Guardianship of Anthony

We consider whether a judge of the Probate and Family Court acted within his authority when, on his own initiative, he assumed “superintendent powers” over the Department of Mental Health (department) relative to the treatment of Anthony and his alleged sexual partner, both of whom are residents of the Walter E. Femald State School (Femald School), 1 and ordered a physician and the medical staff at that institution to conduct medical tests on those individuals to determine whether they have acquired immunodeficiency syndrome (AIDS) or a venereal disease. The department petitioned the Appeals…