MATTER OF PETER BY JOHANNING


108 N.J. 365 (1987)

529 A.2d 419

IN THE MATTER OF HILDA M. PETER, BY HER GUARDIAN, EBERHARD JOHANNING.

The Supreme Court of New Jersey.

Decided June 24, 1987.


Attorney(s) appearing for the Case

Nicholas E. Caprio and Donald S. Goldman argued the cause for appellant, Hilda M. Peter, by her guardian Eberhard Johanning (Harkavy, Goldman, Goldman & Caprio, attorneys).

Steele R. Chadwell, General Counsel, argued the cause for respondent, Office of the Ombudsman for Institutionalized Elderly of the State of New Jersey (Steele R. Chadwell, attorney; James E. Madden and Louis G. Karagias, on the brief).

John R. Heher submitted a brief on behalf of amicus curiae New Jersey Hospital Association (Smith, Stratton, Wise, Heher & Brennan, attorneys; John R. Heher and Wendy L. Mager, on the brief).

Fenella Rouse and Elena N. Cohen, members of the New York bar, and Jo Anne C. Adlerstein submitted a brief on behalf of amicus curiae Society for the Right to Die, Inc. (Stern, Dubrow & Marcus, attorneys).


The opinion of the Court was delivered by GARIBALDI, J.

This appeal requires us to set forth the guidelines under which a life-sustaining nasogastric tube may be withdrawn from a sixty-five-year-old nursing home patient who is in a persistent vegetative state with no hope of recovery, but is not expected to die in the near future.

Hilda Peter was a secretary at Irvington General Hospital. From 1982 until she became incapacitated, she lived with her close friend...

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