Law Struck Down that Established Means to Override Advance Directives and Involuntarily Medicate Individuals Civilly Committed or Imprisoned
Hargrave v. Vermont, 340 F.3d 27 (2d Cir. 2003)
The Second Circuit struck down a Vermont law that allowed the state to involuntarily medicate individuals who had been civilly committed or judged mentally ill while imprisoned, notwithstanding a pre-existing durable power of attorney (DPOA) for health care to the contrary. The Second Circuit ruled that such a law discriminated against individuals with a mental disability in violation of the Americans with Disabilities Act....