People v. E.G.

PRESIDING JUSTICE McNAMARA,

dissenting:

I respectfully dissent from the majority holding which finds the trial court erred in not entering an order empowering the minor to refuse transfusions. I take issue with both the majority’s statement of the law and its failure to address the findings of fact upon which the trial court based its decision.

In regard to the applicable law, the majority reasons that as a matter of law the trial court was required to refuse to intervene because the court found the minor made a “mature” decision. In fact, the trial court did not make such a finding.…