IN THE MATTER OF MOE


385 Mass. 555 (1982)

432 N.E.2d 712

IN THE MATTER OF MARY MOE.

Supreme Judicial Court of Massachusetts, Worcester.

March 16, 1982.


Attorney(s) appearing for the Case

Diane F. Paulson for the ward.

John S. McCann for the guardian ad litem.

Nowell P. Francis for the guardian.

Marjorie Heins, Jinnane S.J. Elder & John Reinstein, for Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.

David Engle, Darcy DuMont, Robert Weber, William Crane, Richard Howard, & Jonathan Brant for Mental Health Legal Advisers Committee & another, amici curiae, submitted a brief.

Susan Slaff & Raymond P. Bilodeau for Developmental Disabilities Law Clinic of Western New England College School of Law, amicus curiae, submitted a brief.

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


LIACOS, J.

The Probate Court for Worcester County appointed Ann Moe the guardian of her mentally retarded daughter, Mary Moe, on July 28, 1978. On April 1, 1980, the guardian petitioned the court, seeking an order permitting an abdominal tubal ligation (sterilization) to be performed on her ward. The petition alleged that although the ward is of legal age, she "is a mentally retarded person, whose chronological age does not conform with her emotional, intellectual...

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