HB 308 End-of-life-care decisions; appointment of guardians and agents of incapacitated persons.
Robert G. Marshall | all patrons    ...    notes
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Summary as introduced:
End-of-life-care decisions; guardians and agents of incapacitated persons. Provides that the court in an appointment hearing shall not deem a person suitable as guardian or conservator if the court determines that such person has a material interest in the death of the respondent. Upon court appointment, the guardian or conservator must certify in writing that he has no material interest in the death of the incapacitated person. The bill provides that no agent, guardian or other person can make the decision to withhold or withdraw artificially administered hydration or nutrition unless expressly granted such authority in an advance medical directive or other written document executed by the patient while the patient was capable of making an informed decision on such matters. The bill requires the delegation of such authority through an advance directive to be specific to the withdrawal or withholding of hydration or nutrition in order to be effective in that regard. Absence of express written delegation of authority shall give rise to the presumption of the incapacitated person's desire not to have artificially administered hydration or nutrition withheld or withdrawn. The bill prohibits health care facilities from conditioning the provision of services on the execution or existence of an advance medical directive authorizing the withholding or withdrawal of artificially administered hydration or nutrition.

Full text:
01/14/04  House: Presented & ordered printed, prefiled 01/09/04 043114396  pdf

Status:
01/14/04  House: Presented & ordered printed, prefiled 01/09/04 043114396
01/14/04  House: Referred to Committee on Health, Welfare and Institutions
01/22/04  House: Tabled in H. W. I. (21-Y 1-N)