IN RE J.M.

Docket No. P-036-10

3 A.3d 651 (2010)

416 N.J. Super. 222

In the Matter of J.M. For Appointment of a Special Medical Guardian.

Superior Court of New Jersey, Chancery Division, Bergen County.

Decided February 4, 2010.


Attorney(s) appearing for the Case

JoAnn Pietro , Springfield, and Robin Goldfischer , Ridgewood, for petitioner, The Valley Hospital (Wahrenberger & Pietro, LLP, attorneys).

Janet B. Lurie , Hackensack, guardian ad litem for J.M. (Law Office of Janet B. Lurie, attorneys).

Carol Hawk , Montvale, for J.M. ( Rubenstein,   Meyerson , Fox , Mancinelli and Conte , attorneys).


KOBLITZ, P.J.Ch.

This case is distinctive in its facts, but similar to other emergent medical situations where the Chancery Court must make an immediate life or death decision regarding whether or not to limit an individual's right of self-determination. The analysis here is useful in providing one example of a path through the competing concerns which inform these decisions. In a situation where the hospital's own psychiatrists disagreed as to J.M.'s

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