Earlier this month, a Hennepin County District Court Judge addressed the questions, “Who has the power to decide if a person under guardianship should be allowed to die? Should it be the guardian …? Should it be the Court …?”
The issue arose after a 57-year old man who was mentally disabled and under guardianship choked on his food and could not be revived. He was declared severely brain damaged with little hope of recovery. The treating medical institution requested a ruling from the Court to allow the man to be removed from life support either through a court order or by clarifying that the man’s guardian had the authority to remove life support.
The Judge concluded that even though Minnesota law grants broad powers to guardians to consent to and withhold medical treatment, it does not specifically allow a guardian to remove life support. According to the decision, further legislative action is necessary to specifically grant this power to guardians. Until such time, guardians (who receive their power as a result of their Court appointment) must ask the court (who is ultimately responsible for safeguarding the welfare of the person under guardianship) for authorization to terminate life support absent a valid health care directive addressing end-of-life circumstances.
Photo: TimmyGUNZ
