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'Decision making capacity should be enough.'
Absolutely, and I am neither a 'right to die' campaigner nor a lawyer.
Probably a couple of years ago, I was listening to one of these ethical discussions on Radio 4, where a number of doctors and, I think, an ethicist or philosopher were discussing a case, I think real but anonymous, where an incurable patient with an indeterminate remaining life-span had had enough and wanted her treatment to cease. The discussion seemed not to question her mental competence until one doctor protested how could anyone say that someone who thought death was preferable to life was compos mentis. My jaw dropped and my immediate thought was 'How could anyone with this fixed belief be considered suitable to be on an ethics committee?'
What kind of human are you if you decide that someone has the competence to choose between his own life or death and that s/he has made the choice in favour of the latter, and yet deny hm/her the right to attain his aim with or without help?