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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.
Advance directives were created in response to the increasing sophistication and prevalence of medical technology. [3] [4] Numerous studies have documented critical deficits in the medical care of the dying; it has been found to be unnecessarily prolonged, [5] painful, [6] expensive, [7] [8] and emotionally burdensome to both patients and their families.
When filing an advance directive, an alternate health care agent should be identified. The surrogate decision maker must be a trusted individual that is able to make crucial decisions on behalf of the advance directive client. The advance directive should also indicate specific instructions for when a patient is incapacitated.
A daily look at legal news and the business of law: Missouri Voters Reject Health-Care Reform Missouri ballot measure Proposition C, which would block the individual mandate at the heart of the ...
Wishes 3, 4, and 5 are unique to Five Wishes, in that they address matters of comfort care, spirituality, forgiveness, and final wishes. Wish 1: "The Person I Want to Make Care Decisions for Me When I Can't" – This section is an assignment of a health care agent (also called proxy, surrogate, representative, or health care power of attorney ...
To designate a health care surrogate, people must use an advance directive. [24] Once a surrogate is established and if the individual does not have the mental capacity to make decisions, the surrogate has the authority to make decisions on the POLST Form; the amount of authority for the surrogate, however, varies per state. [ 24 ]
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