In re Sue Ann Lawrance.

• Author: Griffith, Daniel B.
• Position: Never-competent patient now in a persistent vegetative state - Indiana

Sue Ann Lawrance was a forty-two year old, never-competent woman diagnosed as being in a persistent vegetative state as the result of a full in 1987. In re Sue Ann Lawrance, 579 N.E.2d 32, 34-35 (Ind. 1991). Though she had been a healthy child, she experienced intracranial pressure at the age of nine and underwent a craniotomy, which left her permanently brain damaged. Id. at 35. Thereafter, she attended special schools and summer camps for children with mental disabilities but continued to experience balancing problems and seizures with increasing frequency. Id. Following her fall, a second craniotomy was performed. Id. She was then admitted to a Hamilton County nursing home in July 1987, where she was sustained only by tube feeding. Id.

In March 1991, Sue Ann Lawrance's parents and siblings gave unanimous approval to the decision to withdraw her nutrition and hydration. Id. This decision was supported by her physician and neurologist, who confirmed that she was in a persistent vegetative state. Id. In addition, representatives from the nursing home where Ms. Lawrence resided participated in the hearing, though not as a party, and expressed their "concern that the home remained subject to state and federal regulation and sanction regardless of the decision of Sue Ann's family and doctors." Id. at 36.

In May 1991, the Hamilton Superior Court approved the parents' petition, holding that the Health Care Consent Act gave them authority "to consent, as surrogate decisionmakers, to the withdrawal of artificially delivered nutrition and hydration from their daughter ... who would otherwise remain indefinitely in a persistent vegetative state." Id. He found that the Indiana Constitution grants Ms. Lawrance a liberty interest in being free from unwanted medical treatment and "'requires the state to give effect to the decision of Sue Ann's surrogate decision makers.'" Id. (citing Ind. Const. art. I, [Section] 1). He further enjoined the Indiana State Board of Health and any health care providers from interfering with the parents' request. Id.

Shortly thereafter, Ms. Lawrance's parents moved her to a hospital in Indianapolis, Marion County, and ordered her nutrition and hydration withdrawn. Id. A group called Christian Fellowship with the Disabled then petitioned the Marion County Superior Court, Probate Division, for an emergency guardianship of Ms. Lawrance. Id. at 5. The Marion superior Court appointed the attorney for Christian Fellowship as temporary limited guardian of Sue Ann Lawrance with authority "limited to seeking a stay or other relief from the judgment of the Hamilton Superior Court and seeking appellate review of the judgment. ..." Id. A twenty-one day stay was granted, and Ms. Lawrance's feeding was restored. Id.

In late May, the Christian Fellowship attorney resigned as temporary limited guardian, and appellant Daniel Avila was appointed by Marion Superior Court to replace her. Id. The appellant moved to be joined as a party in the Hamilton County Court...