In the Matter of Nancy Ellen Jobes

Summary

The Supreme Court of New Jersey affirmed the trial court’s judgment except for the portion allowing the nursing home to refuse participation in withdrawing the feeding tube, holding that the nursing home may not impede the family’s exercised right to discontinue life‑sustaining treatment. The Court established procedural guidelines requiring two independent neurologists’ confirmation of a persistent vegetative state and affirmed that a patient’s right of self‑determination may be exercised by close family members through substituted judgment. The Court also reversed the trial court’s order permitting the nursing home to keep the patient on the tube pending transfer. Justice Handler’s concurring opinion agrees with the majority and stresses the need for further legislative guidance.