| Statutory Citations | Kentucky |
Documents
Free advance directive documents and instructions from Partnership for Caring.
| Court Cases |
Kentucky |
| Case | DeGrella v. Elston, 858 S.W.2d 698 (Ky. 1993). |
| Court | Kentucky Supreme Court |
| Year | 1993 |
| Patient (age) | Martha Sue DeGrella |
| Nutrition + hydration | Gastrostomy |
| Mental capacity | Persistent Vegetative State (PVS) |
| Decision maker(s) | Mother, who died while case was on appeal, replaced by a brother, Joseph Elston |
| Setting | A Kentucky nursing home |
| Patient's Wishes | Before the mother died, she argued that her daughter would not want to be kept alive in her present condition. She based this opinion on prior oral statements as well as on Martha Sue's general values and beliefs. |
| Court's Decision |
The trial court determined that the mother had made a compelling "substituted judgment" argument, and the Supreme court accepted the lower courts finding on its face. It argued that the right to self-determination -- including the right to forgo artificial nutrition and hydration -- was grounded in common law. The court also backed the right of a close family member to make medical treatment decisions on behalf of an incompetent patient (also supported by common law). |
| Outcome | Shirley Crater's feeding tube was removed and she died six days later. |
| Citation | Partnership for Caring, Inc. (2001), Fact Sheet, DeGrella v. Elston. |
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