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to the rendering of his or her own medical care, including the decision to have life-sustaining treatment withheld or withdrawn in instances of a terminal condition or permanent unconscious condition.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 COL092507 CH. 91 NATURAL DEATH ACT 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 lifesustaining 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.