Court Rules On Wendland Right-To-Die Case
State Supreme Court Rules In Favor Of Mother
SACRAMENTO -- In a highly anticipated ruling in the right-to-die case of Robert Wendland, the California Supreme Court unanimously sided with the mother of the man who spent years on life support.
Wendland's mother, Florence Wendland, who was at his side when he died July 17 in a Lodi hospital, wanted her son to live as long as possible.
Wendland was kept alive by a feeding tube for eight years following a 1993 car accident that left him severely brain damaged.
But wife Rose Wendland fought to have the feeding tube removed and end what she considered to be his suffering.
The justices, ruling 6-0, noted that
the husband was not hospitalized in a vegetative state but instead
was conscious, albeit seesawing in a twilight state that provided
him no means to care for himself.
"These two conversations do not establish by clear and
convincing evidence that the conservatee would desire to have his
life-sustaining treatment terminated under the circumstances in
which he now finds himself," Justice Kathryn Mickle Werdegar
wrote.
The court cautioned, however, that it was not setting a broad
standard as to when conservators could pull the plug on conservatees.
Instead, its decision affects "only a narrow class of persons:
conscious conservatees who have not left formal directions for
health care and whose conservators propose to withhold
life-sustaining treatment for the purpose of causing their
conservatees' deaths."
The case began in 1995, when Rose Wendland thought she was
carrying out her husband's wishes when she directed doctors to pull
his feeding tubes, two years after an auto accident left him in a
near-vegetative state.
But the woman's wishes were blocked and have been embroiled in
the courts ever since, reigniting national debate over when loved
ones can make such directives when no will or other written
document verifies those wishes. An estimated 15 percent of U.S.
adults have drafted such wills or designated such powers to others.
Wendland was kept alive by a feeding tube for eight years following a 1993 car accident that left him severely brain damaged.
But wife Rose Wendland fought to have the feeding tube removed and end what she considered to be his suffering.
The justices, ruling 6-0, noted that
the husband was not hospitalized in a vegetative state but instead
was conscious, albeit seesawing in a twilight state that provided
him no means to care for himself.
"These two conversations do not establish by clear and
convincing evidence that the conservatee would desire to have his
life-sustaining treatment terminated under the circumstances in
which he now finds himself," Justice Kathryn Mickle Werdegar
wrote.
The court cautioned, however, that it was not setting a broad
standard as to when conservators could pull the plug on conservatees.
Instead, its decision affects "only a narrow class of persons:
conscious conservatees who have not left formal directions for
health care and whose conservators propose to withhold
life-sustaining treatment for the purpose of causing their
conservatees' deaths."
The case began in 1995, when Rose Wendland thought she was
carrying out her husband's wishes when she directed doctors to pull
his feeding tubes, two years after an auto accident left him in a
near-vegetative state.
But the woman's wishes were blocked and have been embroiled in
the courts ever since, reigniting national debate over when loved
ones can make such directives when no will or other written
document verifies those wishes. An estimated 15 percent of U.S.
adults have drafted such wills or designated such powers to others.
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