GUARDIANSHIP OF ROE


383 Mass. 415 (1981)

421 N.E.2d 40

GUARDIANSHIP OF RICHARD ROE, THIRD.

Supreme Judicial Court of Massachusetts, Franklin.

April 23, 1981.


Attorney(s) appearing for the Case

Thomas T. Merrigan, guardian ad litem.

Richard Cole & Robert Burdick, for patients at Boston State Hospital, interveners.

Stephen Schultz, Administrative and Legal Counsel to the Attorney General, for Commissioner of the Department of Mental Health, intervener.

Robert D. Fleischner, Marilyn J. Schmidt, Thomas F. O'Hare, Steven J. Schwartz, & Raymond P. Bilodeau, for Mental Health Legal Advisors Committee & others, amici curiae, submitted a brief.

Mark I. Berson & James M. Kessler, for the guardian, submitted a brief.

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


HENNESSEY, C.J.

The ultimate question we address in this case is whether the guardian of a mentally ill person possesses the inherent authority to consent to the forcible administration of antipsychotic medication to his noninstitutionalized ward in the absence of an emergency. We conclude that, absent emergency, antipsychotic medication may be administered forcibly to a ward only when ordered by a judge in accordance with...

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