Best Interests Analysis

A paternalistic stance on physician-assisted suicide, which would allow physicians to act in the ‘best interests of a patient'—e.g., euthanise terminally ill patients who did not consent thereto
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67) Among the states that have acted, many fail to provide guidance on the consideration courts should give to deployments in change of circumstances determinations and/or best interests analysis.
130) Subsequently, New York has essentially codified the circumstances of Diffin II--deployments alone are a per se "change in circumstance" justifying modification proceedings; and judges have full discretion to determine what weight to give deployments in their best interests analysis.
Continual litigation of initial custody determinations is more likely because an argument can always be made for modification under the subjective best interests analysis.
The best interests analysis has been assessed as "too discretionary and unpredictable to provide guidance to courts and litigants and too vague to guard against the risk of arbitrary decision-making.
1) Neither deployments nor the immediate consequences of deployment, to include temporary disruption to children before, during, or after the period of deployment, may be considered in change of circumstance determinations and best interests analysis conducted during permanent child custody modification proceedings.
The best interests analysis is complicated because every course of treatment will normally involve risks as well as benefits, and various treatment alternatives will often be available.
However, once the physicians decided to involve the Court, the Court felt free to substitute its own best interests analysis for that of the parents and came to the conclusion that the operation should be carried out, with the consequence that one of the twins was killed during the operation and the life of the other twin saved.
The difference between therapeutic and non-therapeutic treatment is important for the best interests analysis.
The best interests analysis is different where sterilisation is suggested for therapeutic purposes, for example to remove a cancerous uterus.
27) In such cases, a particularly careful best interests analysis is required to protect the interests of the child.
However, it is not obvious that the same considerations apply in cases in which the court only gets involved because the physician disagrees with the best interests analysis performed by the parents.
Since these children get some pleasure (however primitive) out of living and suffer no pain, any best interests analysis would insist that any newborn who can confidently be predicted to have such a future should have its life prolonged, even by invasive or aggressive means.