In re Estate of Darrell Dorone.

• Author: DiSomma, Anthony V.
• Position: Pennsylvania

In re Estate of Darrell Dorone

HELD: In a medical emergency situation which requires

an immediate decision, nothing less than a fully conscious

contemporaneous decision by the patient will be sufficient

to override evidence of medical necessity, so as to justify

withholding treatment.

The patient's physician and a hospital administrator petitioned for authority to proceed with a blood transfusion. The court of common pleas appointed a temporary guardian to consent to such a procedure. When the superior court affirmed the orders, the patient's parents appealed. In re Estate of Darrell Dorone, 534 A.2d 452 (Pa. 1987).

The issue of cardinal importance before the Pennsylvania Supreme Court was whether the hearing judge abused his discretion during the hearings for the appointment of a temporary guardian since he failed to "receive testimony from the patient's parents, fiancee, or his presiding minister, regarding the patient's religious beliefs." Id. at 453. The appointment of a guardian is authorized by section 5511 of Pa. Cons. Stat., which states in pertinent part:

The court . . . may appoint a temporary guardian or guardians

of the person or estate of a person alleged to be incompetent,

when it appears that a failure to make such appointment will

result in irreparable harm. . . . A temporary guardian so

appointed for the person or estate of an alleged incompetent

shall only have and be subject to such powers, duties and

liabilities and serve for such time as the court shall direct in

its decree. Id.

The requirements for a hearing for the appointment of a temporary guardian are limited:

[O]nly such notice of the petition and hearing shall be required

as shall appear to the court to be feasible in the circumstances, and need

not be given at such times or to such persons as would be required by

the provisions of section 5511 of their code in a proceeding for the

appointment of a guardian. Id. at 454, quoting 20 Pa. Laws [section] 5513 (emphasis in original).

During the process of choosing a temporary guardian, the presiding judge must be convinced that the person chosen will be "interested in the alleged incompetent's welfare." Id. quoting 20 Pa. Cons. Stat. [section] 5511 (a). The best interests of the incompetent are of paramount importance. Id. citing In re Voshake's Guardianship, 125 Pa. Super. 98, 189 A. 753 (1937). The final decision of the court cannot then be reversed unless an abuse of discretion is found. Id. citing Heidtman Estate...