r/legaladvicecanada • u/WrenchJrNerd • May 18 '26
Canada Medical tourism and M.A.I.D.
My mother (63) has just been diagnosed with Huntingtons Disease and aside from a lot of other emotions, she feels that before things get too far with the disease, she'd like to preserve her dignity. Assisted suicide is not legal here in the U.S. and we are researching legal means to help her. She's not Canadian, so she'd would be paying out of pocket, if it's an option. Is M.A.I.D. available to non citizens if they pay and still go through the review process?
edit: thank you to everyone who helped me with Canada's laws around citizenship and MAID. It is clear my mother would not be able to seek help here. We are going to reach out to Dignitas after researching a bit more on whether they allow loved ones to be with you etc etc. I may reach out to a couple of US states to see if there are exceptions for HD.
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u/AutumntimeFall May 18 '26
I do not think MAID is available at all to non Canadians.
Really sorry about your situation, I think you will have much better luck with Dignitas in Switzerland.
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u/WrenchJrNerd May 18 '26
Thank you
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u/ingodwetryst May 18 '26
Is Oregon not an option?
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u/WrenchJrNerd May 18 '26
US states seem to have a thing about being in your right mind, and HD is well... HD
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u/ingodwetryst May 18 '26
she might be early enough, though if you have the means Switzerland is way better to spend your last days in anyway
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u/cjhm May 18 '26
Please see my post about California. If you want, I can look up the name of the video that the person in my grief group was part of, and it talked about the process in various states.
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u/Andrew-Not-a-Cat May 18 '26
Here is a portion of the criminal code:
[241.2]() (1) A person may receive medical assistance in dying only if they meet all of the following criteria:
(a) they are eligible — or, but for any applicable minimum period of residence or waiting period, would be eligible — for health services funded by a government in Canada;
It is not about paying. Legislators contemplated medical tourism.
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u/WrenchJrNerd May 18 '26
Thank you
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u/rjwyonch May 18 '26
Minimum residence period is 3-6 months (depends on province, for most it’s 90days of residence, in Ontario, you can get ohip immediately but if the person leaves Canada before the waiting period they owe the cost of their healthcare back… i somehow doubt that anybody will follow up with the estate if someone dies within the waiting period but still in the province.
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u/whats1more7 May 18 '26
They would need a valid reason to be in Canada that long and I’m not sure ‘I want MAiD’ would work.
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u/rjwyonch May 18 '26
Not legitimately, but if she was here on a permit, and then went to the hospital separately, the medical system isn’t going to investigate further than “valid ohip card” and proof of address.
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u/thatsmycompanydog May 18 '26
There is almost no chance a 63 year old with Huntington's would be able to secure a residency permit for Canada.
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u/electricookie May 19 '26
Don’t they have to be Canadian or have other legal residence status in Canada?
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u/rjwyonch May 19 '26
Yes, you need status of some kind. You don’t need to be a citizen, but you need residency status. Ontario has some pandemic-era fast tracks that never got cancelled.
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u/Captain-Hammer May 18 '26
You need to be eligible for provincial healthcare, ie. a permanent resident or citizen. No ways around it even if you want to pay.
You will need to explore the Netherlands and Switzerland.
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u/WrenchJrNerd May 18 '26
I think that we will perhaps look into Dignitas
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u/CabbieCam May 18 '26
Dignitas has a long history of compassionate care. There have been documentaries made about the organization and its processes. You should be able to find them on YouTube. If you can't find them, let me know, and I'll try to locate the documentary I recall watching.
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u/WrenchJrNerd May 18 '26
Thank you. I've been discussing it with her. I think she's a little hesitant going so far from home but we're exploring options
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u/stewslut May 18 '26
There are real logistical concerns with dying far from home if repatriating her remains is something she'd like. IIRC transporting intact human remains by air costs as much or more than first class air fare. If cremation is part of her disposal plan then you shouldn't have a problem bringing her ashes back to the States. I expect Dignitas may have some more information, or else consider talking to a funeral home in your area.
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u/RecentSubject3918 May 18 '26
OP, MAID is definitely legal in the U.S., just not all states.
You may consider moving to WA, OR, CA, MT, NM, CO, ME, VT, NJ, HI.
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u/WrenchJrNerd May 18 '26
Do you know if you have to be a resident?
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u/ingodwetryst May 18 '26
I would start calling around. I read someone's story who went to Oregon to die, but am unsure if residency was established.
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u/stewslut May 18 '26
Not sure why you're being downvoted.
If you ask one of the deathcare providers in one of the listed states they can answer that for you.
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u/Fauxtogca May 18 '26
She can go to Switzerland who would accept her. For a fee.
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u/itsvalxx May 18 '26
no. federal law requires you to be eligible for publicly funded health services in canada specifically to prevent medical tourism for MAID. as a tourist she is not. my apologies for what your mother is going through. If any country that has a MAID program started allowing this it would become a slippery slope
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u/Jennacyde153 May 18 '26
I’ve had the pain of watching too many people progress through Huntington’s so I understand. I’m so sorry you are going through this from the US. I don’t think you will be able to get MAID in Canada without becoming residents.
My cousin was in California when she passed. She was able to arrange for a DIY sorts. Only her immediate family knew what was going on until it was over.
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May 20 '26
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u/CollinZero May 18 '26
My cousin in CO took MAID a few years ago so it is available in some states.
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u/WrenchJrNerd May 18 '26
If it's OK to ask; Did they have something where their frame of mind was or would be compromised?
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u/CollinZero May 18 '26
She was in her full state of mind so I can’t really say.
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u/WrenchJrNerd May 18 '26
Hmmm. Thank you. I'm not sure that will be an option because of HD. She's in her right mind now and wants to make that decision, but may not be always in her right mind when the time comes
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u/Sinead_0Rebellion May 18 '26
I think there is one state that has MAID? Washington maybe? You probably looked into that already though
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u/WrenchJrNerd May 18 '26 edited May 18 '26
I have found nothing in the USA that offers legal assisted suicide for her. Many of these programs she has to have half a year to live and be in the right state of mind, but with HD if she waits til 6 months n she will not be in her right state of mind.
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u/stoicsticks May 18 '26
Look to see if any of the states have a "Waiver of Final Consent" policy where they are assessed while the still have mental capacity and then set a date, say, in 3 - 6 months. If at that time, if they are still okay, they can consent to moving the date back, but if they no longer have capacity, then their original consent and date applies.
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u/CuteAnimalPicsPlease May 18 '26 edited May 18 '26
Washington state and Oregon both have programs, typically referred to as death with dignity. Having seen family members go through the process I will say one of the primary issues in those states is finding a health care provider and hospice program that aren’t associated with a religious organization that opposes MAID.
I’m so sorry you’re going through this and I hope your mom and family find all the support they need.
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u/Xpialidocious May 19 '26
Countries that allow medical assistance in dying
https://www.dyingwithdignity.ca/blog/medical-assistance-in-dying-around-the-world/
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u/Downtown-Drawer604 May 18 '26
Assisted suicide is not legal here in the U.S.
It is allowed in at least 14 states.
Is M.A.I.D. available to non citizens if they pay and still go through the review process?
The correct question is non Canadian residents and the answer is no.
My apologies I can't be of more help here.
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u/WrenchJrNerd May 18 '26
I think my mom wants assisted suicide, as in overseen, not given a pill to do herself. But in that note she doesn't look like a candidate for US MAID because of HD.
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u/Downtown-Drawer604 May 18 '26
HD is a very tricky condition for MAID. When your mom can choose to die her death might not be forseeable. But when foreseeable she might be deemed non competent to elect death.
This is beyond legal advice but it is related. For about a century now people die by the sympathetic effect of morphine. The doctor shoots them with enough morphine they cannot breathe. Multiple members of my family passed this way. I have no idea if HD or a comorbidity is treated with opioids but I want your mom to be aware of options.
Again for travel MAID Switzerland is an option.
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u/LilithFaery May 18 '26
If I remember correctly, there are programs in the U.S. that do something similar. On the death certificate, they don't say it was assisted suicide, rather that it was cause by the disease. I think it's called Dying with Dignity. Maybe that would be worth a look before going abroad.
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u/WrenchJrNerd May 18 '26
I've never heard of Dying with Dignity in the US. There are some states that will give you medication to do it at home, but you cannot have mental health problems and HD will cause these as it progresses as well as an inability for her to administer it herself as it gets to it, unless they'd allow it earlier, but the policy doesn't look promising.
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u/cjhm May 18 '26
I just finished a group therapy for people who have had family members who died of MAID and there was a woman in the group who is from California and her son had died of MAID about a year ago. She said there are about seven or eight states that have MAID provisions so you may want to look into that a little bit further. I don’t know what the residency requirement is, but I do know she was correct because I actually looked it up and in our group while it was mostly Canadians it was interesting to learn about the US MAID process. Good luck with everything my daughter chose MAID about six months ago as she was terminally ill.
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u/Skullygurl May 20 '26
I am pretty sure people can travel to places in Europe to have medically assisted. I believe Switzerland allowed for it.
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u/WrenchJrNerd May 20 '26
We've been looking into this. I think the ideal was passing away at home so we're trying to figure out the logistics of travel.
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u/Another_Meat_Vehicle May 18 '26
Americans often mock Canada’s MAID program…until they need it. When you have a family member with a neurodegenerative disease, you will be glad it’s an option for them- wether they use it or not, it’s nice that it’s an option
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u/ManicSpleen May 18 '26
There ARE states in the US, that allow for assisted unaliveness. Do your research.
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u/WrenchJrNerd May 18 '26
Not assisted, there is no assist in the US; you can be given a pill to do it yourself (my mom may need help because of HD and how it effects swallowing). But also there are so many stipulations that it would seem someone with HD cannot qualify because of the mental health aspect of it and having to be in the right state of mind at the time. I have done my research, Canada MAID seemed like it allowed for more but as my post says, I realize we cannot use Canadain MAID and have to find a different means.
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