In the Nancy Cruzan case in Missouri, her parents sought permission to remove a feeding tube despite the lack of clear evidence this is what she would have wanted (Valko, 2004). The case eventually reached the US Supreme Court, which upheld Missouri's "clear and convincing evidence' standard, and refused the parents. Public sympathy for Cruzan's parents was enormous and they took the case back to a local judge, and three of Nancy's former friends testified that 10 years previously, she had made statements indicating she would not have wanted to live this way. The feeding tube was ordered removed, and she died 12 days later.
disliked the restrictions on living wills and proposed the durable power of attorney for health care, which allowed another person, usually a friend or relative, to make health care decisions for a patient when they were mentally incapacitated (Valko, 2004). It also added the term "permanent vegetative state" and a list of types of treatments to be automatically refused. States like Missouri and New York then passed safeguards which prevented removal of feeding tubes without clear evidence that the patient would have wanted it if in a vegetative state. This allowed the "right to die" position to change into one where choice and legalities were the primary issue.
A declaration exists from the time it is created until the patient dies, unless it contains other limitations. A court may revoke a living will under certain circumstances, e.g. if the patient becomes incompetent, a guardian may revoke the declaration.
-they must have 6 months or less to live
1. It lacks the patient's signature.
-they must convince two physicians that they are sincere, are not acting on a whim, and that the decision is voluntary
2. It lacks witnesses to their signature.