No. The patient must be the one consenting to MAID, on at least two (2) occasions: at the time of the request and immediately before receiving MAID.

However, according to federal law (Criminal Code), a patient who is deemed to have a reasonably foreseeable natural death and who is able to request MAID may, with the agreement of the physician who will perform MAID, sign a document stating that if he or she loses their decision-making capacity, the medical practitioner will still be allowed to proceed. This is called the “waiver of final consent.”

As an example, this arrangement allows a patient who is experiencing severe pain to continue taking their medication even if this might limit, in part, their capacity to consent. The same is true of a patient who has fallen into a mild coma caused by their condition. The physician will still be able to administer MAID, after having informed the patient’s loved ones regarding the waiver of final consent.