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Withdrawal of Treatment for Minors in a Persistent Vegetative State: Parents Should Decide

Abstract

The central thesis of this Article is that general societal norms honoring the rights of parents to make decisions concerning the welfare of their minor children should govern in this context as in others. Courts are ill-equipped to make these personal and highly sensitive decisions. Absent factors that could disqualify them from making other decisions for their children as well—incompetence, conflict of interest, abuse or neglect, or disagreement between the two parents—parents who act in good faith on the grounds of confirmed medical diagnoses should be permitted to make termination-of-treatment decisions for their PVS minor children without governmental involvement. This should hold true so long as the condition arose during the child's minority, even if the child has since become an adult. To accomplish the objective, appropriate legislation is necessary.

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35 Ariz. L. Rev. 173 (1993)

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Authors

Ann MacLean Massie (Washington and Lee University)

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