Pennsylvania Court: Guardians Can't Pull the Plug on Mentally Disabled People

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

For fifteen years I have taken care of two dying elderly parents and the young nephew my sister abandonned.

Mom died five years ago and though defying cancer to a standstill, it was a lung infection that took her from us.

My nephew, after years of therapy due to abuse from his mom and her shack-up-studs, now has his high-school diploma (GPA 3.65) and is contemplating enlisting in the Air Force.

My dad is dying from Alzheimers and I am doing everything possible to keep him sane and alive for as long or longer than the doctors predict.

Unlike those who just talk and read about it, I try to live each day like a Christian.

Now, stop being snarky and insulting, wagglebee, ‘cause you’re trying to read between the lines of what I wrote, and you’re irritating the Hell out of me!

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.

Could being the operative word. They never claimed that they were.

YOU want to give the guardians powers they never had:

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.

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