Joshua Rubenstein, partner and national chair of Katten's Private Wealth Department, was quoted in a Citywealth article on the legal layers of assisted dying and end-of-life choices.
On the matter of assisted death, specifically in the United States, Joshua pointed out that the legal definitions governing the topic make it complicated. It can also be divisive. He shared that while euthanasia is regulated at the state level, suicide is criminalized like homicide in all 50 states, even though prosecution of a successful suicide attempt is impossible. Involuntary euthanasia is illegal nationwide, whereas passive euthanasia, allowing refusal of medical treatment, is legal everywhere. Assisted suicide is legal in about 10 states.
On the topic of planning for end-of-life choices, Joshua said, "When clients ask us about this topic, we handle it with so-called 'living wills,' in which they make an informed decision to decline medical treatment under certain stated conditions. We also use a 'health care proxy,' in which you appoint someone to make medical decisions for you if a doctor determines that you cannot make those decisions yourself. Living wills and health care proxies in the United States are widely used and accepted and almost never go wrong. Except where current spouse and children by prior marriages disagree as to health care decisions being made for parents."
"The Global Debate on Assisted Dying: Legal Layers, Ethical Dilemmas, and the Future of End-of-Life Choices," Citywealth, March 5, 2025
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