• This is a political forum that is non-biased/non-partisan and treats every person's position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!

Judge rules that spouse has authority to remove partner's life support if there's no directive

Rogue Valley

Lead or get out of the way
DP Veteran
Joined
Apr 18, 2013
Messages
93,583
Reaction score
81,659
Location
Barsoom
Gender
Male
Political Leaning
Independent
Judge rules that spouse has authority to remove partner's life support if there's no directive

th

Ana and Juan Fernando Romero

MAR 12, 2018

A Los Angeles judge has ruled that a spouse in California is the presumptive healthcare decision maker when the partner is in a persistent vegetative state. Ruling in the case of a San Gabriel Valley man, Los Angeles Superior Court Judge Mary Thornton House said that in the event that there is no advance directive for a someone in a vegetative state, their partner can decide for them. California law, House noted in her ruling, has left "a gap" when it comes to this issue. The case involves Juan Fernando Romero, who suffered a lack of oxygen to the brain in May 2015 that left him in a persistent vegetative state at a San Gabriel Valley hospital. His wife, Ana Romero, in 2016 sought to remove his life support and feeding tube, saying he would never return from the vegetative state again. But his sister sued to gain control of the end-of-life decision from his wife.

The sister's attorneys argued in legal papers the wife did not have the right to make the decision under the law and lawmakers in setting out the law had emphasized family consensus. Her attorneys argued that her brother did not want to die and it was against his Roman Catholic belief that life is sacred. But House ruled the wife did have the right to make the decision for the father of their two young children, who is unresponsive to physical and psychological stimuli. "As his spouse, Ana is the presumptive healthcare surrogate for Juan Fernando in light of his incapacitation." House wrote. In the Romero case, the judge noted the Juan Fernando Romero had discussed with his wife the issue of not prolonging death. "Not one member of Juan Fernando's immediate family (mother, father, sisters) ever discussed with him what his wishes were if he was in a permanent vegetative state, bedridden, and unable to recover or communicate," House noted of the testimony. His brain function, she added, was limited to subcortical and that he would never recover.

I believe this ruling is as it should be. I urge everyone to draw up a Living Will and Power of Attorney documents at your earliest convenience.

A beautiful couple. Fate can be cruel. May he Rest in Peace.
 
Right decision. We don’t pick our families. We do pick our spouses. If anyone is going to make the call that ismwho it should be.
 
We have been trying get this through our adult children's heads. Plus custody of the children should the unthinkable happen.
 
Judge rules that spouse has authority to remove partner's life support if there's no directive

th

Ana and Juan Fernando Romero



I believe this ruling is as it should be. I urge everyone to draw up a Living Will and Power of Attorney documents at your earliest convenience.

A beautiful couple. Fate can be cruel. May he Rest in Peace.
Of course she had the right to make that decision.
I am curious what this gap is....I have worked Critical Care in California for over 3 decades and it has always been the spouse. Usually it is discussed amongst the family,, but it all boils down to the person who is the legal representative (spouse, DPOA, etc)

And for what it is worth, I have had Priests come in to give Sacrament of the Sick (last rights) to patients who are about to have life support terminiated, they are nothing but supportive of that decision. People interpret their faith/beliefs in different ways.

Q. When may medical therapies, procedures, equipment and the like be withheld or withdrawn from a patient.
A. The Catechism of the Catholic Church states,
2278. Discontinuing medical procedures that are burdensome, dangerous, extraordinary, or disproportionate to the expected outcome can be legitimate; it is the refusal of "over-zealous" treatment. Here one does not will to cause death; one's inability to impede it is merely accepted. The decisions should be made by the patient if he is competent and able or, if not, by those legally entitled to act for the patient, whose reasonable will and legitimate interests must always be respected.
The key principle in this statement is that one does not will to cause death. When a person has an underlying terminal disease, or their heart, or some other organ, cannot work without mechanical assistance, or a therapy being proposed is dangerous, or has little chance of success, then not using that machine or that therapy results in the person dying from the disease or organ failure they already have. The omission allows nature to takes its course. It does not directly kill the person, even though it may contribute to the person dying earlier than if aggressive treatment had been done

https://ewtn.com/morals/end-of-life.htm

I wish the family peace and hope at some point they can understand this decision was made from love and deeply understanding his views on life.
 
Judge rules that spouse has authority to remove partner's life support if there's no directive

th

Ana and Juan Fernando Romero



I believe this ruling is as it should be. I urge everyone to draw up a Living Will and Power of Attorney documents at your earliest convenience.

A beautiful couple. Fate can be cruel. May he Rest in Peace.

thought this was always the way it was.

When a person gets married, that removes the family members as the next of kin.

I didn't know this was a question.
I
 
I didnt realize that there had to be such a directive for a legal guardian or other legal representative. (ALtho I'm aware of them to make those decisions easier)

Is that in all states or just some?

Anyway, I am glad this had a compassionate (as could be) outcome.
 
Glad the court made the right decision. I second the notion that everyone should have a medical power of attorney form drawn up so it doesn't have to go this far.
 
Back
Top Bottom