This website was conceived and designed to serve as a comprehensive source of information about the landmark California case of Conservatorship of Wendland.  The website was founded during the pendency of the case.

Robert Wendland died on July 17, 2001, but the Supreme Court proceeded to rule, given that the case raised, in the Court's words, "important issues about the fundamental rights of incompetent conservatees to privacy and life, and the corresponding limitations on conservators’ power to withhold life-sustaining treatment."

Interpreting California law in light of the relevant provisions of the California Constitution, the Supreme Court ruled that "a conservator may not withhold artificial nutrition and hydration from such a person absent clear and convincing evidence the conservator’s decision is in accordance with either the conservatee’s own wishes or best interest."

Read the decision.

Reactions to the decision:

Rose Wendland:

"I hope that nothing ever happens to any of the justices’ families because you know that old saying.  ‘What goes around comes around.’” 

"Those justices truly do not get it."

"They needed to go see Robert."

Note:  The Decision reveals that the justices watched  6 videotapes of Robert's therapy sessions.

Florence Wendland: 

"Robert's not here, but if he were, he'd be as pleased as we are."

 "I knew all along that the ruling would be in Robert's favor."

"The door is always open."

Commenting on whether or not her fractured family can ever heal in the aftermath of this momentous battle.

Katie Wendland:
(Robert's daughter)

“To even ask questions about his ability to think or make decisions is ridiculous and I don’t think the justices understood that.” 

Debra Hofer:
(Robert's sister)

"Because of this ruling, Robert did not die in vain."

Lawrence J. Nelson:
(Rose's attorney)

"It's the end of the line for this battle."

Commenting on whether or not an appeal to the U.S. Supreme Court on Rose's behalf is being contemplated.

"Your wishes, your values, the things you cared most about in life, maybe once those are lost, maybe life has no value. I think this opinion shows a profound disrespect for that."

Emphasis added.

James Braden
(Attorney appointed by the court to represent Robert)

"What do I really think?  I think that we lost this case today."

May 30, 2001 ~~ immediately following oral argument before the Supreme Court

"I think it's fortuitous that he's passed on."

"What they are concluding is that it's [the court's] job to err on the side of keeping a guy alive. They are just legislating."

 Janie Hickok Siess:
(Florence's attorney)

"The Third District Court of Appeal began its February 2000 decision with "[t]his is the hardest case."  This wasn't a hard case at all.  To me, this case always presented an issue easily resolved.  What Rose Wendland contemplated -- the removal of Robert's feeding tube -- was barbaric and horrific.  So I have never been able to understand people who characterized the decision the jurists were called upon to make as "agonizing" or "difficult."  The correct answer was, to me, always clear, unequivocal, and not even worthy of debate.

The decision rendered by the Supreme Court is indeed Robert's legacy --- and it is a legacy of life.  That's truly something to be thankful for and proud of."

Read Siess' entire statement

Dana Cody
(Executive Director, Life Legal Defense Foundation)

"We were elated by the decision because it will save the lives of many similarly situated individuals."

Even though the case is now concluded, this website will remain as an archive of information about the six-year battle which culminated in the Supreme Court's decision in favor of life.



Contact the site owners


Some graphics courtesy of

 

 

 

CONTENTS:

Media coverage of the Ca. Supreme Court decision

Robert's memorial service

The Legal Arguments

Trial Court

Appellate Court

Supreme Court

Comments

From the Wendland children

From the medical experts

From the disability community

What actually happens to a patient whose feeding tube is removed?

Wendland in the Media:

2001

2000
(the appellate decision)

1999

1998

1997
(trial court ruling: "Wendland to live")

Links to other sites:

Life Legal Defense Foundation

Not Dead Yet

International Anti-Euthanasia Task Force

Compassionate Healthcare Network

The Terri Schindler-Schiavo Foundation
Read about the courageous fight waged by Terri's parents to save her life