Guam § 91101 - Legislative Findings and Intent.

§ 91101. Legislative Findings and Intent.

(a) The Legislature finds that an adult person has the fundamental right

to control the decisions relating to the rendering of his or her own medical

care, including the decision to have life-sustaining treatment withheld or

withdrawn in instances of a terminal condition or permanent unconscious

condition. This right extends to parents and other adults who are legally

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responsible for the well-being of patients who are unmarried,

unemancipated minors.

(b) The Legislature further finds that modern medical technology has

made possible the artificial prolongation of human life beyond natural

limits.

(c) The Legislature further finds that, in the interest of protecting

individual autonomy, such prolongation of the process of dying for a person

with a terminal condition or permanent unconscious condition for whom

continued medical treatment does not improve the prognosis for recovery

may violate patient dignity and cause unnecessary pain and suffering, while

providing nothing medically necessary or beneficial to the person.

(d) In recognition of the dignity and privacy that a person has a right to

expect, the Legislature hereby declares that the laws of the Territory of

Guam shall recognize the right of any adult person to make a written

declaration instructing his or her physician to withhold or withdraw life-

sustaining treatment in the event of a terminal condition or permanent

unconscious condition, in the event that the person is unable to make those

decisions for himself or herself.

(e) The Legislature further declares that, in the absence of controversy,

a court normally is not the proper forum in which to make decisions

regarding life-sustaining treatment.

(f) To avoid treatment that is not desired by a person in a terminal

condition or permanent unconscious condition, the Legislature declares that

this chapter is in the interest of the public health and welfare.

(g) The Legislature further finds that the family should be encouraged

to openly express their opinion and concerns with the individual. It

recognizes the importance family plays in supporting the decision of the

individual.

(h) The Legislature creates, recognizes and supports a patient’s right to

remove himself from a hospital or other facility upon certification of his

anticipated death by his attending physician.