[1][2] The Court recognized that patients unable to make a decision for themselves should receive special protection according to the right to life and right to privacy provided by the California constitution.

[2] After spending 16 months in a coma, Robert Wendland emerged with severe cognitive impairment, being unable to "swallow, control his bowels or bladder, communicate verbally or nonverbally, or act volitionally," but he was able to react to simple commands with much repetitive coaching.

[8] Because of this—and because of the serious consequences of the decision—the Court required the high standard of proof from a conservator in order to protect a person's right to life and right to privacy provided by Article I, Section 1 of the California constitution.

Attorney Jon Eisenberg, who submitted an amicus curiae brief in support of Rose and Robert Wendland, believed that the Court plainly intended its opinion to apply narrowly to the question before it, so that in such circumstances, physicians may withdraw life-sustaining treatment at the direction of family or friends who can show by preponderance of the evidence that this would coincide with the patient's wishes.

But Eisenberg's co-author, law professor Clark Kelso, believed that the opinion's reasoning compels the conclusion that clear and convincing evidence is required.