Protection of Incapacitated Persons Act of 2005

The Protection of Incapacitated Persons Act of 2005 (H.R. 1332) would allow federal courts to review state court decisions that authorize the removal of life-sustaining medical treatment, food, or fluids from an incapacitated person. Under this bill, a "next friend" or family member could transfer such a case to a U.S. District Court after state-level legal options are exhausted, provided there is no written advance directive from the patient clearly authorizing the withdrawal of care. The federal court would be required to conduct a fresh review of the case to determine if the patient’s constitutional rights were violated, regardless of previous state court rulings or procedural limitations.