Guardianship of McInnis, In re, 145869

Decision Date01 November 1991
Docket NumberNo. 145869,145869
Citation584 N.E.2d 1389,61 Ohio Misc.2d 790
PartiesIn re GUARDIANSHIP OF McINNIS.
CourtOhio Court of Common Pleas

Buckingham, Doolittle & Burroughs Co., L.P.A., and Joseph J. Feltes, Canton, for Lela A. McInnis.

R.R. DENNY CLUNK, Judge.

This matter came on for hearing before the court on November 1, 1991 on the application of Lela A. McInnis for appointment of guardian of Malcolm McInnis, an alleged incompetent. It was recited in the application that the prospective ward was "comatose due to pontine hemorrhage."

Following an evidentiary hearing the court issued a judgment entry appointing Lela A. McInnis, guardian of the person of Malcolm McInnis, on the basis that the ward was an "incompetent person" within the definition of R.C. 2111.01(D), to wit: mentally impaired as a result of a physical illness. It was initially indicated to the court that the underlying reason for the appointment of the guardian was for the purpose for allowing the guardian to discontinue life-sustaining treatment, if necessary.

It is the opinion of this court that the spouse, individually and without the intervention of the court, without the appointment of a guardian, has such authority under the common law. However, the ward did qualify for the appointment of a guardian and the guardian of the person has authority to authorize or approve the provision to his ward of medical treatment or services under normal circumstances.

Finally, it is the further opinion of this court that it will not appoint guardians for the sole purpose to continue or withhold life-sustaining treatment. It is also the opinion of this court that in the absence of advance directives the administration or the withdrawal of life-sustaining treatment should be based upon medical expertise, consistent with the patient's wishes, as they are expressed by family members.

So ordered.

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1 books & journal articles
  • Medical treatment rights of older persons and persons with disabilities: 1991-92 developments.
    • United States
    • Issues in Law & Medicine Vol. 8 No. 4, March 1993
    • March 22, 1993
    ...at 883. (228) Id. at 880. (229) Id. at 882. (230) Id. (231) Id. at 878. (232) Id. at 883. (233) Id. at 880. (234) Id. at 881-82. (235) 584 N.E.2d 1389 (Ohio P. Ct. (236) Id. at 1390. (237) Id. (238) In re N.E.S., No. 1987-418A (Pa. Commw. Ct. June 4, 1992) (summarized in Americans United fo......

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