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In re Storar

New York Court of Appeals

420 N.E.2d 64 (1981)

Relevant factsFree

John Storar, 52, was profoundly retarded with the intellect of an 18-month-old and had lived at a state facility most of his life; after his mother and court-appointed guardian, Mrs. Storar (defendant), consented to radiation therapy for his diagnosed bladder cancer and later to blood transfusions once the cancer became terminal, she asked that the transfusions be discontinued, knowing this would likely lead to his quick death, since Storar clearly disliked the transfusion procedure even though it wasn't especially painful. The facility's director (plaintiff) sought a court order to continue the transfusions; experts agreed Storar was continuously losing blood, had a short time to live, and could not comprehend his situation or make an informed choice, but the trial and appellate courts both denied the facility's petition to continue treatment, and the facility appealed.

IssueFree

Whether a parent or guardian may refuse blood transfusions necessary to prolong the life of a profoundly retarded adult who has never been competent to form his own views on medical treatment.

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