2nd Circuit Overrules Vermont State Law on Forced Medication

On Friday the 2nd U.S. Circuit Court of Appeals struck down a portion of a 1998 Vermont state law known as Act 114, which established a process by which certain mentally ill Vermonters could be involuntarily medicated. The federal appeals court upheld an earlier district court decision, ruling that a section of Act 114 was discriminatory. That portion involved the rights of patients who sign a durable power of attorney (DPOA), which include instructions for their care, while they are still deemed competent.

It seems to be that if you have a durable power of attorney, the state is now far less able to ignore your wishes, and simply drug you up.

An injunction already has been in place barring the state from enforcing the portion of Act 114 involving patients who have prepared a durable power of attorney.

The full decision is docket number 02-7160 and is available online at the 2nd Circuit Website