CALIFORNIA’S HIGH COURT DETERMINES DISABLED MUST BE GIVEN NUTRITION AND HYDRATION
August 10, 2001Contact: Dana Cody
Sacramento, CA
916.727.4396
In a decision rendered yesterday, a unanimous California Supreme Court made a decision that will save many lives. The court held that a conservator cannot withdraw food and fluids from cognitively disabled patients absent clear and convincing evidence that the patient would want otherwise. The Court reversed the Third District Court of Appeal, vindicating the trial court, which had held that clear and convincing evidence was the proper standard.
The court’s decision stemmed from a legal battle that has been raging for the past several years over the life of Robert Wendland, a cognitively disabled man who was given his food and fluids via a feeding tube. It was argued before the California State Supreme Court on May 30, 2001. "Since that time Robert has passed away but Robert’s death was not in vain," said Dana Cody, Executive Director of Life Legal Defense Foundation. LLDF is the non-profit organization that has funded the Wendland case on behalf of Florence Wendland, Robert’s mother. "We were elated by the decision because it will save the lives of many similarly situated individuals."
Attorney Janie Hickok Siess of Lodi, California, who represented Florence Wendland at oral argument in May said, "The trial court judge rendered his decision and qualified it by stating ‘I’m making the wrong decision for the right reasons.’ The California Supreme Court has sent the message that the trial court made the right decision for the right reasons."
For more information call Dana Cody at 916.727.4396.