In her case it doesn't apply because she can talk.
If she can talk, why can't she eat? Why haven't they just wheeled her into the courtroom? That would seem to do it.
But if she can talk why isn't there any record of her words to the doctors who examined her? If she can talk, why can't a doctor or judge ask her what her wishes are about the feeding tube?
If the part of her brain controlling speech is damaged, she can communicate by other means. Just because she can't control her breath and tongue movements doesn't mean she can't control her hand or eyelids. I can't believe they didn't try communicating with her in other ways. They have devices now that allow people to "speak" by focusing their eyes on words and letters, or even just changing their expression.
http://www.beachbrowser.com/Archives/Science-and-Health/August-2000/Cyberlink-Interface-for-Quadriplegic.htm