Both active and passive euthanasia may be either voluntary or involuntary. Voluntary euthanasia occurs when the suffering incurable patient makes the decision to die. To be considered voluntary, the request or consent must be made by a legally competent adult and be based on material information concerning the possible ramifications and alternatives available. The term legally competent was addressed in a case concerning the right to refuse treatment, Lane v. Candura. The case involved a patient who twice refused to permit surgeons to amputate her leg to prevent gangrene from spreading. The patient’s daughter sought to be appointed as a legal guardian to enable her to consent to her mother’s surgery. The appellate court, finding no evidence indicating that Mrs. Lane was incapable of appreciating the nature and consequence of her decision, overturned the trial court’s holding of incompetence. Even though Lane’s decision ultimately would lead to her death, she was found to be competent and thus was allowed to reject medical treatment.
Involuntary euthanasia occurs when a person other than the incurable person makes the decision to terminate the life of the incurable person (i.e., in cases of an incompetent or nonconsenting competent person).
The patient’s lack of consent could be a result of mental impairment or a comatose state. Important value questions face courts grappling with making decisions regarding involuntary euthanasia, including:
• Who should decide to withhold or withdraw treatment?
• On what factors should the decision be based?
• Are there viable standards to guide the courts?
• Should criminal sanctions be imposed on a person assisting in ending a life?
• When does death occur?