S.B. 664                                                         VETOES

(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LIFE-SUSTAINING PROCEDURE WERE PROVIDED, WITHHELD, OR WITHDRAWN.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.

(B)      THE COURT MAY MAKE A SUBSTITUTED JUDGMENT UNDER SUBSECTION
(A) OF THIS SECTION ONLY ON THE BASIS OF CLEAR AND CONVINCING EVIDENCE
THAT THE DISABLED PERSON WOULD, IF COMPETENT, DECIDE TO WITHHOLD OR
WITHDRAW A LIFE-SUSTAINING PROCEDURE UNDER THE CIRCUMSTANCES.

(C)      EVIDENCE OF THE INTENTIONS OR WISHES OF THE DISABLED PERSON
REGARDING THE WITHHOLDING OR WITHDRAWAL OF A LIFE-SUSTAINING
PROCEDURE THAT MIGHT OTHERWISE BE INADMISSIBLE MAY BE ADMITTED, IN THE
DISCRETION OF THE COURT, IF IT IS:

(1) MATERIAL AND PROBATIVE; AND

(2) THE BEST EVIDENCE AVAILABLE.

13-713. BEST INTEREST OF A DISABLED PERSON.

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