| Statutory Citations | Maine |
Maine Uniform Health-Care Decisions Act [1985, 1990, 1991, 1995, 1999], Me. Rev. Stat. Ann. tit. 18-A, §§5-801 to 5-817.
Maine Powers of Attorney Act [1986, 1991, 1995, 1997], Me. Rev. Stat. Ann. tit. 18-A, §§5-501 to 5-506.
Documents
Free advance directive documents and instructions from Partnership for Caring.
| Court Cases |
Maine |
| Case | In re Gardner, 534 A.2d 947 (Me. 1987). |
| Court | Maine Supreme Judicial Cour |
| Year | 1987 |
| Patient (age) | Joseph Gardner (24) |
| Nutrition + hydration | Nasogastric tube |
| Mental capacity | Persistent Vegetative State (PVS) |
| Decision maker(s) | Mother and guardian |
| Setting | A Maine hospital |
| Patient's Wishes | Gardner's mother indicated that he had made general expressions of desire about not wanting to be kept alive by artificial means if he were ever in such a condition. |
| Court's Decision | The court ruled that even the general preferences expressed by Gardner were sufficient to establish his wishes according to the clear and convincing evidence standard of evidence. The court also required that the patient's condition be established by the same clear and convincing evidence standard (the court ruled that it was). The right to refuse treatment, or have it refused for someone by a trusted guardian, was found to be supported it he common law. It was also determined that artificially provided nutrition and hydration was a medical procedure which could be rejected like any other. None of the state's traditional interests in preserving life, preventing suicide, protecting innocent third parties, and safeguarding the credibility of the medical profession were found to be sufficient to counteract the patient's common law right to control his or her destiny. |
| Outcome | Joseph Gardner died on Christmas Day, 1987, eight days after his tube feeding with withdrawn. |
| Citation | Partnership for Caring, Inc. (2001), Fact Sheet, In re Gardner |
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| Case | In re Chad Eric Swan, 569 A.2d 1202 (Me. 1990). |
| Court | Maine Supreme Judicial Court |
| Year | 1990 |
| Patient (age) | Chad Swan (18) |
| Nutrition + hydration | Gastrostomy |
| Mental capacity | Persistent Vegetative State (PVS) |
| Decision maker(s) | Parents |
| Setting | Central Maine Medical Center (Lewiston, ME) |
| Patient's Wishes | Chad Swan's parent and brother filed affidavits claiming the Chad expressed clearly and explicitly that he would not want to be kept alive by artificial means before a car accident that left him in a PVS. |
| Court's Decision |
The court affirmed the lower court decision and allowed the parents to direct that tube feeding not be continued. In doing so, the court found that the parents met the "clear and convincing evidence" standard since Chad's comments about wanting to be allowed to die were made about specific cases where life-sustaining procedures were being used to sustain the lives of unconscious patients he knew or knew of. |
| Outcome | |
| Citation | Partnership for Caring, Inc. (2001), Fact Sheet, In re Chad Eric Swan. |
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