Selected Definitions
A "declaration" is a writing executed in accordance with the statutory requirements.
"Life prolonging treatment" is any medical procedure, treatment, or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying and where, in the judgment of the attending physician, death will occur whether or not the treatment is utilized. "Life prolonging treatment" does not include the provision of appropriate nutrition and hydration or the performance of any medical procedure necessary to provide comfort care or alleviate pain; or medical procedures, treatment, or intervention performed in an emergency, pre-hospital situation.
A "qualified patient" is a person eighteen or more years of age who has executed a declaration and who has been determined by the attending physician and another physician who has personally examined the patient to be in a terminal condition.
A "terminal condition" is an incurable or irreversible condition that, without the administration of life prolonging treatment, will result, in the opinion of the attending physician, in imminent death. "Terminal condition" does not include any form of senility, Alzheimer's disease, mental retardation, mental illness, or chronic mental or physical impairment, including comatose conditions that will not result in imminent death.
Form of Declaration
A declaration must be substantially in the statutory form. It may include additional specific directives. The invalidity of any additional specific directives does not affect the validity of the declaration.
When Declaration Effective
A declaration becomes operative when it is communicated to the attending physician, and the declarant is determined by the attending physician and another physician to be in a terminal condition and no longer able to make decisions regarding administration of life prolonging treatment.
Revocation
A declaration may be revoked at any time and in any manner by the declarant, provided the declarant is competent, including by:
(1) A signed, dated writing;
(2) Physical cancellation or destruction of the declaration by the declarant or another in the declarant's presence and at the declarant's direction; or
(3) An oral expression of intent to revoke.
A revocation is effective upon communication to the attending physician or other health care provider by the declarant.
The attending physician or other health care provider must make the revocation a part of the declarant's medical record.
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Revocation of Statutory Declaration - Living Will
