The 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 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.