Senate Bill 1090 Summary

• Allows developmentally disabled persons who are not legal respondents to consent to their own health care if they comprehend the need, nature, and significant risks involved.

• Permits advance directives (living wills, durable powers of attorney for health care, and POST forms) to be revoked by intentional destruction, written revocation, oral expression, or any action clearly manifesting intent to revoke.

• Establishes that advance directives may be suspended temporarily by written or oral expression, with conditions resuming upon meeting termination terms specified by the maker.

• Clarifies that there is a presumption in favor of cardiopulmonary resuscitation (CPR) unless the person has an effective advance directive, surrogate decision-maker wishes, or physician orders stating otherwise.

• Revises provisions in Chapter 66 regarding guardianships of developmentally disabled persons to allow guardians to consent to withholding or withdrawal of artificial life-sustaining procedures only under specific terminal or irreversible conditions certified by licensed independent practitioners.