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In a 5–4 decision, the Court affirmed the earlier ruling of the Supreme Court of Missouri and ruled in favor of the State of Missouri, finding it was acceptable to require "clear and convincing evidence" of a patient's wishes for removal of life support. A significant outcome of the case was the creation of advance health directives.
By effect of this law, the Advance Decision to Refuse Treatment (ADRT) acquired statutory force among doctors, patient and their families. [4] This is for an advanced refusal of life-saving treatment for when the person lacks mental capacity and must be considered to be valid and applicable by the medical staff concerned. [5]
Unless the person specifies otherwise, their advance decision overrules any decision made by someone with lasting power of attorney. Advance decisions can only be used to refuse a life-sustaining treatment if the decision is in writing, signed and witnessed, and specifically says it relates to life-sustaining treatments. [8]
A Court of Protection judge ruled that the father of two, in his 40s, made a valid ‘advance decision’ to refuse hospital treatment.
An involuntarily committed, legally competent patient who refused medication had a right to professional medical review of the treating psychiatrist's decision. The Court left the decision-making process to medical professionals. 14th 1990 Washington v. Harper: Prisoners have only a very limited right to refuse psychotropic medications in prison.
Passive euthanasia is legal, by way of advance decisions giving patients the right to refuse life saving treatment. [180] Food and liquid can also be withdrawn from someone in a permanent vegetative state without the need for court approval. [181]
The Troubled-Teen Industry Has Been A Disaster For Decades. It's Still Not Fixed.
Where the patient's advance decision relates to a refusal of potentially life-saving or life prolonging treatment, this must be recorded in writing and witnessed. Any advance refusal is legally binding, providing that the patient is an adult, the patient was competent and properly informed when reaching the prior decision.