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RASMUSSEN BY MITCHELL v. FLEMING

No. 2 CA-CIV 5622.

154 Ariz. 200 (1986)

741 P.2d 667

Mildred RASMUSSEN by Douglas P. MITCHELL, her Guardian ad Litem, Appellant, v. Robert FLEMING, Pima County Public Fiduciary, as Guardian for Mildred Rasmussen, Appellee.

Court of Appeals of Arizona, Division 2, Department A.

June 25, 1986.

Attorney(s) appearing for the Case

Douglas P. Mitchell, Tucson, pro se.

Robert B. Fleming, Former Pima County Public Fiduciary, Kate McMillan, Pima County Public Fiduciary by Alyce Pennington, Tucson, for appellee.

Fenella Rouse, Staff Atty., New York City, for amicus curiae Soc. for Right to Die, Inc.

OPINION

HOWARD, Presiding Judge.

This appeal arises out of a determination by the lower court that the guardian of an incapacitated person has the authority to refuse medical care for his or her ward.

While this case was on appeal, Mildred Rasmussen died of complications following pneumonia. It is within our discretion to decide questions which have become moot. Miceli v. Industrial Commission of Arizona, 135 Ariz. 71

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