Kamis, 09 Desember 2010

Safeguards against Erroneous Stopping but not against Erroneous Providing

In Delaware as in many states, the safeguards regarding life-sustaining treatment all lean one way.  That is, they protect against erroneous withholding or withdrawal or life-sustaining treatment.  They do not address erroneous provision of such treatment.

(a) Anyone who has good reason to believe that the withdrawal or withholding of health care in a particular case: (1) Is contrary to the most recent expressed wishes of a declarant; (2) is being proposed pursuant to an advance health-care directive that has been falsified, forged or coerced; or (3) is being considered without the benefit of a revocation which has been unlawfully concealed, destroyed, altered or cancelled; may petition the Court of Chancery for appointment of a guardian for such declarant.

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