Supreme Court Digest: Sept. 17

Civil Opinions

Guardians – Medical Treatment

The question presented in this case was whether court approval is required before a guardian who has the power to consent to necessary medical treatment for a ward under Minn. Stat. sec. 524.5-313(c)(4)(i) may consent to remove the ward from life sustaining treatment when all the interested parties agree that such removal is in the ward’s best interests.  The District Court held that a guardian who possesses the medical consent power under Minn. Stat. sec. 524.5-313(c)(4)(i), cannot consent to the removal of a ward’s life support without prior court approval.  The Court of Appeals reversed, holding that unless otherwise limited by court order, a guardian given the statutory medical consent power has the authority to consent to the removal of life sustaining treatment without a separate order from the District Court. The Supreme Court affirmed, holding that, (1) even though this appeal may be technically moot, the court has jurisdiction to resolve the appeal because the matter raised was functionally justiciable and presented an important public issue of statewide significance that the court should resolve immediately; and (2) the power of a guardian to consent to necessary medical treatment for a ward under Minn. Stat. sec. 524.5-313(c)(4)(i) includes the power to consent to the removal of a ward from life support systems when all interested parties agree that removal is in the ward’s best interests. Affirmed.

A12-2179 In re Guardianship of Tschumy (Court of Appeals)

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Orders

Attorney Discipline – Disbarment

Rebecca Lee Lawler is disbarred.

A14-1281 In re Lawler

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