Guam § 91112 - Construction of Chapter, Characterization of Death Resulting

§ 91112. Construction of Chapter, Characterization of Death Resulting

from Decisions Made in Accordance with Chapter; Effect of

Declaration on Life Insurance or Annuities; Deliberate Acts or

Omissions to End Life.

(a) Death resulting from the withholding or withdrawal of a life-

sustaining treatment in accordance with this Act does not constitute, for any

purpose, a suicide or homicide.

(b) The making of a declaration pursuant to § 91103 does not affect in

any manner the sale, procurement, or issuance of any policy of life

insurance or annuity, nor does it affect, impair, or modify the terms of an

existing policy of life insurance or annuity. A policy of life insurance or

annuity is not legally impaired or invalidated by the withholding or

withdrawal of life sustaining treatment from an insured, notwithstanding

any term to the contrary.

(c) A person may not prohibit or require the execution of a declaration

as a condition for being insured for, or receiving, health care services.

(d) This Act creates no presumption concerning the intention of an

individual who has revoked or has not executed a declaration with respect to

the use, withholding, or withdrawal of life-sustaining treatment in the event

of a terminal condition or permanent conscious condition.

(e) This Act does not affect the right of a patient to make decisions

regarding use of life-sustaining treatment, so long as the patient is able to do

so, or impair or supersede a right or responsibility that a person has to effect

the withholding or withdrawal of medical treatment.

(f) This Act does not require any physician or other health care

provider to take any action contrary to reasonable medical standards.

(g) This Act does not condone, authorize, or approve mercy killing or

assisted suicide or permit any affirmative or deliberate act or omission to

end life other than to permit the natural process of dying.

(h) The rights granted by this Act are in addition to, and not in

derogation of, rights under any other statutory or case law.

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(i) A person shall be considered dead if, in the opinion of a physician,

based on ordinary standards of current medical practice, the person has

experienced irreversible cessation of spontaneous respiratory and

circulatory function. Death occurs when the irreversible cessation of said

functions first occurs. A registered nurse may pronounce death if the

patient’s anticipated death has been certified pursuant to Title 10 GCA