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Daughter fights dad's living will

Updated: Thursday, 17 Jan 2013, 7:14 AM EST
Published : Thursday, 17 Jan 2013, 7:14 AM EST

NOBLESVILLE, Ind. (AP) — A judge has ruled that a daughter cannot force doctors to resume treatment of her ailing father, who said years ago he didn't want his life to be prolonged by artificial means.

Susan Rissman told The Indianapolis Star that she still intends to fight her 88-year-old father's removal from life support, including a ventilator and a feeding tube.

Hamilton Superior Judge Steve Nation on Wednesday refused her request to appoint a guardian or order a review of St. Vincent Indianapolis Hospital's care of Paul G. Smith.

Nation ruled his care can be guided by a 2004 living will, though Rissman insists her father is still capable of making that decision for himself.

Rissman's attorney says the living will shouldn't have been invoked because Smith hasn't been declared incapacitated.

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