Tschumy: Guardian Can Consent to Remove Life Support

court opinionThe Minnesota Supreme Court issued it’s long awaited opinion in the Tschumy case today, affirming the Court of Appeals decision that the power of a guardian to consent to necessary medical treatment for a ward under Minn. Stat. 524.5-313(c) (4)(i), inclues the power to consent to the removal of a ward from life support, without a separate court order/proceeding, if all interested parties agree that removal is in the ward’s best interest.

The Tschumy decision can be found here.

The decision, issued by Chief Justice Gildea, is 35 pages long.  Justice Anderson wrote a 9 page dissent.  Justice Stras wrote a 28 page dissent, which was joined in by Justice Page.

I will provide more in depth analysis of this important decision after I have the opportunity to read the opinion.

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