There are various categories of euthanasia. The most controversial form of euthanasia in New Zealand is Voluntary Euthanasia. Voluntary Euthanasia is defined as the conscious cessation of someone’s life with that particular individual’s expressed and informed consent. Within Voluntary Euthanasia, there are two further categories: Passive Voluntary Euthanasia and Active Voluntary Euthanasia. Passive Voluntary Euthanasia is where a person consciously refuses life prolonging treatment and his/her request is granted. Active Voluntary Euthanasia is where a person consciously requests to be given a lethal injection or something similar which induces death.

You are right in saying that some form of euthanasia is legal in New Zealand. Passive Voluntary Euthanasia is considered lawful in New Zealand. Section 11 of the New Zealand Bill of Rights Act 1990 states that everybody has a right to refuse medical treatment. This right to refuse medical treatment has been further codified under Right 7(7) of the Code of Health and Disability Services Consumers’ Rights. Subsequently, a patient can by right refuse a life saving medical treatment even if the consequence of this refusal would lead to death. Although Passive Voluntary Euthanasia is legal in New Zealand, Active Voluntary Euthanasia on the other hand remains illegal.

Section 179 of the Crimes Act 1961 stipulates that “Every one is liable to imprisonment for a term not exceeding 14 years who incites, counsels or procures any person to commit suicide, if that person commits or attempts to commit suicide in consequence thereof; or aids or abets any person in the commission of suicide.” In other words, assisting someone to die by administrating life terminating drugs or an injection is classified as a crime punishable by imprisonment. There have been several attempts to legalise Active Voluntary Euthanasia. The latest took place on 6 March 2003 where the Death with Dignity Bill was introduced into Parliament. The Bill was however defeated on 30 July 2003 with MPs voting 60 to 58 against the Bill. At the time of this article, there have been no reports that the issue will be brought before Parliament anytime soon.

As you are the Attorney for your parents relating to their personal care and welfare, you have the power to make legal decisions regarding their personal care and welfare but only in the event they become mentally incapacitated.

Your parents would be classified as mentally incapacitated if they are unable to make or understand a decision regarding their personal care and welfare or communicate their wishes. Mental Capacity is determined at the time when the decision has to be made. Please note that you cannot make any decision classified as a significant matter relating to your parents’ personal care and welfare unless a relevant medical practitioner or the Family Court has certified or determined that your parents are mentally incapacitated. What construes as a significant matter is something that would have a major impact on your parents’ health, wellbeing and enjoyment of life. Examples of a significant matter include entering into residential care or undergoing a major medical procedure.

The scope of your power as Attorney is set out in the Enduring Powers of Attorney document itself. If the document gives you a general power to act, the law still places certain restrictions on your power. For example as an Attorney you cannot make decisions relating to marriage, civil union or the adoption of children on behalf of your parents. The law also states that as an Attorney, you cannot refuse any medical treatment intended to save your parents’ lives or any medical treatment which will prevent serious damage to their health. You are also unable to consent on behalf of your parents to certain medical procedures such as brain surgery, electroconvulsive treatment or medical experiments.

If your parents have certain wishes, for example they do not want to undergo certain life saving procedures, they could arrange for an advance directive to be made. An advance directive is a written or oral directive by which your parents make a choice about a possible future health care procedure. This directive is only intended to be effective when he or she is not competent. Naturally it is best for the advance directive to be written.

The Enduring Power of Attorney for Personal Care and Welfare does not give you the power to practice Passive Voluntary Euthanasia for your parents as the Protection of Personal and Property Rights Act 1988 requires an Attorney’s paramount consideration for the “promotion and protection of the welfare and the best interests of the donor”. It is probably pushing the definition of those words to suggest that they allow the refusal of life prolonging treatment. We suggest if your parents wish to make certain decisions about a possible future health care procedure that they make these decisions known to their doctor and have these decisions recorded in writing.