Advance Care Planning
The fundamental right to self-determination is subject only to state’s compelling and overriding interest. Everyone has the right to be free from intrusion or coercion whether by the government or by society at large. A very important component of self-determination is the right to make choices regarding one’s health, including the right to refuse or stop unwanted medical treatment.
The Florida Supreme Court held in the case of Wons in 1989 that a competent practicing Jehovah’s Witness could exercise her constitutional right to refuse emergency blood transfusion, even if such refusal would result in death. In addition, the state Supreme Court also held in 1989, in the matter of Satz, that an individual suffering from a terminal condition was entitled to remove a mechanical respirator even if such removal would result in the person’s death. Further, the United States Supreme Court found in the case involving Cruzan in 1990, that a competent individual has the constitutional right to refuse medical treatment regardless of his or her medical condition.