IN RE MARTIN

Docket Nos. 99699, 99700, (Calendar No. 10).

450 Mich. 204 (1995)

In re MARTIN MARTIN v. MARTIN

Supreme Court of Michigan.

Decided August 22, 1995.


Attorney(s) appearing for the Case

Irving M. Stahl, guardian ad litem, for Michael Martin.

Vlcko, Lane, Payne & Broder, P.C. (by Andrew J. Broder, Lynn Stevens Naoum, and Thomas F. Naughton), for Mary Martin.

Hess & Hess, P.C. (by John H. Hess and Daniel B. Hess), for Patricia Major and Leeta Martin.

Amici Curiae:

Ann E. Fade, and Anna Moretti Kavolius; Foster, Swift, Collins & Smith, of counsel (by Brian A. Kaser) for Choice In Dying.

Honigman, Miller, Schwartz & Cohn (by Michael A. Gruskin and Lee W. Brooks) for Michigan Health and Hospital Association.

Stewart R. Hakola, Calvin A. Luker, and Lisa K. Gigliotti, for Michigan Protection and Advocacy Service, American Disabled for Assistant Programs Today, Association for Community Advocacy, ARC Michigan, Autism Society of Michigan, Disability Network, Disability Rights Bar Association, and United Cerebral Palsy of Michigan.

James W. Kraayeveld, James Bopp, Jr., Thomas J. Marzen, Daniel Avila, John Altomare, and Jane E.T. Brockmann, for National Legal Center for the Medically Dependent and Disabled, Inc.

Kerr, Russell & Weber (by Richard D. Weber and Joanne Geha Swanson) for Michigan State Medical Society.


MALLETT, J.

We granted leave in this case to consider whether life-sustaining treatment in the form of a gastrostomy tube that provides nutritive support should be removed from a conscious patient who is not terminally ill or in a persistent vegetative state, but who suffers from a mixture of cognitive function and communication impairments that make it impossible to evaluate the extent of his cognitive deficits.1

The trial court...

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