Judge Quam of the Hennepin Count District Court, Minnesota, issued a controversial Order today on whether Minnesota guardians can terminate life support.
Below is a some of the highlights of the Order:
“Minn. Stat. § 524.5-313 grants broad power to guardians to consent to
necessary medical treatment on behalf of their wards, but it does not specifically
convey the power to terminate life support. Hopefully, the Legislature or higher
judicial authority will definitively determine who can make end-of-life decisions,
and how those decisions must be made. Until that time, this Court concludes that
guardians under the Court’s jurisdiction must ask the court for authorization to
terminate life support when there is not a valid health care directive addressing
end-of-life circumstances.”
Click on this link for a copy of the Guardian can’t terminate life support Order.
At least at this point in time, any guardianship lawyer in Minnesota who deals with guardians and or conservators should be aware of this Order. Interestingly, I am currently working on a case for a client whose elderly mother has recently dealt with this issue. Whether you agree with the opinion or not, there is no doubt that this is an important issue.
