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Category: Surrogate Decisions & Guardianship

Why I Support the CRPD

This past week, the U.S. Senate voted to proceed with consideration of U.S.ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD).  With a two-thirds majority required to move to the next step, the cloture vote was 61 to 36, with 3 not voting. Not Dead Yet has not yet formally […]

NDRN’s Report Should Serve As a Call to Conscience for Health Care Providers

The recommendations contained in the National Disability Rights Network’s (NDRN)report, “Devaluing People With Disabilities: Medical ProceduresThat Violate Civil Rights,” constitute nothing less than a call to conscience for health care providers who are withholding life-sustaining treatment without consent from people with disabilities who are not otherwise dying. Sometimes this is done at the request of […]

Important Legal Victory for People Under Guardianship in Pennsylvania

Last month, there was an important legal victory for people under guardianship in Pennsylvania.  The Supreme Court of Pennsylvania issued its ruling in the matter of D.L.H.  This appeal was made by the guardians of a man with developmental disabilities.  As reported in this 2009 blog entry, a lower court severely limited a guardian’s power […]

Update on Oral Argument in Pennsylvania Supreme Court Guardianship Case

Last week, this blog reported about scheduled oral arguments in front of the Pennsylvania Supreme Court regarding the limits on a guardian’s powers – specifically, whether or not guardians have the right to refuse life-preserving treatment – treatment needed to save the life of a person legally lacking decisionmaking capacity and who is neither dying […]

Pennsylvania: New Month, New Oral Arguments in a New State

Next week, the Pennsylvania Supreme Court will be hearing oral arguments in a case we reported on due to an earlier court ruling over a year ago(from the mailing sent out the the Disability Rights Network of Pennsylvania): Set forth below is a summary of an important new decision by the Pennsylvania Superior Court regarding […]

NY Case on Feeding Tube Withdrawal – Gary Harvey

Unfortunately, there’s an all-too-familiar scene playing that’s been playing out in Chemung County in New York. In January 2006, Gary E. Harvey had a heart attack and fell down a flight of stairs. The injuries left him permanently and severely disabled. Gary Harvey was placed in Chemung County Nursing Facility – and a familiar battle […]

Texas: David Coronado Breathing on His Own, Off Ventilator

About 3 weeks ago, this blog reported on the case of young David Coronado, a 6-month-old infant allegedly beaten severely by at least one of his parents. Initially, a court-appointed guardian planned to petition for removal of life-support. The scheduled hearing to hear the petition was cancelled due to unspecified “new information.” (We received detailed […]