In re Guardianship of Tschumy

A court-appointed guardian had the power to consent to necessary medical treatment for a ward under Minn. Stat. 524.5-313(c)(4)(k). Although all parties agreed that it was in the ward’s best interests to remove him from life-sustaining treatment, the guardian argued that court approval was not required before he could consent to remove the ward from life support systems. The district court concluded that guardians do not have the power to direct the removal of life support without prior court approval. The court of appeals reversed, concluding that the medical-consent power granted to a guardian under section 524.5-313(c)(4) includes the power to authorize disconnection of a ward’s life-support systems without authorization from the district court. The Supreme Court affirmed, holding that the power of a guardian to consent to necessary medical treatment for a ward under the statute includes the power to consent to the removal of a ward from life support systems, without court approval, when all interested parties agree that removal is in the ward’s best interest. View "In re Guardianship of Tschumy" on Justia Law

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