Brittany Maynard: Estate Planning and the Right to Die

Maynard and The Right-To-Die

Brittany Maynard living in San Francisco, California was diagnosed with terminal glioblastoma brain cancer at 29 years old with six months to live.  Maynard wanted the freedom to leave this Earth on her own terms and decided assisted suicide was the best option for her and her family.  Therefore, Maynard found the Death With Dignity Act of Oregon that is a medical practice in which a terminally ill and mentally competent adult requests, and a doctor prescribes, a life-ending medication the person self-administers passing away peacefully in sleep.  On Saturday, November 1st, 2014 Maynard passed away in bed with her family by her side of a rented house in Oregon.

Brittany Maynard’s Right-To-Die If Attempted In Arizona

There are four states that have legalized the Death With Dignity Act or physician-assisted suicide either by legislation or court ruling. These states include Oregon, Vermont, Montana, Washington and yet do not include Arizona.  If a person in Arizona were to have an assisted suicide it is manslaughter under House Bill 2565.  Manslaughter in Arizona is a class 2 felony and the term in prison is five years to 12.5 years.  Like Brittany Maynard, an individual would need to move to a state which recognizes a “Right to Die” in order to legally move forward with said decision.

Estate Planning For Brittany Maynard And Her Family

Brittany Maynard was a realtor and her husband Daniel Diaz is in the food industry.  Maynard was leaving behind money, her husband, her mom, her step-father, two dogs, and a house in San Francisco, California.  Estate planning needs to be set up for all of these loved ones and assets. The couple may need to set up a pet trust for her Beagle and Great Dane, to make sure they go to the person of her choosing.  Maynard and Diaz would want to protect, control, and manage their assets to the furthest extent so her passing on and his life afterward will both be as comfortable as possible.  This couple might have an interest in charitable motivations since Maynard taught at orphanages in 3rd world countries and regularly volunteered at local animal rescue organizations.  To develop the right estate plan for married couples, you should consider all loved ones and assets.

A Phoenix estate planning lawyer can help make this process easier for you and your family.  Contact us Kamper, Estrada & Simmons, LLP at (602) 230-1234 to discuss how we can plan for your loved ones.


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