Are there restrictions on end-of-life decision making?
Yes. Decisions to forgo life-sustaining treatment may only be made only if the patient has one of the following conditions: • is terminally ill (expected to die within 6 months, regardless of treatment provided); • is permanently unconscious; OR • has a serious irreversible or incurable condition, and life-sustaining treatment poses an unacceptable burden. How does the law impact minors? A parent or guardian may make medical decisions for a minor. Attempts must be made to inform a 2nd parent (if any) of decisions made under this law. A child with the capacity to decide about life-sustaining treatment must agree with a parent’s decision to forgo treatment before this can be done. Finally, an emancipated minor is allowed to forgo life-sustaining treatment, but an ethics consult MUST be obtained first. Who can be the surrogate decision maker? The FHCDA applies only in the absence of a health care proxy, in which case this priority list applies: • court appointed guardian (if one already e