In re Finn

HELD: State statute governing resuscitative decisions requires that (1) all persons be presumed to have capacity to make their own treatment decisions, and thus incapacity must be established by written determination of attending physician; failure to do so was sufficient basis to rescind DNR order requested by surrogate; (2) surrogate decision to request DNR order must be supported by the patient's current medical condition and fulfill statutory criteria; physicians' opinions regarding hypothetical future conditions and failure to support "medical futility" of treatment for patient did not support surrogate decision; and (3) statutory provision allowing surrogate to authorize DNR order on basis that resuscitative measures would pose an "extraordinary burden" for patient is unconstitutionally vague.