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ESTATE OF MAXEY v. DARDEN

No. 47737.

187 P.3d 144 (2008)

The ESTATE OF Avis MAXEY; Steven Kaminski, M.D., Individually, and as Special Administrator of the Estate of Avis Maxey; and Richard Kaminski, Appellants, v. Jon DARDEN, M.D.; EmCare of Nevada, Inc., d/b/a Doctors Emergency Medical Services; EmCare Physician Services, Inc., A Delaware Corporation; EmCare, Inc., A Delaware Corporation; Sec/EmCare Emergency Care, Inc., A Missouri Corporation; EmCare Silver, A Nevada Professional Corporation, d/b/a Doctors Medical Services, Inc., Respondents.

Supreme Court of Nevada.

July 3, 2008.

Attorney(s) appearing for the Case

Law Office of William R. Brenske and William R. Brenske and Jennifer R. Lane, Las Vegas, for Appellants.

Alverson, Taylor, Mortensen & Sanders and David J. Mortensen and Matthew W. Hoffmann, Las Vegas, for Respondents.

BEFORE HARDESTY, PARRAGUIRRE and DOUGLAS, JJ.

OPINION

By the Court, HARDESTY, J.:

In this appeal, we consider, for the first time, multiple sections of Nevada's Uniform Act on Rights of the Terminally Ill (the Act), codified in NRS 449.535 through 449.690. The Act authorizes the use of three procedures by which terminally ill patients or their families can legally implement their wishes with regard to withholding or withdrawing life-sustaining treatment. First, an individual may execute a declaration...

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