Legal Opinion

In re D.L.H.

Supreme Court of Pennsylvania

Decided August 17, 2010PublishedCited by 16 opinions

1Opinion of the Court

OPINION

Justice SAYLOR.

In this appeal, we consider whether plenary guardians can refuse life-preserving medical treatment on behalf of a person who lacks — and has always lacked — the capacity to make personal healthcare decisions, where the person is neither suffering from an end-stage medical condition nor permanently unconscious.

D.L.H. (“David”), age 53, has suffered from profound mental retardation since birth and has resided at the Ebensburg Center, a Department of Public Welfare (“DPW’) facility, for nearly his entire life. He is an incapacitated person under the guardianship provisions…

2Cases cited12 opinions

  1. Cruzan Ex Rel. Cruzan v. Director, Missouri Department of HealthSupreme Court of the United States · 1990
  2. Rendell v. Pennsylvania State Ethics CommissionSupreme Court of Pennsylvania · 2009
  3. In Re FioriSupreme Court of Pennsylvania · 1996
  4. In the Matter of MoeMassachusetts Supreme Judicial Court · 1982
  5. Program Administration Services, Inc. v. Dauphin County General AuthoritySupreme Court of Pennsylvania · 2007

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Commonwealth v. MillsSupreme Court of Pennsylvania · 2017
  2. Oliver v. City of PittsburghSupreme Court of Pennsylvania · 2011
  3. Commonwealth v. Barbour, D., Aplt.Supreme Court of Pennsylvania · 2018
  4. Commonwealth v. ZortmanSupreme Court of Pennsylvania · 2011
  5. In Re: Estate of Harold E. RoodSuperior Court of Pennsylvania · 2015

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API