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Legal Opinion

RASMUSSEN BY MITCHELL v. Fleming

Court of Appeals of Arizona

Decided June 25, 1986No. 2 CA-CIV 5622PublishedCited by 9 opinions

1Opinion of the Court

OPINION

HOWARD, Presiding Judge.

This appeal arises out of a determination by the lower court that the guardian of an incapacitated person has the authority to refuse medical care for his or her ward.

While this case was on appeal, Mildred Rasmussen died of complications following pneumonia. It is within our discretion to decide questions which have become moot. Miceli v. Industrial Commission of Arizona, 135 Ariz. 71, 659 P.2d 30 (1983). The issues presented here are of great importance to legal practitioners, families, guardians, doctors, hospitals and nursing home staff who face similar…

2Cases cited31 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Roe v. WadeSupreme Court of the United States · 1973
  3. Griswold v. ConnecticutSupreme Court of the United States · 1965
  4. National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
  5. Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982

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3Cited by9 opinions

  1. Brophy v. New England Sinai Hospital, Inc.Massachusetts Supreme Judicial Court · 1986
  2. Rasmussen by Mitchell v. FlemingArizona Supreme Court · 1987
  3. Martin v. MartinMichigan Supreme Court · 1995
  4. Guardianship of DoeMassachusetts Supreme Judicial Court · 1992
  5. Brophy v. New England Sinai Hospital, Inc.Massachusetts Supreme Judicial Court · 1986

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