T·R
← Search

10 GCA § 91112

Construction of Chapter, Characterization of Death Resulting

Guam Code AnnotatedTitle 10 — Health and Safety
View official PDF ↗

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 lifesustaining 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. COL092507 CH. 91 NATURAL DEATH ACT

(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

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.