Existing law allows surrogates to withhold life support for mentally incompetent patients.
"An unborn child and an incompetent patient were in jeopardy."
The report begins by defining a number of terms related to health care directives before presenting theoretical frameworks used in making decisions for incompetent patients.
Some states have passed laws allowing incompetent patients with certified mental illness to speak for themselves regarding decision-making.
Mr. Webster says there is no right in the Constitution for anyone to refuse to treat an incompetent patient.
The same argument that looks to the best interests of an incompetent dying patient in the right-to-die cases supports the Seattle court decision.
To listen to them, you would think we're talking about a totally helpless, incompetent patient who cannot possibly express her wishes.
Rather, our role is to establish for those who make that decision criteria that respect the right to self-determination and yet protect incompetent patients.
He said the conflict arose when an incompetent patient could not expresses his wishes.
New York has some of the country's most restrictive rules for ending life support and making other decisions for incompetent patients.