Articles

The Family Health Care Decisions Act Should Apply To End Of Life Decisions For Persons Who Are Intellectually Disabled

Swidler, Robert N.

New York's Family Health Care Decisions Act governs decisions for most patients who lack capacity and who did not decide in advance or appoint a health care agent. But it does not cover end-of-life decisions for developmentally disabled patients who lack capacity. This article explains the background of that carve-out and the harm that causes in clinical practice. It describes and supports a proposal by the New York State Task Force on Life and the Law to extend the FHCDA to cover decisions for this class of patients.

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Health Law Journal

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School of Professional Studies
Published Here
December 12, 2024