This article will examine the problem of making medical decisions for those who cannot decide for themselves. Current models of decision making will be examined as well as various proposals for alternative dispute resolution. A proposed New York model will be examined in detail. As America enters the twenty-first century, it is imperative that its citizens formulate mechanisms of dispute resolution that protect the rights of the incompetent patients to dignity and autonomy when such persons are seriously ill and unable to decide for themselves. Alternative forms of dispute resolution may be superior to judicial intervention in meeting the needs of these persons.
Karen A. Butler,
Harvesters: Alternatives to Judicial Intervention in Medical Treatment Decisions,
1996 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1996/iss1/11