Decision Making for Incompetent Patients by Designated Proxy: California's New Law
Steinbrook, Robert L.
New England Journal of Medicine. 1984 Jun 14; 310(24): 1598-1601.
Decisions on providing or withholding care for incompetent patients were traditionally made jointly by physicians and family members. Living wills represent a second approach, and now a third approach--the durable power of attorney for health care--has emerged. While a 1982 Pennsylvania statute was the first to provide for this form of decision making, a 1983 California statute is the first to provide detailed procedures and safeguards. It gives legal sanction to decisions shared by physician and proxy, but does not require physicians to discontinue life-sustaining treatment against their own judgment. This article summarizes the California law and examines its potential effects on medical practice. (KIE abstract)
Advance Directives; Allowing to Die; Autonomy; Competence; Conscience; Consent; Decision Making; Due Process; Durable Power of Attorney; Family Members; Government; Guardians; Health; Health Care; Informed Consent; Law; Legal Aspects; Legal Guardians; Legislation; Life; Living Wills; Liability; Patient Care; Patient Participation; Patients; Physicians; Proxy; Power; State Government; Third Party Consent; Wills;
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Emanuel, Ezekiel J.; Emanuel, Linda L. (1992-04-15)Conclusions: The recent trend has been to rely on proxy decision making for incompetent patients. Support for proxy decision making has failed to acknowledge the growing body of ethical and empirical research suggesting that ...