Although the right to refuse medical treatment is universally recognized as a fundamental principle of liberty, this right is not always honored. A refusal can be thwarted either because a patient is unable to competently communicate or because providers insist on continuing treatment. To help enhance the patient's right to refuse treatment, many states have enacted so-called "living will" or "natural death" statutes. We believe the time has come to move beyond these current legislative models, and we therefore propose a Model Act that clearly enunciates an individual's right to refuse treatment, does not limit its exercise to the terminally ill or to heroic measures, and provides a mechanism by which individuals can set forth their wishes in advance and designate another person to enforce them.
KIE: The Legal Advisors Committee of Concern for Dying presents an explanation and the text of a "Right to Refuse Treatment Act," model legislation which goes beyond current "living will" and "natural death" statutes to enunciate any competent person's right to refuse medical treatment. The model act provides for an advance declaration of treatment preferences in the event of future incompetence and for the designation of another person who will ensure that the terms of the declaration are carried out for incompetent patients.