Conservatorship of Wendland

In this case we consider whether a conservator of the person may withhold artificial nutrition and hydration from a conscious conservatee who is not terminally ill, comatose, or in a persistent vegetative state, and who has not left formal instructions for health care or appointed an agent or surrogate for health care decisions. Interpreting Probate Code section 2355 in light of the relevant provisions of the California Constitution, we conclude a conservator may not withhold artificial nutrition and hydration from such a person absent clear and convincing evidence the conservator’s decision is in accordance with either the conservatee’s own wishes or best interest.

The trial court in the case before us, applying the clear and convincing evidence standard, found the evidence on both points insufficient and, thus, denied the conservator’s request for authority to withhold artificial nutrition and hydration. The Court of Appeal, which believed the trial court was required to defer to the conservator’s good faith decision, reversed. We reverse the decision of the Court of Appeal.

I. Facts and Procedural History

On September 29, 1993, Robert Wendland rolled his truck at…