Termination Of Life Sustaining Treatment
by
Herbert D. Hinkle, Esq. and Valerie A. Powers Smith, Esq.
Hinkle & Fingles, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
The case of Terry Schiavo has focused attention again on end of life
decision making. Here is an overview of the law:
The law regarding removal of feeding tubes is well established
nationally. The first in this country was decided in 1985, when, in
the case of Claire Conroy, the New Jersey Supreme Court ruled that a
competent person can refuse any form of care or treatment, including a
feeding tube. (Mr. Hinkle litigated Conroy.) If the person is no
longer competent, then the wishes of the patient control or,
alternatively, the decision of a person designated by the patient
controls. The United States reached a similar conclusion in the 1987
case of Nancy Cruzan as did the Pennsylvania Supreme Court in the 1996
case of Joseph Fiori. Both the Pennsylvania and New Jersey Advance
Directives (living will) statutes cover the removal of feeding tubes.
The most complicated case involves a patient whose views are unknown
and who has not designated an agent, especially a person who never had
the capacity to make an informed decision.
A parent or guardian cannot write a living will on behalf of someone
who lacks the capacity to make informed medical decisions. Decisions
for such persons are usually worked out by the guardian and the
physician. When the issue is less than clear-cut, an institutional
ethics committee might be called upon to review the decision.
The important thing to realize is that decisions are made daily for
people with disabilities, and that courts become involved only in the
exceedingly rare case when there is a major conflict. For this reason,
in our practice we encourage parents to address their wishes for a
disabled child in their own living will - - not because this is
legally binding, but so that the succeeding generation has guidance.
______
Herbert D.
Hinkle, his partner, Ira M. Fingles, and their colleagues, S. Paul
Prior and Valerie A. Powers Smith, maintain a statewide
law practice with offices in Lawrenceville, Marlton, and Florham Park,
New Jersey, and Yardley, Pennsylvania. They lecture and write frequently
on topics of law, aging, disability and estate planning and are available
to speak to groups in New Jersey and Pennsylvania
at no charge.
Comments and suggestions
for future articles should be mailed to: Hinkle & Fingles, 2651 Main Street, Suite A, Lawrenceville, New Jersey 08648-1012.
Copyright 2005
Herbert D. Hinkle. All rights reserved.
