Medical treatment for older persons and persons with disabilities: 1990 developments. National Legal Center Staff

The United States Supreme Court reviewed cases involving eligibility standards for children with disabilities to receive Supplemental Security Income (SSI) benefits and a guardian's authority to withhold nutrition and hydration from a permanently disabled incompetent adult. The Americans with Disabilities Act, a major piece of civil rights legislation for persons with disabilities, promises to prohibit discrimination in all areas, including health services. Parents of infants with disabilities have appealed the dismissal of their claim under section 504 of the Rehabilitation Act alleging denial of beneficial medical treatment to their children on the basis of disability. State courts continue to examine the rights of competent and incompetent patients, including "mature minors," to forgo life-sustaining treatment, including nutrition and hydration. In 1990, forty states and the District of Columbia had "living will" legislation, and nineteen states and the District of Columbia had durable power of attorney for health care laws; however, the provisions of these laws vary from state to state.