What rights does a competent adult have to refuse medical treatment, even treatment necessary to sustain life?

California, United States of America


The following excerpt is from Cal. Advocates for Nursing Home Reform v. Smith, 251 Cal.Rptr.3d 636, 38 Cal.App.5th 838 (Cal. App. 2019):

case deals with autonomy privacy, which has been recognized as bestowing upon a competent adult the right to refuse medical treatment, even treatment necessary to sustain life. ( Wendland , supra , 26 Cal.4th at p. 530, 110 Cal.Rptr.2d 412, 28 P.3d 151.) The right of privacy guarantees an individual the freedom to choose to reject, or refuse to consent to, intrusions of his or her bodily integrity. ( Id. at pp. 531-532, 110 Cal.Rptr.2d 412, 28 P.3d 151.) Under California law a "competent, informed adult has a fundamental right of self-determination to refuse or demand the withdrawal of medical treatment of any form irrespective of the personal consequences." ( Thor v. Superior Court (1993) 5 Cal.4th 725, 732, 21 Cal.Rptr.2d 357, 855 P.2d 375.)

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