Assisted Suicide Laws in the United States, What Patients and Families Need to Know in 2026

Assisted suicide — legally called medical aid in dying — allows a terminally ill adult to request a prescription for life-ending medication from a licensed physician. As of 2026, it is legal in 14 U.S. jurisdictions. Patients must have a terminal diagnosis with six months or less to live and mental capacity to decide.

What is assisted suicide in the United States?

Assisted suicide — legally called medical aid in dying — allows a terminally ill adult to request a prescription for life-ending medication from a licensed physician. As of 2026, it is legal in 14 U.S. jurisdictions. Patients must have a terminal diagnosis with six months or less to live and mental capacity to decide.

If you or someone you love is facing a terminal illness, understanding your end-of-life legal options matters deeply. Assisted suicide — more precisely called medical aid in dying (MAID) — is one of the most debated legal and medical topics in the United States today.

The term “assisted suicide” is widely searched but legally imprecise. In every state where the practice is permitted, lawmakers have deliberately avoided that label. These laws state that actions taken in accordance with the Act shall not, for any purpose, constitute suicide, assisted suicide, mercy killing, or homicide under the law. This distinction matters for insurance, death certificates, and how families understand what happened.

This guide explains what the law actually says, which states allow it, who qualifies, and what patients and families should know before making any decisions. If you have specific questions about your situation, speaking with a healthcare attorney in your state is always the right next step.

What Is Assisted Suicide — and What Does the Law Actually Call It?

The term “assisted suicide” describes a situation where a person — typically a physician — provides the means for a terminally ill patient to end their own life. In the United States, this almost always means a doctor writing a prescription for life-ending medication that the patient self-administers.

This is legally and medically different from euthanasia, where a doctor or another person directly administers a lethal substance. Active euthanasia is illegal in all 50 states of the United States. No state permits a doctor to administer a lethal drug directly to a patient, even with consent.

The preferred legal term is medical aid in dying (MAID) or physician-assisted death. Advocates also use death with dignity and end-of-life option. Opponents typically use “assisted suicide” or “physician-assisted suicide” to emphasize the moral and ethical concerns they raise. For this article, we use “assisted suicide” and “medical aid in dying” interchangeably to match how people search — while making clear that the law treats them differently.

Where Is Assisted Suicide Legal in the United States? (2026)

As of 2026, physician-assisted suicide — or medical aid in dying — is legal in 14 U.S. jurisdictions: California, Colorado, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Montana, New Jersey, New Mexico, New York, Oregon, Vermont, and Washington.

Here is a breakdown of how each jurisdiction gained this legal status:

Jurisdiction	How It Became Legal	Year
Oregon	Ballot measure — Death with Dignity Act	1997
Washington	Ballot measure	2008
Montana	State Supreme Court ruling (Baxter v. Montana)	2009
Vermont	Legislation	2013
California	Legislation — End of Life Option Act	2016
Colorado	Ballot initiative	2016
Washington, D.C.	Legislation	2017
Hawaii	Legislation	2018
New Jersey	Legislation	2019
Maine	Legislation	2020
New Mexico	Legislation	2021
Delaware	Legislation	2026
New York	Legislation — signed February 6, 2026	2026
Illinois	Legislation — Deb’s Law, effective September 2026	2026

Montana is unique. There is no specific statute — the practice is legal solely because the Montana Supreme Court broadened the state’s Rights of the Terminally Ill Act to include physician-assisted suicide, shielding doctors from prosecution as long as they have the patient’s request in writing.

In all other states not listed above, assisted suicide is illegal. Currently, 40 states affirmatively prohibit assisted suicide and impose criminal penalties on anyone who helps another person end his or her life.

Related article: Where Is Assisted Suicide Legal in the World? Every Country Explained

Who Qualifies for Medical Aid in Dying?

While specific requirements vary slightly by state, the core eligibility criteria are consistent across all jurisdictions with legal MAID statutes. All require that patients requesting physician-assisted death satisfy three criteria: terminal illness through a prognosis of having six months or less to live, competence and intact judgment, and voluntariness.

In full, a qualifying patient must generally meet all of the following:

• Age: Must be 18 or older
• Residency: Must be a legal resident of the state where they request MAID
• Diagnosis: Must have a terminal illness confirmed by at least two physicians
• Prognosis: Must have a medically confirmed prognosis of six months or less to live
• Mental capacity: Must be mentally competent to make and communicate their own healthcare decisions
• Voluntariness: Must make the request freely, without coercion or undue influence
• Self-administration: Must be capable of self-administering and ingesting the medications without assistance

Most states also require:

• Multiple requests: Typically two oral requests separated by a waiting period, plus one written request
• Waiting periods: Oregon requires 15 days between oral requests; Hawaii requires 20 days; California shortened its waiting period to 48 hours in 2021
• Physician confirmation: Two physicians must independently confirm eligibility
• Mental health evaluation: Some states, including New York, require a psychiatric evaluation

Important: Federal funding — including Medicare and Medicaid — cannot pay for MAID services or medications. Federal funding, including Medicaid and Medicare, cannot be used for services or medications received under these laws. Private insurance coverage varies by plan and state.

What the Process Looks Like Step by Step

For patients in a state where MAID is legal, the general process follows these steps:

1. First oral request — Patient verbally requests MAID from their attending physician
2. Physician confirmation — Attending physician confirms terminal diagnosis and six-month prognosis
3. Second physician consultation — A second, independent physician confirms the diagnosis, prognosis, and patient competency
4. Waiting period — Patient waits the required period between first and second oral requests (varies by state)
5. Written request — Patient submits a signed, witnessed written request
6. Mental health referral (if required) — In some states, a psychiatrist or psychologist evaluates the patient
7. Second oral request — Patient makes a final oral request after the waiting period
8. Prescription written — Physician writes a prescription for life-ending medication
9. Waiting period before filling — New York requires five days between the prescription date and when it can be filled
10. Self-administration — Patient chooses when and where to take the medication; most choose home

About 30 percent of people who obtain the medication prescribed under these laws never take it. Having the option is sometimes enough — many patients report that simply knowing the choice is available brings them peace of mind.

Legal Protections — and Legal Risks

For patients: In every jurisdiction where MAID is legal, the law explicitly protects patients from having their death classified as suicide. Death certificates list the underlying terminal illness as the cause of death. Taking an aid-in-dying drug under these laws will not be viewed as suicide, assisted suicide, homicide, or elder abuse, and the patient’s death certificate should indicate they died from an underlying illness and that death occurred naturally.

For physicians: Doctors who follow the law’s requirements face no criminal or civil liability. Participation is entirely voluntary — no physician is required to prescribe MAID medication. Hospitals and religious hospice organizations may also decline to offer the service.

For families: Family members and others present at the patient’s death face no criminal liability as long as they did not assist the patient in ingesting the medication.

In states where MAID is illegal: The legal risk is serious. Helping someone end their life outside a legal MAID framework can result in criminal charges ranging from manslaughter to murder, depending on the state. For example, in Florida, every person deliberately assisting another in the commission of self-murder shall be guilty of manslaughter, a felony of the second degree.

Planning your end-of-life legal documents before a crisis is the most important step any patient or family can take. Understanding how a spouse or family member can make medical decisions on your behalf — and when those rights have limits — is essential context for any end-of-life planning conversation.

Frequently Asked Questions

Is there a statute of limitations or legal deadline to request medical aid in dying?

There is no traditional statute of limitations for MAID requests — the eligibility requirement is a terminal prognosis of six months or less to live. However, each request must meet all procedural requirements, including waiting periods, before a prescription can be written. Once a patient no longer meets the mental competency requirement, they lose the ability to qualify.

How long does the medical aid in dying process typically take from first request to prescription? 

 The timeline varies by state. Most states require at least 15 days between the first and second oral requests, plus time for two physician consultations and any required mental health evaluation. In states with a 48-hour waiting period before filling the prescription (such as California post-2021), the process can move faster. Realistically, expect a minimum of two to four weeks from first request to prescription in most states.

Do I need a lawyer to request medical aid in dying?

You do not need a lawyer to make a MAID request — the process involves your physicians and, in some states, a mental health professional. However, a healthcare attorney can help you prepare supporting documents such as advance directives, a healthcare power of attorney, and a living will. These documents are critical if your condition deteriorates before you complete the MAID process. An estate planning attorney can also help ensure your broader end-of-life wishes are legally documented and enforceable.

What happens if I live in a state where assisted suicide is illegal — can I travel to another state? 

Most MAID statutes require state residency. You generally cannot fly to Oregon or California, make a request, and receive a prescription as a visitor — you must be a legal resident of that state. However, residency requirements vary. Some states do not define residency in strict terms, and a small number of states have considered or passed laws allowing non-residents access. Consult a healthcare attorney in the relevant state for guidance on your specific situation.

QWill using a medical aid in dying law affect my life insurance payout? 

Under most state laws, using a legal MAID statute does not affect life insurance benefits. Because death certificates list the terminal illness as the cause of death — not suicide — standard life insurance policies generally pay out normally. However, policy language varies. Review your specific policy and confirm with your insurance provider before making any decisions.

Legal Terms Used in This Article

Medical aid in dying (MAID): The legal term used in most U.S. states for the practice of a physician prescribing life-ending medication to a terminally ill, mentally competent adult who self-administers it.

Euthanasia: The direct administration of a lethal substance by a physician or another person to end a patient’s life. This is illegal in all 50 U.S. states, including states where MAID is legal.

Terminal illness: A disease or condition that is incurable, irreversible, and expected — with reasonable medical certainty — to cause death within six months.

Mental competency: The legal and medical standard confirming that a patient can understand, process, and communicate their own healthcare decisions without impairment from mental illness or cognitive decline.

Advance directive: A legal document in which a person specifies their wishes for medical treatment in situations where they can no longer communicate those wishes themselves. Includes living wills and do-not-resuscitate orders.

Healthcare power of attorney: A legal document designating another person to make medical decisions on your behalf if you become unable to do so.

Palliative care: Medical care focused on relieving pain, symptoms, and stress in seriously ill patients — not on curing the disease. Physicians are required in most MAID states to discuss palliative care options with patients before prescribing life-ending medication.

Conclusion

Medical aid in dying is one of the fastest-evolving areas of U.S. law. As of 2026, 14 jurisdictions — including New York and Illinois, which passed laws in the past year — now permit terminally ill adults to request a prescription for life-ending medication from their physician. Each state has its own rules, waiting periods, and eligibility requirements.

If you are a patient, a family member, or a caregiver trying to understand these options, the most important step is to speak with a licensed healthcare attorney in your state. Laws change, eligibility is strict, and the process has real legal consequences for everyone involved.

For broader end-of-life planning — including advance directives, healthcare powers of attorney, and estate documents — visit AllAboutLawyer.com to connect with a qualified attorney who can guide you through every step.

This article is for informational purposes only and does not constitute legal advice. Laws vary by state and change frequently. Consult a licensed attorney in your state for advice specific to your situation. Visit AllAboutLawyer.com to find a qualified healthcare or estate planning attorney near you.