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Statutory Citations
Virginia
Virginia Health Care Decisions Act [1983, 1988, 1989, 1991, 1992, 1994, 1997, 1998, 1999,
2000], Va. Code Ann. §§54.1-2981 to 54.1-2993.

 


Documents

Free advance directive documents and instructions from Partnership for Caring.


Court Cases
Virginia
Case Gilmore v. Annaburg Manor Nursing Home, Chancery No. 44386 (Va. Oct. 2, 1998).
Court Virginia Supreme Court
Year 1997
Patient (age) Hugh Finn (46)
Nutrition + hydration Gastrostomy
Mental capacity Persistent Vegetative State (PVS)
Decision maker(s) Michele Finn (wife)
Setting Annaburg Manor Nursing Home (Manassas, VA)
Patient's Wishes Michele Finn argued that her husband would not want to be kept alive in his condition. She was opposed in court by Finn's parents and brothers, who thought withdrawing nutrition and hydration would be contrary to Hugh Finn's religious beliefs.
Court's Decision

The Virginia Supreme Court affirmed the trial court ruling which found that Michelle Finn was the appropriate decision maker, that she was acting in good faith, and that she was making a legitimate decision based on what her husband would want if able to express his preferences. It agreed with the trial court that artificial nutrition and hydration was a medical procedure that could be withheld or withdrawn, like any other, and it explicitly noted that termination of artificial nutrition and hydration did not constitute mercy killing or euthanasia, but that such action merely permitted the the natural process of dying to proceed.

Outcome Hugh Finn's tube feeding was discontinued on October 1, 1998. He died peacefully eight days later.
Citation Partnership for Caring, Inc. (2001), Fact Sheet, Gilmore v. Annaburg Manor Nursing Home.
   

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