Emedinews:Insights on Medicoleagl Issues:Terminate medical care when the patients have not left explicit statements

Family decisions in US court

In Cruzan, the US Supreme Court held that there is no constitutional requirement that families be permitted to exercise the right of mentally incapacitated patients to terminate care when the patients have not left explicit statements of their preferences. Importantly, however, the Court did not delineate uniform national rules regarding who should decide for mentally incapacitated patients. Instead, the Court permitted each state to make the rules it deemed best. The Court also endorsed, as legally acceptable but not required, Missouri’s contention that the "evidence of the incompetent’s wishes as to the withdrawal of treatment be provided by clear and convincing evidence".