Tuesday, February 10, 2009

Superior Court - IN RE: D.L.H., an incapacitated person

IN RE: D.L.H., an incapacitated person
No. 336 MDA 2008 2009 PA Super 25 Atlantic: 967 A.2d 971 Petition for Reargument Denied 4/16/2009 Filed: 2/10/2009

Appeal from the Order Entered January 24, 2008,
Court of Common Pleas, Cumberland County,
Orphan’s Division, at No. 21-02-293
Opinion by: ALLEN, J.
In a matter of first impression, this Court, inter alia, is asked to determine whether, under the facts of this case, the legal guardians of a life-long incompetent person can refuse life sustaining medical treatment on behalf of the incompetent. Additionally, this Court must decide if the incompetent’s common law right to refuse medical treatment, as vicariously asserted by the guardians, was infringed based upon the circumstances at bar.
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