Dealing with issues surrounding end-of-life care for a loved can be very stressful. In certain cases, individuals may not be able to make medical decisions for themselves during this critical time period. If no arrangements have been made to select a guardian under these circumstances, then a court may step in and do so.
Those who are granted powers of guardianship might be faced with difficult medical decisions, particularly if there isn’t pre-designated guidance from the ward. Not long ago, the Minnesota State Supreme Court heard a very sensitive case that explores the extent of powers granted to guardians under state law.
The case currently being decided by Minnesota’s top court involves a 57-year-old man who was put on life support after he suffered severe brain damage from a choking incident in 2012. Prior to that incident, the man was made the ward of a guardian in 2008 due to a pre-existing mental disability.
After the choking incident, a health care facility filed a claim in court to have the man removed life support, in addition to clarifying whether a guardian or court has the power to make that decision. Initially, a judge granted the order to remove the man from support, but restricted guardians from the power to make end-of-life decisions. Eventually, the case was appealed all the way to the state supreme court.
State law grants guardians the authority to provide consent for medical procedures, but the court is determining whether or not the law has limits.
Of course, these kinds of difficult decisions can be made easier by advance health care directives. A person can specify whether or not they would like to remain on life support. This directive can provide the kind of guidance a guardian can turn to in the midst of a critical decision, while knowing the individual’s wishes will be respected.
Cases involving guardianship and important medical decisions aren’t always simple, which is demonstrated in this instance. Namely, the man at the center of the case had a mental disability prior to being put on life support. Would this fact have impacted his ability to create an advance directive? This is the kind of tough question an estate planning attorney can help explore.
Source: Minneapolis Star Tribune, “Minnesota Supreme Court ponders guardians’ role,” David Chanen, Feb. 3, 2014