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IN RE GUARDIANSHIP OF TSCHUMY

No. A12-2179.

853 N.W.2d 728 (2014)

In re the GUARDIANSHIP OF Jeffers J. TSCHUMY, Ward.

Supreme Court of Minnesota.

September 17, 2014.

Attorney(s) appearing for the Case

Michael J. Biglow , Law Offices of Michael J. Biglow, Minneapolis, MN, for appellant Jeffers J. Tschumy, ward.

Robert A. McLeod , Karla M. Vehrs , Lindsey E. Middlecamp , Lindquist & Vennum LLP, Minneapolis, MN; and Charles W. Singer , Minneapolis, MN, for respondent Joseph Vogel.

Lori Swanson , Attorney General, Nathan Brennaman , Deputy Attorney General, Saint Paul, MN, for amicus curiae State of Minnesota.

Diane B. Bratvold , Jennifer A. Lammers , Amie E. Penny Sayler , Briggs and Morgan, P.A., Minneapolis, MN and Benjamin Peltier , Saint Paul, MN; and Teresa Knoedler , Minneapolis, MN for amici curiae Minnesota Hospital Association and Minnesota Medical Association.

OPINION

GILDEA, Chief Justice.

The question presented in this case is whether court approval is required before a guardian who has the power to consent to necessary medical treatment for a ward under Minn.Stat. § 524.5-313(c)(4)(i) (2012), may consent to remove the ward from life-sustaining treatment when all the interested parties agree that such removal is in the ward's best interests. The district court held that a guardian who possesses the medical...

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