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In re Duran

Trial court erred when it appointed an emergency guardian for the purpose of consenting to a blood transfusion for a Jehovah's Witness who had unequivocally refused such therapy; the appeal of the health-care agent appointed by the patient, although technically mooted by the patient's death, was heard because the issue was a matter of public importance, capable of repetition yet apt to elude appellate review.

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� 1 Appellant, Larry M. Johnson, asks us to determine whether the trial court erred when it appointed an emergency guardian for the express purpose of consenting to a blood transfusion for Maria Duran (“Maria”), a Jehovah’s Witness. We hold that Appellant’s issue is cognizable despite its technical mootness. We further hold that Maria’s unequivocal refusal of blood transfusion therapy is protected by Pennsylvania common law and that the trial court erred when it appointed an emergency guardian to abridge this right. Finally, we conclude that Appellant was entitled to notice of the hearing to appoint an emergency guardian. Thus, we reverse the order of the trial court.

� 2 The relevant facts and procedural history of this appeal are as follows. In 1999, Maria Duran was 34 years old. She was the wife of Lionel Duran and mother of two teenage children. Of the four, only Maria was a Jehovah’s Witness. *fn1

� 3 Maria’s deeply-held religious beliefs as a Jehovah’s Witness did not preclude her from seeking advanced medical treatment or procedures. However, Maria’s strict adherence to the written word of the Bible commanded her to abstain from blood products and blood transfusions. Thus, for example, when Maria needed a liver transplant, she sought a hospital that would accommodate her religious beliefs. Maria chose the University of Pittsburgh Medical Center (“the Center”) because she was told the Center had performed liver transplants on Jehovah’s Witnesses without the need for blood transfusions. In 1997, Maria traveled from New York to Pittsburgh to be evaluated as a candidate for a liver transplant procedure. During the visit, Maria specifically discussed her religious beliefs regarding blood transfusions with doctors and staff at the Center.

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