggests that preventative measures should be taken, such as making changes to the Probate Code as well as the Welfare and Institutions Code. Moreover, the Act should require a greater investigation into an individual’s circumstances before declaring them free of undue influence since it is possible for an individual to isolate the person seeking drugs while exerting undue influence without a doctor’s knowledge.
“What happens when there are two doctors who are ‘independent’ of one another, but who work together, and who hold strong personal beliefs in favor of allowing suicide? What if, for example, the previous 10 doctors all said no? There is nothing I see in the Act to prevent doctor-shopping,” said Mr. Fedalen. “More needs to be done in order to better protect individuals under the Act.”