Brooks' Estate, In re
Decision Date | 18 March 1965 |
Docket Number | No. 38914,38914 |
Citation | 32 Ill.2d 361,205 N.E.2d 435 |
Parties | In re ESTATE of Bernice BROOKS, Alleged Incompetent. Margaret I. ASTE et al., Appellees, v. Bernice BROOKS et al., Appellants. |
Court | Illinois Supreme Court |
Karl M. Milgrom, Chicago (W. Glen How, Q. C. of Toronto, Canada, of counsel), for appellants.
Daniel P. Ward, State's Atty., Chicago (Edward J. Hladis, Chief of Civil Division, Frances G. Sowa, and Joseph V. Roddy, Asst. State's Attys., of counsel), for appellees.
This is an appeal from the probate division of the circuit court of Cook County which entered an order appointing a conservator of the person of Mrs. Bernice Brooks, and allowed the conservator's request to be authorized to consent, on behalf of Mrs. Brooks, to transfusions of whole blood to her. The transfusions were made, and appellants, Mrs. Brooks and her husband, now seek to have all orders in the conservatorship proceedings expunged, and the petition therein filed dismissed. Questions under both Federal and State constitutions confer jurisdiction on direct appeal. U.S.Const., 1st, 5th and 14th amendments; Ill.Const., art V. I, sec. 5, S.H.A.; Supreme Court Rule 28-1, S.H.A. ch. 110, § 28-1.
On and sometime before May 7, 1964, Bernice Brooks was in the McNeal General Hospital, Chicago, suffering from a peptic ulcer. She was being attended by Dr. Gilbert Demange, and had informed him repeatedly during a two-year period prior thereto that her religious and medical convictions precluded her from receiving blood transfusions. Mrs. Brooks, her husband and two adult children are all members of the religious sect commonly known as Jehovah's Witnesses. Among the religious beliefs adhered to by members of this group is the principle that blood transfusions are a violation of the law of God, and that transgressors will be punished by God. This organization's publication, 'Blood, Medicine and the Law of God', which had been filed by Mrs. Brooks with her physician, states the principle: . Also a part of the foundation for this belief is the admonition found in the book of the Acts of the Apostles, 15:28-29: 'For it seemed good to the Holy Ghost, and to us, to lay upon you no greater burden than these necessary things; that ye abstain from meats offered to idols; and from blood, and from things strangled, and from fornication; from which if ye keep yourselves, ye shall do well'. Various other Biblical texts are quoted as authority for the belief, including Genesis 9:3-4: . Premised upon the belief that 'The blood is the soul' (Deuteronomy 12:33) and that 'We cannot drain from our body part of that blood, which represents our life, and still love God with our whole soul, because we have taken away part of 'our soul-our blood-'and given it to someone else' (Blood, Medicine and the Law of God, p. 8), members of Jehovah's Witnesses regard themselves commanded by God to neither give nor receive transfusions of blood.
Mrs. Brooks and her husband had signed a document releasing Dr. Demange and the hospital from all civil liability that might result from the failure to administer blood transfusions to Mrs. Brooks. The patient was assured that there would thereafter be no further effort to persuade her to accept blood.
Notwithstanding these assurances, however, Dr. Demange, together with several assistant State's attorneys, and the attorney for the public guardian of Cook County, Illinois, appeared before the probate division of the circuit court with a petition by the public guardian requesting appointment of that officer as conservator of the person of Bernice Brooks and further requesting an order authorizing such conservator to consent to the administration of whole blood to the patient. No notice of this proceeding was given any member of the Brooks family. Thereafter, the conservator of the person was appointed, consented to the administration of a blood transfusion, it was accomplished and apparently successfully so, although appellants now argue that much distress resulted from transfusions due to a 'circulatory overload'.
We are met at the outset with appellees' contention that since the blood transfussions have been given, the conservator has been discharged, and the estate has been closed, this cause is now moot. As to this question, language in a previous decision of this court (People ex rel. Wallace v. Labrenz, 411 Ill. 618, 622-623, 104 N.E.2d 769, 772, 30 A.L.R.2d 1132) is particularly appropriate:
'Before we reach the merits, we meet the State's contention that the case is now moot and should be dismissed because the blood transfusion has been administered, the guardian discharged, and the proceeding dismissed. Because the function of courts is to decide controverted issues in adversary proceedings, moot cases which do not present live issues are not ordinarily entertained. 'The general rule is that when a reviewing court has notice of facts which show that only moot questions or mere abstract propositions are involved or where the substantial questions involved in the trial court no longer exist, it will dismiss the appeal or writ of error.' People v. Redlich, 402 Ill. 270, 279, 83 N.E.2d 736, 741.
We accordingly proceed to a consideration of the issues.
It is argued by appellants that the absence of notice in any form to Mrs. Brooks or her husband, who were readily available at the hospital, constituted a denial of due process vitiating the entire proceedings; that insufficient proof was presented to establish the patient's incompetency ) ; and that acceptance of medical treatment previously refused because of religious and medical reasons (blood transfusions are not entirely free from hazard) cannot be judicially compelled under the circumstances here present.
While, under the particular circumstances her, some merit is to be found in all of these contentions, we believe we should predicate our decision upon the fundamental issue posed by these facts, i. e.: When approaching death has so weakened the mental and physical faculties of a theretofore competent adult without minor children that she may properly be said to be incompetent, may she be judicially compelled to accept treatment of a nature which will probably preserve her life, but which is forbidden by her religious convictions, and which she has previously steadfastly refused to accept, knowing death would result from such refusal? So far as we have been advised or are aware, there is no reported decision in which this question has been squarely presented and decided.
It is established that the commands of the First Amendment to the United States Constitution relating to religious freedom are embraced within the Fourteenth Amendment and by it extended to the States. (Cantwell v. State of Connecticut, 310 U.S. 296, 303, 60 S.Ct. 900, 903, 84 L.Ed. 1213; School District of Abington Township v. Schempp, 374 U.S. 203, 215, 83 S.Ct. 1560, 1568, 10 L.Ed.2d 844.) While the early decisions in this area consider as a unit the First Amendment provisions that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof', the later opinions treat the cases as falling whthin the Establishment Clause or the Free Exercise Clause. It has been held that governemental actions cannot be proscribed under the latter clause unless they are demonstrated to have a coercive effect upon the individual, but the presence of that effect here is self-evident.
The motivating factors underlying the constitutional separation of church and State and the prohibitions against governmental interference in matters of religion emanated from the circumstances prevailing in many European countries during precolonial ages, and from the practices among the colonies themselves prior to federation. The cruel and oppressive measures adopted, and...
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