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Pennsylvania Court: Guardians Can't Pull the Plug on Mentally Disabled People
Life News ^
| 8/30/10
| Steven Ertelt
Posted on 08/30/2010 4:19:51 PM PDT by wagglebee
Harrisburg, PA (LifeNews.com) -- In a ruling involving a mentally disabled man whose legal guardians sought the power to end his medical care, the Pennsylvania Supreme Court has determined that state law requires life-preserving treatment for people who are not near death and have not refused treatment.
The Alliance Defense Fund and allied pro-life attorneys filed a friend-of-the-court brief on behalf of 53-year-old David Hockenberry, who has had acute mental disabilities since birth, arguing that his legal guardians should not be allowed to deny him life-preserving treatment while he is not terminal or unconscious.
Hockenberrys guardians unsuccessfully attempted to deny him temporary life-preserving medical treatment for pneumonia.
Having a disability shouldn't be a death sentence when treatable medical complications arise, said Independence Law Center Chief Counsel Randall L. Wenger, one of the allied attorneys.
"The court made the right decision to protect Mr. Hockenberrys right to live. He is not dying or unconscious, and his life isn't worthless just because he has a disability that may lead others to view his life as less worthy to live," he added.
A persons value isn't based on his or her physical or mental abilities, said ADF Legal Counsel Matt Bowman. No one should be allowed to decide that a persons life is not worth saving just because he or she has a disability or medical condition.
In December 2007, Hockenberry developed aspiration pneumonia. Hockenberrys guardians--appointed as his legal guardians in 2002 by a trial court--tried to decline his required ventilator treatment to assist his breathing, but the hospital proceeded despite their objection. After three weeks on the mechanical ventilator, he recovered from pneumonia and no longer required the treatment.
Hockenberrys guardians filed a petition with a trial court in January 2008 that would allow them to end his care if a similar situation were to arise in the future. The Department of Public Welfare objected, stating that Hockenberry was neither terminally ill nor permanently unconscious and never appointed a third party with the power to refuse healthcare necessary to the preservation of his life.
Hockenberrys guardians filed a series of appeals until their case reached the Pennsylvania Supreme Court, which agreed to hear the case.
In March, ADF and allied attorneys argued in a friend-of-the-court brief that people should not be considered better off dead just because of a disability. The high court concurred that the Health Care Agents and Representatives Act requires life-preserving care for such persons.
We hold that where, as here, life-preserving treatment is at issue for an incompetent person who is not suffering from an end-stage condition or permanent unconsciousness, and that person has no health care agent, the Act mandates that the care must be provided, the opinion states. The enactment...regulates the situation in which the incompetent person suffers from a life-threatening but treatable condition, obviously reflecting the Legislatures assertion of a policy position of greater state involvement to preserve life in such circumstances.
Related web sites:
Alliance Defense Fund - http://www.telladf.org
TOPICS: Culture/Society; News/Current Events; US: Pennsylvania
KEYWORDS: avarice; blasphemy; demagoguery; disabilities; euthanasia; greed; humanist; humanistmanifesto; moralabsolutes; murder; prolife; theft
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Having a disability shouldn't be a death sentence when treatable medical complications arise, said Independence Law Center Chief Counsel Randall L. Wenger, one of the allied attorneys. Yet that is precisely what Zero and his death panels will make it if they have the chance.
1
posted on
08/30/2010 4:19:54 PM PDT
by
wagglebee
To: cgk; Coleus; cpforlife.org; narses; Salvation; 8mmMauser
2
posted on
08/30/2010 4:20:30 PM PDT
by
wagglebee
("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
To: 185JHP; 230FMJ; Albion Wilde; Aleighanne; Alexander Rubin; Amos the Prophet; ...
3
posted on
08/30/2010 4:21:08 PM PDT
by
wagglebee
("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
To: wagglebee
Gee. You wouldn’t think people who wanted their ward to die would be allowed to be “guardians”.
4
posted on
08/30/2010 4:23:18 PM PDT
by
Politicalmom
(A racist is a conservative who is winning an argument with a liberal.-FReeper Freespirited)
To: wagglebee
Praise be to Jesus Christ!
5
posted on
08/30/2010 4:24:26 PM PDT
by
netmilsmom
(I am inyenzi on the Religion Forum)
To: wagglebee
This is the decision of his guardians? They’re really his worst enemies. How despicable, and how this poor man must feel knowing what they tried to do.
6
posted on
08/30/2010 4:24:56 PM PDT
by
trisham
(Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
To: wagglebee
Thank God for this ruling. Thank God. I will never forget Terri Schiavo. Never!
7
posted on
08/30/2010 4:25:33 PM PDT
by
Saundra Duffy
(For victory & freedom!!!)
To: wagglebee
No one should be allowed to decide that a persons life is not worth saving just because he or she has a disability or medical condition.Tell that to President Obortion.
To: wagglebee
Hockenberrys guardians unsuccessfully attempted to deny him temporary life-preserving medical treatment for pneumonia.The guardians should be stripped of their POA.
9
posted on
08/30/2010 4:28:31 PM PDT
by
LaineyDee
(Don't mess with Texas wimmen!)
To: wagglebee
Is the state going to start paying the medical bills? or are they going to force the guardians to continue to pay under threat of arrest?
To: wagglebee
Who are these people? I cannot in my wildest imagination come up with a reason why they would want to kill him.
My instincts tell me to follow the money...
11
posted on
08/30/2010 4:32:43 PM PDT
by
starlifter
(Sapor Amo Pullus)
To: wagglebee
It’s really sad that this had to be decided by a court. What sort of care-givers want to deliver death instead of care? Or take it upon themselves to make that decision?
12
posted on
08/30/2010 4:33:54 PM PDT
by
casuist
(Audi alteram partem.)
To: wagglebee
There is a very special place in hell ....
13
posted on
08/30/2010 4:34:38 PM PDT
by
Mister Da
(The mark of a wise man is not what he knows, but what he knows he doesn't know!)
To: TexasFreeper2009; Coleus; narses; Salvation; cpforlife.org; EternalVigilance; BykrBayb; ...
Is the state going to start paying the medical bills? or are they going to force the guardians to continue to pay under threat of arrest? Do YOU think that those who cannot afford to pay their medical bills should be left to die?
Because if you do, you are basically advocating rationing and death panels.
Why do you seem to oppose the conservative pro-life condition? Or do you just think that the disabled don't deserve to live?
14
posted on
08/30/2010 4:38:00 PM PDT
by
wagglebee
("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
To: Mister Da
It looks as though the patient has Down’s Syndrome. They usually develop dementia and heart problems in their 40’s. He may not be unconscious. It would be worthwhile to know exactly what kind of condition he is in and whether or not there is any brain activity. Choosing not to treat an infection is not that uncommon in the final days of life especially if there is no significant brain activity.
15
posted on
08/30/2010 4:44:03 PM PDT
by
crymeariver
(Good news...in a way)
To: TexasFreeper2009
Did you just stumble in here? Perhaps you’re unaware this a conservative forum. We don’t advocate murdering inconvenient people.
16
posted on
08/30/2010 4:46:08 PM PDT
by
BykrBayb
(Somewhere, my flower is there. ~ Þ)
To: wagglebee
Do YOU think that those who cannot afford to pay their medical bills should be left to die? Do you think the Government should take money from me at the point of a gun to pay for it?
Because if you do, you are basically advocating rationing and death panels.
Bullcrap.
Why do you seem to oppose the conservative pro-life condition?
When did the 'conservative' position become forcing one person with the threat of fines, prison, and ultimately death if they don't want to provide money of their own free will?
Or do you just think that the disabled don't deserve to live?
I think people deserve to keep the fruits of their labors without a bunch of Nanny State busybodies demanding their money for whatever pet cause it is they think is 'moral'.
Theft isn't moral no matter the reason you're stealing for.
17
posted on
08/30/2010 4:50:04 PM PDT
by
Lurker
(The avalanche has begun. The pebbles no longer have a vote.)
To: crymeariver
He recovered from pneumonia in 2007. He must have had brain activity since then, because dead bodies don’t mimic life signs for three years.
18
posted on
08/30/2010 4:50:18 PM PDT
by
BykrBayb
(Somewhere, my flower is there. ~ Þ)
To: crymeariver
He RECOVERED!
“n December 2007, Hockenberry developed aspiration pneumonia. Hockenberrys guardians—appointed as his legal guardians in 2002 by a trial court—tried to decline his required ventilator treatment to assist his breathing, but the hospital proceeded despite their objection. After three weeks on the mechanical ventilator, he recovered from pneumonia and no longer required the treatment.”
It doesn’t talk about any pre-existing condition either.
19
posted on
08/30/2010 4:50:59 PM PDT
by
netmilsmom
(I am inyenzi on the Religion Forum)
To: TexasFreeper2009
He has pneumonia. How expensive is that to treat?
20
posted on
08/30/2010 4:51:06 PM PDT
by
trisham
(Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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