Jersey's Assistant Health Minister is challenging part of the proposed Assisted Dying Law which is due to be debated by politicians in a few weeks' time.
Deputy Barbara Ward has criticised the inclusion of a waiver that would allow someone to be helped to die even if they lose decision-making capacity after their request has been approved.
The 'waiver of requirement for future capacity' allows the person to decide in advance that, if they lose the capacity to make decisions after gaining approve for an assisted death but before they are due to confirm their consent in the final review, the assisted death can still take place.
Deputy Ward has brough an amendment calling for the waiver to be removed.
She calls its inclusion 'remarkable' and 'illogical' and warns that the provision opens opportunities for misinterpretation, manipulation, and possible abuse and coercion.
She says the UK's Terminally Ill Adults (End of Life) Bill, which is currently progressing through parliament does not include a waiver for those who have lost capacity between giving consent and the time of administration of life-ending drugs.
"I believe that the Jersey Law should be in line with the English version and require that all patients to fulfil the statutory criteria as in England, ensuring that the person has legal capacity at all stages of the process especially at the point of self-administration or via the administrating practitioner of the drugs due to a person with swallowing difficulties."
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