1. (a) In this Part III of this subtitle the following words have the meanings indicated.

2. (b) “Best interest” means that the benefits to the disabled person resulting from a treatment outweigh the burdens to the disabled person resulting from that treatment, taking into account:

   1. (1) The effect of the treatment on the physical, emotional, and cognitive functions of the disabled person;
   2. (2) The degree of physical pain or discomfort caused to the disabled person by the treatment, or the withholding or withdrawal of the treatment;
   3. (3) The degree to which the disabled person's medical condition, the treatment, or the withholding or withdrawal of treatment results in a severe and continuing impairment of the dignity of the disabled person by subjecting the individual to a condition of extreme humiliation and dependency;
   4. (4) The effect of the treatment on the life expectancy of the disabled person;
   5. (5) The prognosis of the disabled person for recovery, with and without the treatment;
   6. (6) The risks, side effects, and benefits of the treatment or the withholding or withdrawal of the treatment; and
   7. (7) The religious beliefs and basic values of the disabled person receiving treatment, to the extent these may assist the decision maker in determining best interest.
3. (c) “Life-sustaining procedure” means any medical procedure, treatment, or intervention used to sustain, restore, supplement, or supplant a spontaneous vital function in order to prevent or postpone the death of a disabled person.

4. (d) “Substituted judgment” means a determination by a court that a disabled person would, if competent, make the same health care decision regarding a life-sustaining procedure taking into account any information that may be relevant to the decision, including:

   1. (1) The current diagnosis, prognosis with and without the life-sustaining procedure, and life expectancy of the disabled person;
   2. (2) Any expressed preferences of the disabled person regarding the provision of, or the withholding or withdrawal of, the life-sustaining procedure at issue;
   3. (3) Any expressed preferences of the disabled person about the provision of, or the withholding or withdrawal of, life-sustaining procedures generally;
   4. (4) Any religious or moral beliefs or personal values of the disabled person in relation to the provision of, or the withholding or withdrawal of, life-sustaining procedures;
   5. (5) Any behavioral or other manifestations of the attitude of the disabled person toward the provision of, or the withholding or withdrawal of, the life-sustaining procedure;
   6. (6) Any consistent pattern of conduct by the disabled person regarding prior decisions about health care;
   7. (7) Any reactions of the disabled person to the provision of, or the withholding or withdrawal of, a comparable life-sustaining procedure for another individual; and
   8. (8) Any expressed concerns of the disabled person about the effect on the family or intimate friends of the disabled person if a life-sustaining procedure were provided, withheld, or withdrawn.

Added by Acts 1993, c. 372, § 2, eff. Oct. 1, 1993. Amended by Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010; Acts 2018, c. 12, § 1, eff. April 5, 2018.