IN RE ESTATE OF GREENSPAN

No. 67903.

137 Ill.2d 1 (1990)

558 N.E.2d 1194

In re ESTATE OF SIDNEY GREENSPAN, a Disabled Person (Patrick T. Murphy, Public Guardian of Cook County and Guardian of the Person of Sidney Greenspan, Appellant, v. Andrew R. Gelman, Guardian ad litem for Sidney Greenspan, Appellee).

Supreme Court of Illinois.

Rehearing denied August 22, 1990.


Attorney(s) appearing for the Case

Patrick T. Murphy and Rebecca S. Kolleng, of the Office of the Public Guardian of Cook County, of Chicago, for appellant.

Andrew R. Gelman, of McBride, Baker & Coles, of Chicago, appellee pro se.

Duane D. Young, of Springfield, and James Bopp, Jr., Thomas J. Marzen, Mary M. Nimz, Daniel Avila, Teresa Kealy and Joel M. Barkow, of Indianapolis, Indiana, for amicus curiae Ethics and Advocacy Task Force of the Nursing Home Action Group.

Kirk B. Johnson, Edward B. Hirshfeld and Terrie A. Rymer, of Chicago, and Jack R. Bierig, Carter G. Phillips, Mark E. Haddad and Joseph R. Guerra, of Sidley & Austin, of Washington, DC, for amicus curiae American Medical Association.

Clarke D. Forsythe and Paul Benjamin Linton, of Chicago, for amicus curiae Americans United for Life Legal Defense Fund.

Walter M. Weber and C. Peter Thomas S. Cornell, of New Hope, Kentucky, for amicus curiae Free Speech Advocates.

Lawrence R. Samuels, of Ross & Hardies, of Chicago, and Fenella Rouse and M. Rose Gasner (Richard Wasserman, of Zavin, Sinnreich & Wasserman, of counsel), of New York, New York, for amicus curiae Society for the Right to Die, Inc.

Edward R. Grant, of Chicago, for amici curiae American Academy of Medical Ethics et al.


Judgment vacated; cause remanded.

JUSTICE STAMOS delivered the opinion of the court:

In this cause, Patrick T. Murphy, as public guardian of Cook County and guardian of the person of Sidney Greenspan, appeals from denial by the circuit court of Cook County of his petition for leave to order the discontinuance of artificial feeding and hydration of Mr. Greenspan. We vacate and remand.

On October 5, 1988, upon...

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