Court: Life support decision didn't need judge's approval
Law Firm News
A judge was wrong to conclude that court approval is needed for a guardian’s request to remove a woman from life support, the New Hampshire Supreme Court said in an opinion released Wednesday.
The 69-year-old woman, identified as “L.N.,” was admitted to Concord Hospital in 2018 after suffering a stroke. Doctors said damage to her brain was irreversible.
L.N.’s court-appointed guardian said while L.N. never specifically stated her end-of-life preferences, the two had discussed the subject in general. The guardian’s sense was that L.N. would want to be allowed to have a natural death.
A circuit court judge ruled the guardian would need prior court approval before deciding to end L.N.’s life support. The judge also said a question remained as to whether L.N. would regain an ability to communicate. The guardian appealed.
State law doesn’t specifically mention life-sustaining treatment requiring a judge’s prior approval. The supreme court concluded the guardian’s general authority includes the decision to end life support, in appropriate circumstances.
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