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IN RE GUARDIANSHIP OF BROWNING

No. 88-02887.

543 So.2d 258 (1989)

In re GUARDIANSHIP OF Estelle M. BROWNING, Incompetent. Doris F. HERBERT, as the Guardian On Behalf of Estelle M. BROWNING, Incompetent, Appellant, v. STATE of Florida and Sunset Point Nursing Center, Appellees.

District Court of Appeal of Florida, Second District.

Motion for Clarification Denied May 3, 1989.

Attorney(s) appearing for the Case

George J. Felos of Felos & Felos, Dunedin, for appellant.

James T. Russell, State Atty., and C. Marie King, Asst. State Atty., Clearwater, for appellee State of Fla.

Michael C. Markham of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, for appellee Sunset Point Nursing Center.

Fenella Rouse and M. Rose Gasner, New York City, on behalf of amicus curiae Soc. for the Right to Die, Inc.

Giles R. Scofield, III, New York City, and William Trickel, Orlando, on behalf of amicus curiae Concern for Dying.

Robert Merkle, Clearwater, and James Bopp, Jr., Thomas J. Marzen, Mary M. Nimz, Daniel Avila, Teresa Kealy, and Joel M. Barkow, Indianapolis, Ind., on behalf of amicus curiae Ethics and Advocacy Task Force of the Nursing Home Action Group.

ALTENBERND, Judge.

Mrs. Browning's guardian appeals the order of the trial court denying her petition to terminate artificial life support. This case requires us to determine whether the guardian of a patient who is incompetent but not in a permanent vegetative state, and who suffers from an incurable, but not necessarily terminal condition, may exercise the patient's right of self-determination to forego sustenance provided...

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