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Terms Used In 10 Guam Code Ann. § 91102

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
As used in this chapter, unless the context otherwise requires:

COL092507
10 Guam Code Ann. HEALTH AND SAFETY
CH. 91 NATURAL DEATH ACT

(a) Anticipated Death means a death caused by life-limiting illness, infirmity, or disease, as certified by the attending physician that he discussed a prognosis of terminal condition with the patient and the patient’s family, and that the patient consented to a ‘No Resuscitation’ order or has executed a Declaration or an Advanced Directive to that effect.
(b) Attending physician means the physician who has primary responsibility for the treatment and care of the patient.

(c) Declaration means a writing executed in accordance with the requirements of subdivision (a) of § 91103.

(d) Health care provider means a person who is licensed, certified, or otherwise authorized by the laws of this Territory to administer health care in the ordinary course of business or practice of a profession.

(e) Life-sustaining treatment means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or an irreversible coma or persistent vegetative state. Life-sustaining treatment shall not include the administration of medication or the performance of any medical procedure deemed necessary to alleviate pain or for nutrition or hydration.

(f) Permanent unconscious condition means an incurable and irreversible condition that, within reasonable medical judgment, renders the patient in an irreversible coma or persistent vegetative state.

(g) Person means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(h) Physician means an individual licensed to practice medicine in the
Territory of Guam.

(i) Qualified patient means a patient 18 or more years of age who has executed a declaration and who has been diagnosed and certified in writing by the attending physician and a second physician who has personally examined the patient to be in a terminal condition or permanent unconscious condition.
(j) State means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

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10 Guam Code Ann. HEALTH AND SAFETY
CH. 91 NATURAL DEATH ACT

(k) Terminal condition means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death within a relatively short time.

SOURCE: Subsections (a-j) re-lettered to (b-k), respectively, and new subsection (a)
added by P.L. 29-008:5 (Sept. 7, 2007).