i.        The parents wanted to stop artificial hydration and nutrition.
ii.        The Supreme Court said that there had to be clear and convincing evidence that she wished to die.
iii.        The 14th Amendment said that conscious patients had the right to make this decision.  Under these circumstances, there must be clear and convincing evidence that the patient wanted to be removed from the support.  This had to be provided by her guardians.  The state interest is such that they will set the standard by which this will be judged.
iv.        What kind of evidence would satisfy this?
1.        Some sort of statement before the accident that she would have wanted to die in this situation.
2.        An affidavit was taken from a friend here that she had stated that she would want to die.
v.        Most states now have addressed this statutorily.
1.        They have created instruments that patients can use ahead of time to express their wishes.
a.        Guardian ad litem
b.        Individual created advanced directive:
i.        Living will: will that is probated while the person is still living.  Define the circumstances in which you will be treated in certain ways.  Problem with this alone suggests that at one point, you can predict what you will want in however many years.
ii.        Durable power of attorney:  ahead of time, the patient will define someone to act on their behalf when they are incapacitated.  Keep in mind that normal power of attorney is deactivated when there is incapacitation.  Problem here is that you are leaving the decision to someone else.
iii.        It is recommended that both be done.  This allows the attorney to discuss with the doctor all of the options.  It is not an automatic.
vi.        Other issues under right to die:
1.        Euthanasia and suicide
a.        Oregon has a statute that does not permit the doctor to kill the patient but allows the doctor to give the patients the means to kill themselves.