| Statutory Citations |
Missouri |
Missouri Life Support Declarations Act [1985], Mo. Ann. Stat. §§459.010 to 459.055. web link to statute
Missouri Durable Power of Attorney for Health Care Act [1991, 1992], Mo. Ann. Stat. §§404.800 to 404.872.
Documents
Free advance directive documents and instructions from Partnership for Caring.
| Case |
Cruzan v. Harmon, 760 S.W.2d 408 (Mo. 1989). See also Cruzan v. Director (U.S. Supreme Court: 1990) |
| Court |
Missouri Supreme Court |
| Year |
1989 |
| Patient (age) |
Nancy Cruzan (31) |
| Nutrition + hydration |
Gastrostomy |
| Mental capacity |
Persistent Vegetative State (PVS) |
| Decision maker(s) |
Joe and Joyce Cruzan (parents) |
| Setting |
Missouri Rehabilitation Center (Mount Vernon, MO) |
| Patient's Wishes |
Cruzan's parents indicated that their daughter would not want to be kept alive in her current circumstance. |
| Court's Decision |
The court departed sharply from other courts in the country (before and since) in at least two ways. First, it found no sustainable right to privacy (either in the Missouri Constitution, or in the U.S. Constitution) which would support the withdrawal of life-sustaining treatment from an incompetent patient absent any clear and convincing evidence of the patient's wishes. Second, it declared artificial nutrition and hydration to be ordinary medical care that must be provided in almost all circumstances. It also found that the state's interest in preserving life were absolute, unqualified, and "particularly valid in Nancy's case because she is not terminally ill."
|
| Outcome |
Nancy Cruzan's parent appealed this decision to the U.S. Supreme Court, which yielded an ambiguous ruling (see Cruzan v. Director), but one that gave the parents enough leeway to go back into court in Missouri. They were granted permission to withdraw tube feeding at the trial court level after further testimony about Nancy's desire not to be kept alive as a "vegetable" was heard from friends of Nancy who had not previously testified. Nancy Cruzan's feeding tube was removed and she died peacefully several days later, on December 26, 1990. |
| Citation |
Partnership for Caring, Inc. (2001), Fact Sheet, Cruzan v. Harmon. |
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