The Listen to Lawrence Letter: Which states recognize the MAID act?

DAVIDOWLAW Blog Post

Dear Clients and Friends,
Our conversation about the Medical Aid In Dying Act (MAID), (a/k/a “death with dignity law”) has sparked tremendous interest and awareness. As you may or may not know, New York does not have a MAID act at this time, although our legislature is currently discussing the issue.  Therefore, if someone here wanted to take advantage of such an Act they would have to look to the law of another state.
For your convenience, I have listed below the current (I think current) list of the status of each state. Not surprisingly, those states that have a MAID statute have a requirement that the law only pertains to their RESIDENTS. This begs the question then, as to how can you become a RESIDENT of the other state to take advantage of their law, as posed to me by one of my readers:
CLIENT QUESTION:
Are there residency requirements in the states recognizing the MAID act?
MY RESPONSE:
YES! Each state with a MAID law has a residency requirement, some easier and some harder to meet. I did not do the research at this time for all the states, but I can report on one case I know personally and on the law of our neighboring state, New Jersey.
I did know a person who took advantage of the California MAID law, whose residency requirement is met, among other ways, by evidence that the person owns or leases property in the state. What this person did was sign a one-year lease, traveled to California, and then ended her life. She was diagnosed with advanced congestive heart failure and was looking at a very uncomfortable death in the VERY near future.
Since New Jersey is so close, I looked up the law as to their residence requirement:
N.J. Stat. § 26:16-11
Current through L. 2021, c. 130.
Section 26:16-11 – Documentation of New Jersey residency
A request for medication pursuant to P.L.2019, c.59 (C.26:16-1 et al.) shall not be granted unless the qualified terminally ill patient has documented that individual’s New Jersey residency by furnishing to the attending physician a copy of one of the following:
a. a driver’s license or non-driver identification card issued by the New Jersey Motor Vehicle Commission;
b. proof that the person is registered to vote in New Jersey;
c. a New Jersey resident gross income tax return filed for the most recent tax year; or
d. any other government record that the attending physician reasonably believes to demonstrate the individual’s current residency in this State.
N.J.S. § 26:16-11
STATES WITH A DEATH WITH DIGNITY STATUTE
California
Colorado
District of Columbia
Hawaii
Maine
New Jersey
New Mexico
Oregon
Vermont
Washington
STATES WITH DEATH WITH DIGNITY LEGAL BY COURT DECISION
Montana
STATES CONSIDERING DEATH WITH DIGNITY THIS YEAR/SESSION
Arizona
Connecticut
Delaware
Indiana
Iowa
Kansas
Kentucky
Massachusetts
Minnesota
Nevada
New York
North Dakota
Pennsylvania
Rhode Island
STATES WITH NO ACTIVITY THIS YEAR/SESSION
Alabama
Alaska
Arkansas
Florida
Georgia
Idaho
Illinois
Louisiana
Maryland
Michigan
Mississippi
Missouri
Nebraska
New Hampshire
North Carolina
Ohio
Oklahoma
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
West Virginia
Wisconsin
Wyoming
I hope this helps! Please forward this information to your friends and relatives to share these informative answers to some very commonly asked questions.
And, if anyone you know would like to receive this
Listen to Lawrence Letter, just have them email me at
info@davidowlaw.com and I’ll add them to the list!
As always, please send me your questions. If you are thinking about it, others are probably too, so my answers will no doubt help you and many others.
Let’s stay connected.
Stay safe!
Until next time…
peace, health and happiness,
Lawrence Eric Davidow