SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2004 SESSION

  • | print version

HB 308 End-of-life-care decisions; appointment of guardians and agents of incapacitated persons.

Introduced by: Robert G. Marshall | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

End-of-life-care decisions; guardians and agents of incapacitated persons. Provides that the court in an appointment hearing shall not deem a person suitable as guardian or conservator if the court determines that such person has a material interest in the death of the respondent. Upon court appointment, the guardian or conservator must certify in writing that he has no material interest in the death of the incapacitated person. The bill provides that no agent, guardian or other person can make the decision to withhold or withdraw artificially administered hydration or nutrition unless expressly granted such authority in an advance medical directive or other written document executed by the patient while the patient was capable of making an informed decision on such matters. The bill requires the delegation of such authority through an advance directive to be specific to the withdrawal or withholding of hydration or nutrition in order to be effective in that regard. Absence of express written delegation of authority shall give rise to the presumption of the incapacitated person's desire not to have artificially administered hydration or nutrition withheld or withdrawn. The bill prohibits health care facilities from conditioning the provision of services on the execution or existence of an advance medical directive authorizing the withholding or withdrawal of artificially administered hydration or nutrition.


FULL TEXT

HISTORY