Medical Aid in Dying: A State-by-State Guide for 2026
By CRYSTAL BAI •
The short answer: Medical Aid in Dying (MAID), also called Death with Dignity, allows terminally ill adults with a prognosis of six months or less to request life-ending medication from a physician. As of 2026, it is legal in Oregon, Washington, Vermont, California, Colorado, Montana, Hawaii, New Jersey, Maine, New Mexico, New York (as of 2023), Nevada (as of 2023), Wisconsin (as of 2024), and Wyoming (as of 2024). Requirements and processes differ by state.
What Is Medical Aid in Dying?
Medical Aid in Dying (MAID) — also called Death with Dignity, physician aid in dying, or assisted dying — is a legal process in which a terminally ill, mentally competent adult may request a prescription for medication that they can self-administer to end their life at a time of their choosing.
MAID is distinct from euthanasia (where a physician administers the medication) — in all US MAID laws, the patient must self-administer. It is also distinct from refusing treatment (which is always legal) and from palliative sedation (sedation to relieve suffering in the final hours, which is widespread and legal everywhere).
States Where MAID Is Legal (as of 2026)
- Oregon — first in the nation, 1997; longest track record
- Washington — Death with Dignity Act, 2008
- Montana — through state Supreme Court ruling, 2009
- Vermont — 2013
- California — End of Life Option Act, 2016
- Colorado — 2016
- Hawaii — Our Care, Our Choice Act, 2019
- New Jersey — 2019
- Maine — 2019
- New Mexico — 2021
- New York — Medical Aid in Dying Act, 2023
- Nevada — 2023
- Wisconsin — 2024
- Wyoming — 2024
- Washington D.C. — Death with Dignity Act, 2017
Standard Requirements Across All MAID Laws
Despite variations, most MAID laws share common requirements:
- Must be an adult (18+) and a state resident
- Must have a terminal illness with a prognosis of six months or less
- Must be mentally competent (able to make healthcare decisions)
- Must make two verbal requests (typically 15 days apart) and one written request
- Must have two physicians confirm the diagnosis, prognosis, and competency
- Must self-administer the medication
Where a Death Doula Fits
Death doulas provide invaluable support throughout the MAID process — helping families understand eligibility, navigate the two-request process, coordinate the paperwork, and provide emotional support at every stage. Many doulas in MAID-legal states specialize in this work.
Frequently Asked Questions
Which states have Medical Aid in Dying laws?
As of 2026: Oregon, Washington, Montana (court ruling), Vermont, California, Colorado, Hawaii, New Jersey, Maine, New Mexico, New York, Nevada, Wisconsin, Wyoming, and Washington D.C.
What is the difference between Medical Aid in Dying and euthanasia?
In euthanasia, the physician administers the life-ending medication. In Medical Aid in Dying (as practiced in all US laws), the patient must self-administer. This distinction is fundamental to how MAID is understood legally and ethically.
Can a patient in a non-MAID state travel to use MAID?
Oregon and California have removed residency requirements, allowing out-of-state patients to travel there for MAID. Other states still require residency. This is an evolving area of law.
Does a death doula have to be present for MAID?
No. A death doula can be present if the patient and family wish, but it is not required. Some families choose to have their death doula there; others prefer only immediate family.
Where can I get more information about MAID in my state?
Death with Dignity National Center (deathwithdignity.org) and Compassion & Choices are the leading national organizations tracking state laws and patient resources. Renidy's death doulas in MAID-legal states can also provide guidance.
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