GUARDIANSHIP OF D.C.

SJC-12390.

479 Mass. 516 (2018)

GUARDIANSHIP OF D.C.

Supreme Judicial Court of Massachusetts, Norfolk.

May 11, 2018.


Attorney(s) appearing for the Case

Michael C. Boyne ( Jessica L. Deratzian also present) for the hospital.

Karen Owen Talley , Committee for Public Counsel Services, for D.C.

Martin W. Healy , Thomas J. Carey, Jr. , John J. Ford , Mark A. Leahy , Edward Notis-McConarty , Jerry Cohen , & Wynn A. Gerhard , for Martin W. Healy & others, amici curiae, submitted a brief.

Present: GANTS, C.J., LOWY, BUDD, CYPHER, & KAFKER, JJ.


The issue presented in this case is whether a Probate and Family Court judge has the legal authority to allow a hospital's request to transfer a patient to a skilled nursing facility where the judge did not find the patient to be an "incapacitated person," as defined in G. L. c. 190B, § 5-101 (9), of the Massachusetts Uniform Probate...

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