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IN RE D.L.H.

No. 98 MAP 2009.

2 A.3d 505 (2010)

In re D.L.H., an Incapacitated Person. Appeal of M.I.H. and V.B.H., (Guardians).

Supreme Court of Pennsylvania.

Decided August 17, 2010.

Attorney(s) appearing for the Case

Christopher Steven Lucas, for Myrl & Vada Hockenberry.

Randall Luke Wenger, Camp Hill, H. Aden Steven, Matthew S. Bowman, for Amicus Curiae Pa. Family Institute.

Robert B. Hoffman, Eckert Seamans Cherlin & Mellott, LLC, Harrisburg, David Edwin Loder, Lisa Whitcomb Clark, Duane Morris, L.L.P., Philadelphia, for Amicus Curiae PA Medical Society & The Hospital and Healthsystem Assoc. of PA.

Howard C. Ulan, Harrisburg, for Ebensburg Center.

Jane Adams, Jane Adams Attorney at Law, Carlisle, for David Hockenberry.

James Clark Munro, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, for Memorial Hospital.

Mark J. Murphy, Pittsburgh, Robin Resnick, Shari Ann Mamas, Disability Rights Network of PA, for Appellee Amicus Curiae Disability Rights Network of PA.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice SAYLOR.

In this appeal, we consider whether plenary guardians can refuse life-preserving medical treatment on behalf of a person who lacks—and has always lacked—the capacity to make personal healthcare decisions, where the person is neither suffering from an end-stage medical condition nor permanently unconscious.

D.L.H. ("David"), age 53, has suffered from profound mental retardation since birth and has resided...

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