Legal Opinion
In re Doe
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 1984PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The order under review authorized a bone marrow transplant from John Doe, a severely mentally retarded person, to petitioner, his 36-year-old brother, who suffers from chronic myelogenous leukemia. The 43-year-old incompetent donor has an I.Q. of 36, the mental equivalence of a two year old, and marked language deficiencies, both receptively and expressively. The trial court, while declining to use the “substituted judgment” doctrine or a clear and convincing evidentiary standard, found that the transplant would be in the incompetent’s best interests because the benefits…
3Cases cited4 opinions
- Addington v. TexasSupreme Court of the United States · 1979
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Eichner v. DillonNew York Court of Appeals · 1981
- Little v. LittleCourt of Appeals of Texas · 1979
4Cited by2 opinions
- In re DreythalerNew York Supreme Court · 2000
- Chenier v. Richard W.Appellate Division of the Supreme Court of the State of New York · 1992