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IN THE MATTER OF SPRING

380 Mass. 629 (1980)

405 N.E.2d 115

IN THE MATTER OF EARLE N. SPRING.

Supreme Judicial Court of Massachusetts, Franklin.

May 13, 1980.

Attorney(s) appearing for the Case

Mark I. Berson, guardian ad litem, pro se.

Marguerite M. Dolan for the petitioners.

George J. Annas & Leonard H. Glantz, for the American Society of Law & Medicine, Inc., amicus curiae, submitted a brief.

Lee J. Dunn, Jr., Nancy E. Ator, Patricia D. King, William H. Roach, Jr., Kenneth C. Robbins & Miles J. Zaremski, for the Illinois Association of Hospital Attorneys, amicus curiae, submitted a brief.

Ronald B. Schram, Michael J. Beautyman & Patrick R. Carroll, for the Massachusetts Hospital Association, Inc., amicus curiae, submitted a brief.

Stanley V. Ragalevsky, Karen J. Bloom & Thomas M. Reardon, for the Massachusetts Medical Society, amicus curiae, submitted a brief.

Jonathan Brant & Thomas F. O'Hare, for the Mental Health Legal Advisors Committee, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, LIACOS, & ABRAMS, JJ.

BRAUCHER, J.

Earle N. Spring, an incompetent person, was receiving life-prolonging hemodialysis treatment. On the petition of his wife and his son, who was his temporary guardian, a judge of the Probate Court found that the ward "would, if competent, choose not to receive the life prolonging treatment," and ordered the entry of judgment that "the ward's attending physician together with the ward's wife and son are to make the decision with reference to the continuance...

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