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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.

Hockenberry’s 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. Hockenberry’s 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 person’s 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 person’s life is not worth saving just because he or she has a disability or medical condition.”

In December 2007, Hockenberry developed aspiration pneumonia. Hockenberry’s 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.

Hockenberry’s 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.

Hockenberry’s 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 Legislature’s 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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To: HiTech RedNeck

Christian_Capitalist
Since Feb 2, 2010


61 posted on 08/30/2010 5:24:52 PM PDT by netmilsmom (I am inyenzi on the Religion Forum)
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To: HiTech RedNeck

I wish the new posters would understand that they are not on Reddit anymore.


62 posted on 08/30/2010 5:25:50 PM PDT by netmilsmom (I am inyenzi on the Religion Forum)
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To: HiTech RedNeck
Post flagged as personal attack.

Yeah, yeah -- his, or mine?

He shot first, you know it, and you're just being hypocritical in your "standards".
You know that, also; but you'll probably flag that as a "personal attack" also.

63 posted on 08/30/2010 5:25:51 PM PDT by Christian_Capitalist (Taxation over 10% is Tyranny -- 1 Samuel 8:17)
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To: HiTech RedNeck

“It should also be noted that Medicaid, which is the last ditch of government funding, does seek to recoup from estates where possible.”

Yes, and rightly so, I think.


64 posted on 08/30/2010 5:26:22 PM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: Christian_Capitalist

King David finagled to let Uriah be killed, and God didn’t let him off the hook... God hit David right between the eyebrows through the prophet Nathan as “YOU killed Uriah through the enemy.”

Such sophistry is frowned upon by the Lord.


65 posted on 08/30/2010 5:27:32 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: crymeariver

According to the article he’s not unconscious. If you believe dementia is a reason for euthanasia, you might be inclined to clear out the Alzheimer’s wards...


66 posted on 08/30/2010 5:27:36 PM PDT by Grizzled Bear (Does not play well with others)
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To: Christian_Capitalist

By all means, explain to me your theory about how causing someone’s death does not have the effect of them dying. I doubt you’ll convince me, but give it the old college try.


67 posted on 08/30/2010 5:28:16 PM PDT by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: Christian_Capitalist

Your personal attack. Note there is no exception clause in JR’s rules. Follow them or leave.


68 posted on 08/30/2010 5:28:23 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: BykrBayb
How long do you think we would have lasted without an organized military?

Who says that the Military is not organized for the very purpose of punishing Mass Murder? (i.e., an aggressive invader).

Good thing this nation isn’t organized according to your misinterpretation of the Bible.

Funny how those who claim the "misinterpretation" of Scripture, have absolutely no Scripture to cite in defense of their own position.

69 posted on 08/30/2010 5:28:26 PM PDT by Christian_Capitalist (Taxation over 10% is Tyranny -- 1 Samuel 8:17)
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To: HiTech RedNeck
King David finagled to let Uriah be killed,

Nope. Deliberately organized his killing.

Entirely different moral situation than accepting the fact that Disease Happens, and does NOT entitle you to stealing Other People's Money to prevent it.

70 posted on 08/30/2010 5:30:31 PM PDT by Christian_Capitalist (Taxation over 10% is Tyranny -- 1 Samuel 8:17)
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To: Christian_Capitalist
Who says that the Military is not organized for the very purpose of punishing Mass Murder? (i.e., an aggressive invader).

You create a manufactured scenario to support a bent biblical interpretation. There are many feasible military interventions short of your literal "punishment."

71 posted on 08/30/2010 5:31:06 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: Christian_Capitalist; BykrBayb; Coleus; narses; Salvation; cpforlife.org; EternalVigilance; ...
Funny how those who claim the "misinterpretation" of Scripture, have absolutely no Scripture to cite in defense of their own position.

Matthew 25:31-46. Find me an interpretation of that which suggests that it's acceptable to abandoned the sick and let them die.

72 posted on 08/30/2010 5:31:29 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: HiTech RedNeck
Your personal attack. Note there is no exception clause in JR’s rules. Follow them or leave.

Right. And you didn't flag his personal attack. Only my defensive response.
Which was, of course, completely hypocritical.

73 posted on 08/30/2010 5:31:53 PM PDT by Christian_Capitalist (Taxation over 10% is Tyranny -- 1 Samuel 8:17)
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To: Christian_Capitalist
If there had been no active enemy, no fatal finagling would have been possible.

And I am unimpressed by bold face.

74 posted on 08/30/2010 5:33:11 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: Christian_Capitalist

God has already spoken. I have no desire to pretend to know better than He. You may do so at your own risk.


75 posted on 08/30/2010 5:33:46 PM PDT by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: Christian_Capitalist

It does not excuse your mode of “argument” one whit.


76 posted on 08/30/2010 5:33:47 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: wagglebee
you didn't read the article

quote “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 spent 3 WEEKS on a ventilator... that means he was in something like critical care unit or ICU for 3 WEEKS, the bill could of been 100’s of thousands of dollars, and as his legal guardians... they could be liable for payment of those costs.

77 posted on 08/30/2010 5:33:50 PM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: wagglebee
Matthew 25:31-46. Find me an interpretation of that which suggests that it's acceptable to abandoned the sick and let them die.

I didn't.

I'm saying, the Bible does not authorize you to Steal Other People's Money in order to try to prevent disease.

Feel free to give all of your own money, as you feel led by the Lord to do.

78 posted on 08/30/2010 5:34:38 PM PDT by Christian_Capitalist (Taxation over 10% is Tyranny -- 1 Samuel 8:17)
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To: metmom

Well said, metmom!


79 posted on 08/30/2010 5:34:38 PM PDT by Grizzled Bear (Does not play well with others)
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To: TexasFreeper2009

>>... they could be liable for payment of those costs. <<

Um, he has Down’s Syndrome. Which means he is on SSI and Medicaid.

Which costs are they liable for?


80 posted on 08/30/2010 5:35:36 PM PDT by netmilsmom (I am inyenzi on the Religion Forum)
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