IN RE GRADY


85 N.J. 235 (1981)

426 A.2d 467

IN THE MATTER OF LEE ANN GRADY.

The Supreme Court of New Jersey.

Decided February 18, 1981.


Attorney(s) appearing for the Case

Herbert D. Hinkle, Deputy Public Advocate, argued the cause for appellant Public Advocate (Stanley C. Van Ness, Public Advocate, attorney; Herbert D. Hinkle and Nancy J. Geltman, Assistant Deputy Public Advocate, on the brief).

Andrea M. Silkowitz, Deputy Attorney General, argued the cause for respondent Attorney General (John J. Degnan, Attorney General of New Jersey, attorney; Michael R. Cole, Assistant Attorney General, of counsel).

Richard Kahn, Guardian Ad Litem, argued the cause for respondent Lee Ann Grady (Richard Kahn, attorney; Richard Kahn and John T. Byrnes, Jr., on the briefs).

William T. Cooper argued the cause for respondents Edward and Luanne Grady.

Cynthia M. Jacob submitted a brief on behalf of amicus curiae Mental Health Law Project (Norris, McLaughlin & Marcus, attorneys; Michael S. Lottman, a member of the Alabama bar and Judith E. Cohn, a member of the District of Columbia bar, on the brief).


The opinion of the Court was delivered by PASHMAN, J.

As once before in In re Quinlan, 70 N.J. 10, cert. denied, 429 U.S. 922, 97 S.Ct. 319, 50 L.Ed.2d 289 (1976), we again examine a disturbing paradox: how we can preserve the personal freedom of one incapable of exercising it by allowing others to make a profoundly personal decision on her behalf. In Quinlan this Court held that a comatose person kept alive...

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