Minnesota Supreme Court to Hear Guardianship Issue

TheMinnesota Supreme Court will soon determine whether guardians can make the callto disconnect their wards from life support without a judge’s signoff.

Thecourt announced it will review In re theGuardianship of Jeffers J. Tschumy. Tschumy was a mentally disabled man who choked on food at age 57 andcould not be revived.  The district judgeauthorized the termination of life support, but denied the guardian’s requestto make that decision himself.  Hereasoned that although state law grants guardians the power to allow orwithhold medical care, it does not specifically allow the termination of lifesupport.

TheMinnesota Court of Appeals disagreed, reasoning that final authority does liewith guardians and the court should not dictate end-of-life decisions.  The Supreme Court ruling will be issuedwithin three months.

See Abby Simons, Minnesota Supreme Court Will Decide WhetherGuardians Can Make the Call on Life Support, Star Tribune, Oct. 18, 2013.