Recommendation 12

Throughout our inquiry into AD/AS, the importance of safeguards and protections, and the question of whether they can be sufficient, has been a central feature, as has the related question of assessing capacity. Hearing from various representatives of healthcare professionals, as well as from healthcare professionals directly, it is clear that there is hesitation around whether it is possible to accurately assess capacity, Assisted Dying/Assisted Suicide 97 and safeguard the person, in every case. On the other hand, some people we have heard from argue that there is a similar risk under the current law in assessing capacity and safeguarding people who opt to cease treatment, or to accept end-of- life care, including palliative sedation. (Paragraph 211) Palliative and End of Life Care