Unless they also serve as health care agents, plenary guardians do not have the ability to refuse life-preserving medical treatment for incompetent people not suffering from end-stage conditions or who are permanently unconscious, the state Supreme Court has ruled.
The decision, reached unanimously by the court in In re D.L.H., rejected arguments that plenary guardians are “appropriate legal surrogates” for purposes of declining medical treatment and that a Superior Court panel had erred in previously ruling judicial approval is necessary to provide guardians with such power.
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