Conservatorship of Wendland
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In 2001, in the case Conservatorship of Wendland, also known as Wendland v. Wendland, and the Robert Wendland case, the Supreme Court of California unanimously ruled that Rose Wendland, the wife of Robert Wendland, in the absence of a durable power of attorney for health care (DPAHC), did not have the authority to withhold artificial nutrition and hydration in her husband's behalf.[1][2] The Court recognized that patients unable to make a decision for themselves should receive special protection according to the right to life and right to privacy provided by the California constitution.
Quick Facts Conservatorship of Wendland, Decided August 09, 2001 ...
Conservatorship of Wendland | |
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Decided August 09, 2001 | |
Full case name | Conservatorship of the Person of Robert Wendland |
Citation(s) | 26 Cal. 4th 519, 28 P.3d 151 (2001) |
Holding | |
A conservator may not withhold artificial nutrition and hydration (ANH) from a conservatee who is not terminally ill, comatose, or in a persistent vegetative state, and who has not left formal instructions for health care or appointed an agent for health care decisions unless the conservator has clear and convincing evidence that the decision to withhold ANH is in accordance with either the conservatee's own wishes or best interest. | |
Case opinions | |
Majority | Werdegar, joined by George, C.J., Kennard, Baxter, Chin, and Brown |
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