GOOD QUESTION. I don't think this is the final draft -- I noticed
after I posted that this is the House Bill only (House and Senate have
to agree) --- but.... hmmm. Very good point.

Dana


On Sat, 19 Mar 2005 18:28:52 -0400, Jochem van Dieten
<[EMAIL PROTECTED]> wrote:
> Dana wrote:
> >
> >           (b) Subsection (a) does not apply in the case of a judicial
> > proceeding in which no party disputes, and the court finds, that the
> > incapacitated person, while having capacity, had executed a written
> > advance directive valid under applicable law that clearly authorized
> > the withholding or withdrawal of food or fluids or medical treatment
> > in the applicable circumstances.
> 
> Shouldn't "and the court finds" be "or the court finds"?
> 
> Jochem
> 
> 

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