Incapacitated Persons Legal Protection Act of 2005

The Incapacitated Persons Legal Protection Act of 2005 would allow federal courts to review cases where a state court has ordered the withdrawal of life-sustaining medical treatment, food, or fluids from an incapacitated person. It grants these individuals, or those acting on their behalf, the right to seek a writ of habeas corpus to challenge the legality of such orders in federal court. This legal protection would not apply if the individual had previously signed a clear, written advance directive or living will authorizing the withholding of treatment. The bill's primary impact would be to provide a federal layer of judicial oversight in end-of-life disputes where the patient's wishes are not documented in writing.