Doe v. Doe

We consider the effect of G. L. c. 201, § 6, as amended through St. 1977, c. 567, § 1 (the statute), 1 denying to a guardian of a mentally ill person the authority to commit the ward to a mental health facility unless the court "specifically” finds commitment to be in the "best interests” of the ward. We hold that in the circumstances of the present case the statute requires a finding, beyond a reasonable doubt, that failure to commit would create a "likelihood of serious harm” as defined in G. L. c. 123, § 1. So construed, the statute is not unconstitutional. But since the required finding…