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83 Ky. L.J. 733 (1994-1995)
Incompetents and the Right to Die: In Search of Consistent Meaningful Standards

handle is hein.journals/kentlj83 and id is 743 raw text is: Kentucky Law Journal VOLUME 83 1994-95 NUMBER 4 Incompetents and the Right to Die: In Search of Consistent Meaningful Standards BY MARK STRASSER* INTRODUCTION Competent patients have the right to refuse medical treatment including artificial nutrition and hydration, even if that refusal will ultimately lead to their deaths.' Incompetent patients are said to have the same rights as competent patients, although those rights obviously cannot be exercised m the same way.2 The particular mechanisms by which those rights can be exercised have generated some controversy, both m their substantive content and m the rationales used to justify their existence. Regrettably, the lack of a coherent rationale has led to a variety of competing and ultimately incompatible rationales and policies. The two most frequently discussed paradigms for medical decision- making for incompetents are substituted judgment and best interests. Regrettably, the standards are used inconsistently, both with respect to when and to how they are employed. This lack of consistency thwarts rather than promotes the goals which these standards are designed to N * Astant Professor, Capital Umversity Law and Craduate Center. B.A. 1977, Harvard College; Ph.D 1984, Umversity of Chicago; J.D. 1993, Stanford Law SchooL The author thanks George Cronhenn for his helpful discussions of these and related mssues. See nfjra notes 2-7 and accompanymg text. 2See infra notes 25-66 and accompanynug text.

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