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Abstract: 

Affirming its jurisdiction over matters that are important public issues of statewide significance, a Minnesota appellate court asked whether the power given to guardians over their ward’s necessary medical treatment under Minn. Stat. § 524.5-313(c)(4)(i)(2012) includes the power to remove medical treatment. In this case, a guardian sought to discontinue his ward’s life-sustaining treatment without first seeking a court order. (In re Guardianship of Tschumy,853 N.W.2d 728[Minn. 2014]). A district court ruled that Minnesota law, which granted guardians broad latitude to authorize care, did not extend similarly broad powers to discontinue care, and the guardian appealed the ruling. The appellate court’s ruling, which found for the guardian, is analyzed here.

Keywords: Removal of life support; restrictions on guardian powers

Affiliations:  1: John Jay College and Fordham Law School.