Consent by others to withdrawal or withholding of treatment

Checkout our iOS App for a better way to browser and research.

  • (a) Life-sustaining treatment may be withheld or withdrawn from an individual who:

    • (i) has been determined by the attending physician to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment; and

    • (ii) has no effective declaration if written consent to the withholding or withdrawal of the treatment, witnessed by two individuals, is given to the attending physician. The consent may be given by the following individuals, in order of priority:

      • (1) The spouse of the individual;

      • (2) An adult child of the individual or, if there is more than one adult child, a majority of the adult children who are reasonably available for consultation;

      • (3) The parents of the individual;

      • (4) An adult sibling of the individual or, if there is more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation; or

      • (5) The nearest other adult relative of the individual by blood or adoption who is reasonably available for consultation.

  • (b) If any class entitled to act is not reasonably available and competent to serve, or declines to make a decision, the next class is authorized to act, but an equal division in a class does not permit the next class to act.

  • (c) Decisions to grant or withhold consent must be made in good faith. A consent is not valid if it conflicts with the expressed intention of the individual.

  • (d) A decision of the attending physician acting in good faith that a consent is valid or invalid is conclusive.

  • (e) Life-sustaining treatment may not be withheld or withdrawn under this section from an individual known to the attending physician to be pregnant as long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment.


Download our app to see the most-to-date content.