WILLIAM DONALD SCHAEFER, Governor                         Ch. 372

(T) "PERSISTENT VEGETATIVE STATE" MEANS A CONDITION, AS A RESULT OF
WHICH, TO A REASONABLE DEGREE OF MEDICAL PROBABILITY, AN INDIVIDUAL:

(1) LOSES ALL CAPACITY FOR THOUGHT, PURPOSEFUL ACTION, AND
AWARENESS OF SELF AND ENVIRONMENT; AND

(2) REMAINS IN THIS CONDITION PERMANENTLY, WITHOUT

IMPROVEMENT.

(U) "POWER OF ATTORNEY FOR HEALTH CARE DECISIONS" MEANS A
WRITTEN INSTRUMENT SIGNED BY A PRINCIPAL AUTHORIZING AN INDIVIDUAL TO:

(1) ACT AS THE HEALTH CARE AGENT OF THE PRINCIPAL; AND

(2) MAKE A HEALTH CARE DECISION FOR THE PRINCIPAL.

(V) "PRINCIPAL" MEANS AN INDIVIDUAL WHO EXECUTES A POWER OF
ATTORNEY FOR HEALTH CARE DECISIONS.

(W) "SUBSTITUTED JUDGMENT" MEANS A HEALTH CARE DECISION MADE BY
A PERSON FOR AN INCAPACITATED INDIVIDUAL ON THE BASIS OF A REASONABLE,
GOOD FAITH BELIEF THAT AN INCAPACITATED INDIVIDUAL WOULD, IF
COMPETENT, MAKE THE SAME HEALTH CARE DECISION REGARDING A TREATMENT,
TAKING INTO ACCOUNT ANY INFORMATION THAT, MAY BE RELEVANT TO THE
DECISION MAKING ABOUT THE TREATMENT, INCLUDING:

(1) THE CURRENT DIAGNOSIS, PROGNOSIS WITH AND WITHOUT THE
TREATMENT, AND LIFE EXPECTANCY OF THE INCAPACITATED INDIVIDUAL;

(2) ANY EXPRESSED PREFERENCES OF THE INCAPACITATED

INDIVIDUAL REGARDING THE PROVISION OF, OR THE WITHHOLDING OR
WITHDRAWAL OF, THE SPECIFIC TREATMENT AT ISSUE;

(3) ANY EXPRESSED PREFERENCES OF THE INCAPACITATED

INDIVIDUAL ABOUT THE PROVISION OF, OR THE WITHHOLDING OR WITHDRAWAL
OF, SIMILAR TREATMENTS GENERALLY;

(4) ANY RELIGIOUS OR MORAL BELIEFS OR PERSONAL VALUES OF THE
INCAPACITATED INDIVIDUAL IN RELATION TO THE PROVISION OF, OR THE
WITHHOLDING OR WITHDRAWAL OF, THE TREATMENT;

(5) ANY BEHAVIORAL OR OTHER MANIFESTATIONS OF THE ATTITUDE
OF THE INCAPACITATED INDIVIDUAL TOWARD THE PROVISION OF, OR THE
WITHHOLDING OR WITHDRAWAL OF, THE TREATMENT;

(6) ANY CONSISTENT PATTERN OF CONDUCT BY THE INCAPACITATED
INDIVIDUAL REGARDING PRIOR DECISIONS ABOUT TREATMENT;

(7) ANY REACTIONS OF THE INCAPACITATED INDIVIDUAL TO THE
PROVISION OF, OR THE WITHHOLDING OR WITHDRAWAL OF, A SIMILAR
TREATMENT FOR ANOTHER INDIVIDUAL; AND

- 2013 -