§ 13-712. Substituted judgment; evidence

   (a) In general. -- The court may approve a request for the withholding or withdrawal of a life-sustaining procedure from a disabled person on the basis of a substituted judgment.

(b) Clear and convincing evidence required. -- The court may make a substituted judgment under subsection (a) of this section only on the basis of clear and convincing evidence that the disabled person would, if competent, decide to withhold or withdraw a life-sustaining procedure under the circumstances.

(c) Admissibility of evidence. -- Evidence of the intentions or wishes of the disabled person regarding the withholding or withdrawal of a life-sustaining procedure that might otherwise be inadmissible may be admitted, in the discretion of the court, if it is:

   (1) Material and probative; and

   (2) The best evidence available.

HISTORY: 1993, ch. 372, § 2; 2010, chs. 256, 257.