What must be shown for a person to be considered capable of requesting voluntary assisted dying?

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For a person to be considered capable of requesting voluntary assisted dying, it is essential that they demonstrate full capacity. This means the individual must have the ability to understand the information that is relevant to the decision about accessing voluntary assisted dying, appreciate the potential consequences of that decision, and communicate their choice. Full capacity involves cognitive processes that allow the person to engage meaningfully in the decision-making process regarding their own life and health care options.

Other factors, such as residency in Queensland or the presence of a chronic illness, do not inherently address the individual's cognitive ability to make such a profound choice. Moreover, having a severe mental health condition may impair decision-making capacity rather than ensure it. Thus, the requirement for full capacity is crucial in establishing that the individual can make a voluntary and informed request for assisted dying. This emphasizes the importance of safeguards in the legislation to protect vulnerable individuals and ensure that the decision is made with clarity and understanding.

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