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Wendland Case
Advance Health Care Directive
This conservatorship case involved a man who suffered severe brain damage in an automobile accident. While he was comatose for a period of time, Mr. Wendland did regain a certain level of consciousness and was not in a vegetative state. Prior to his accident, Mr. Wendland had expressed his desire not to live in a vegetative state, but had never executed an Advance Health Care Directive. Mr. Wendland's wife sought to remove her husband's feeding tube, based on his previously expressed statements regarding not wanting to live in such a state. The California Supreme Court found that these oral statements did not meet the required burden of clear and convincing evidence and refused to permit the removal of the feeding tube. This case has implications for our elderly citizens who suffer from mental deterioration or Alzheimer's Disease. The California Supreme Court did not want to establish a precedent which might allow the withholding of medical treatment absent a clear directive from the person impacted. Thus it is critical, while you have capacity, to execute a valid Advance Health Care Directive and make your wishes for life-sustaining care known. |
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