The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 19, 1984.
Decided January 17, 1985.
Attorney(s) appearing for the Case
William I. Strasser argued the cause for appellant, Thomas C. Whittemore, Guardian of Claire C. Conroy (Donohue, Donohue, Costenbader & Strasser, attorneys).
John J. DeLaney, Jr., argued the cause pro se as respondent Guardian ad Litem for Claire C. Conroy (John J. DeLaney, Jr., attorney; Young, Rose & Millspaugh, of counsel).
Joseph H. Rodriguez, Public Advocate, argued the cause pro se as intervenor-respondent (Joseph H. Rodriguez, attorney; Herbert D. Hinkle, Deputy Public Advocate and Linda J. Robinson, Assistant Deputy Public Advocate, on the briefs).
Mary K. Brennan, General Counsel, argued the cause for amicus curiae New Jersey Hospital Association (Mary K. Brennan and Sterns, Herbert & Weinroth, attorneys; Frank J. Petrino and Richard M. Hluchan, of counsel).
Amelia H. Boss submitted a brief on behalf of amici curiae former Commissioners and professional staff members of the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research.
Diane K. Smith and Toby S. Edelman, a member of the District of Columbia bar, submitted briefs on behalf of amicus curiae National Citizens' Coalition for Nursing Home Reform (Patrick N. Budd, Director, Legal Aid Society of Mercer County, attorney).
Stephen J. Foley submitted briefs on behalf of amici curiae John R. Connery, S.J., William E. May, William Smith, Benedict Ashley, O.P., the Student Ad Hoc Committee Against the War in Vietnam and the New Jersey Concerned Taxpayers (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys).
Charles C. Deubel, III, submitted a brief on behalf of amicus curiae The American Geriatrics Society (Deubel & Deubel, attorneys).
Elmer M. Matthews submitted a brief on behalf of amicus curiae New Jersey Catholic Conference.
Richard P. Maggi and Edward R. Grant, a member of the Pennsylvania bar, submitted a brief on behalf of amicus curiae New Jersey Right to Life Committee, Inc. (McDermott, McGee & Ruprecht, attorneys).
John E. Runnells, III, submitted briefs on behalf of amicus curiae Concern for Dying.
The Supreme Court of New Jersey.
The opinion of the Court was delivered by SCHREIBER, J.
At issue here are the circumstances under which life-sustaining treatment may be withheld or withdrawn from incompetent, institutionalized, elderly patients with severe and permanent mental and physical impairments and a limited life expectancy.
Plaintiff, Thomas C. Whittemore, nephew and guardian of Claire Conroy, an incompetent, sought permission to remove a nasogastric feeding tube, the primary conduit...
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