Herbert ex rel. Browning v. State

ALTENBERND, Judge.

Mrs. Browning’s guardian appeals the order of the trial court denying her petition to terminate artificial life support. This case requires us to determine whether the guardian of a patient who is incompetent but not in a permanent vegetative state, and who suffers from an incurable, but not necessarily terminal condition, may exercise the patient’s right of self-determination to forego sustenance provided artificially by a nasogastric tube.

We hold that the guardian is entitled to make this decision as a surrogate decision-maker 1 for the patient under article I, section 23,…