CONSERVATORSHIP OF WENDLAND

No. S087265.

110 Cal.Rptr.2d 412 (2001)

26 Cal.4th 519

28 P.3d 151

CONSERVATORSHIP OF the Person of Robert WENDLAND. Rose Wendland, as Conservator, etc., Petitioner and Appellant, v. Florence Wendland et al., Objectors and Respondents; Robert Wendland, Appellant.

Supreme Court of California.

Rehearing Denied September 26, 2001.


Attorney(s) appearing for the Case

Law Offices of Lawrence J. Nelson and Lawrence J. Nelson, San Francisco, for Petitioner and Appellant, Rose Wendland.

Law Offices of James M. Braden, James M. Braden, San Francisco, James T. Diamond, Jr., Oakland, and Pamela J. Sieux, San Francisco, for Appellant Robert Wendland.

Horvitz & Levy, David S. Ettinger and Jon B. Eisenberg, Encino, for Alliance of Catholic Health Care, California Healthcare Association, California Medical Association, Catholic Healthcare West, Mercy Heathcare Sacramento, San Francisco Medical Society and 43 Individual Bioethicists, Margaret C. Crosby, San Francisco, for American Civil Liberties Union, Catherine I. Hanson and Alice P. Mead, San Francisco, for California Medical Association, Vicki Michel, Terri D. Keville, Stanton J. Price, Ila Rothschild and Cynthia Fruchtman, Los Angeles, for Los Angeles County Medical Association, Los Angeles County Bar Association Joint Committee on Biomedical Ethics and Los Angeles County Bar Association Bioethics Committee, as Amici Curiae, on behalf of all Appellants.

Brown, Hall, Shore & McKinley, Stockton, and Janie Hickok Siess, Lodi, for Objectors and Respondents.

Wesley J. Smith, Los Angeles, for Coalition of Concerned Medical Professionals, Rita L. Marker for Ethics and Advocacy Task Force of the Nursing Home Action Group, McKinley & Smith, Timothy M. Smith, Sacramento; and James Bopp, Jr., Terre Haute, IN, for the National Legal Center for the Medically Dependent & Disabled, Inc., Diane Coleman, Amy Hasbrouck, Somerville, MA; Public Interest Law Center of Philadelphia, Max Lapertosa, Los Angeles and Stephen F. Gold, Philadelphia, PA, for Not Dead Yet, Adapt, Self-Advocates Becoming Empowered, the ARC, Brain Injury Association, Inc., Center for Self-Determination, the Center on Human Policy at Syracuse University, the Disability Rights Center, the National Council on Independent Living, the National Spinal Cord Injury Association and TASH, as Amici Curiae, on behalf of Objectors and Respondents.


WERDEGAR, J.

In this case we consider whether a conservator of the person may withhold artificial nutrition and hydration from a conscious conservatee who is not terminally ill, comatose, or in a persistent vegetative state, and who has not left formal instructions for health care or appointed an agent or surrogate for health care decisions. Interpreting Probate Code section 2355 in light of the relevant provisions...

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