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Task force approves dementia-directive language; LSO will advance draft to legislature
Summary
A draft amendment to Wyoming’s advanced health care directive definition to explicitly include dementia directives (25LSO216) passed the task force by roll call. Supporters said the change clarifies families’ and clinicians’ authority to make staged care decisions in progressive cognitive decline.
The Mental Health & Vulnerable Adult Task Force voted to approve a Legislative Service Office bill draft (25LSO216) that modifies the definition of “advanced health care directive” to clarify that dementia directives are included.
Proponent Tom (identified in testimony as the bill sponsor) told the task force the change is limited to definitions: "This bill simply proposes to expand the definition of advanced health care directive to include dementia directives. It's a pretty simple bill." Supporters said the language aims to make explicit that people diagnosed with dementia may prepare instructions that address care during progressive stages of the disease.
An education witness for estate-planning attorneys, Terena Stid of the American Academy of Estate Planning Attorneys, told the group that Supreme Court decisions support an individual’s constitutional right to refuse life‑prolonging nutrition and hydration. “The United States Supreme Court said, without equivocation, that a competent person has a constitutionally protected right to refuse lifesaving hydration and nutrition,” Stid said, describing case law that lawyers and clinicians consult when advising families.
Why it matters: Task force members said dementia directives can help families, clinicians and judges follow the wishes of patients who progressively lose decision‑making capacity. The draft leaves the operative statutes for advanced directives intact and focuses on clarifying that dementia-oriented instructions—potentially staged for early/mid/late disease—are part of advanced health care directives.
Vote and procedural steps
The committee conducted a roll call on 25LSO216. The clerk reported the vote as nine ayes and one excused; the motion carried. Officials noted LSO will determine committee referral for the bill draft; Labor & Health was suggested as a likely next committee but the chair reserved final committee assignment.
Discussion and staff guidance
LSO staff explained the draft amends Wyoming Statute 35-22-402(a)(1) (definition of advanced health care directive) to add that the term includes dementia directives and provided a staff note that codifying stages in statute could risk inflexibility as medical practice evolves. Sponsor testimony accepted that point and suggested simple definitional language to clarify that directives can address “each stage of dementia” without embedding specific stage descriptions in statute.
Ending
Task force members thanked witnesses and moved 25LSO216 forward. LSO recorded the draft as recommended and the task force will forward the approved language for committee referral and possible introduction in the upcoming legislative session.
