WILLIAM DONALD SCHAEFER, Governor                         Ch. 372

(D) "MEDICALLY INEFFECTIVE" MEANS THAT, TO A REASONABLE DEGREE OF
MEDICAL PROBABILITY, HEALTH CARE WILL NOT:

(1) IMPROVE OR MAINTAIN THE HEALTH OF THE DISABLED PERSON;

(2) PREVENT OR REDUCE THE DETERIORATION OF THE HEALTH OF
THE DISABLED PERSON; OR

(3) PREVENT OR POSTPONE FOR ANY SIGNIFICANT LENGTH OF TIME
THE DEATH OF THE DISABLED PERSON.

(E) "SUBSTITUTED JUDGMENT" MEANS A DETERMINATION BY A COURT
THAT A DISABLED PERSON WOULD, IF COMPETENT, MAKE THE SAME HEALTH CARE
DECISION REGARDING A LIFE SUSTAINING PROCEDURE TAKING INTO ACCOUNT
ANY INFORMATION THAT MAY BE RELEVANT TO THE DECISION INCLUDING:

(1) THE CURRENT DIAGNOSIS, PROGNOSIS WITH AND WITHOUT THE
LIFE SUSTAINING PROCEDURE, AND LIFE EXPECTANCY OF THE DISABLED PERSON;

(2) ANY EXPRESSED PREFERENCES OF THE DISABLED PERSON
REGARDING THE PROVISION OF, OR THE WITHHOLDING OR WITHDRAWAL OF, THE
LIFE SUSTAINING PROCEDURE AT ISSUE;

(3) ANY EXPRESSED PREFERENCES OF THE DISABLED PERSON ABOUT
THE PROVISION OF, OR THE WITHHOLDING OR WITHDRAWAL OF, LIFE SUSTAINING
PROCEDURES GENERALLY;

(4) ANY RELIGIOUS OR MORAL BELIEFS OR PERSONAL VALUES OF THE
DISABLED PERSON IN RELATION TO THE PROVISION OF, OR THE WITHHOLDING OR
WITHDRAWAL OF, LIFE SUSTAINING PROCEDURES;

(5) ANY BEHAVIORAL OR OTHER MANIFESTATIONS OF THE ATTITUDE
OF THE DISABLED PERSON TOWARD THE PROVISION OF, OR THE WITHHOLDING OR
WITHDRAWAL OF, THE LIFE SUSTAINING PROCEDURE;

(6) ANY CONSISTENT PATTERN OF CONDUCT BY THE DISABLED PERSON
REGARDING PRIOR DECISIONS ABOUT HEALTH CARE;

(7) ANY REACTIONS OF THE DISABLED PERSON TO THE PROVISION OF,
OR THE WITHHOLDING OR WITHDRAWAL OF, A COMPARABLE LIFE SUSTAINING
PROCEDURE FOR ANOTHER INDIVIDUAL; AND

(8) ANY EXPRESSED CONCERNS OF THE DISABLED PERSON ABOUT THE
EFFECT ON THE FAMILY OR INTIMATE FRIENDS OF THE DISABLED PERSON IF A
LIFE SUSTAINING PROCEDURE WERE PROVIDED, WITHHELD, OR WITHDRAWN.

13-712. SUBSTITUTED JUDGMENT; EVIDENCE.

(A) THE COURT MAY APPROVE A REQUEST FOR THE WITHHOLDING OR
WITHDRAWAL OF A LIFE SUSTAINING PROCEDURE FROM A DISABLED PERSON ON
THE BASIS OF A SUBSTITUTED JUDGMENT.

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