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9 T.M. Cooley J. Prac. & Clinical L. 257 (2006-2007)
Resuscitating Elderly Wards in Michigan: Should a Legal Guardian Be Allowed to Execute a Do-Not-Resuscitate Order on a Legally Incapacitated Individual's Behalf

handle is hein.journals/tmcjpcl9 and id is 263 raw text is: RESUSCITATING ELDERLY WARDS IN MICHIGAN: SHOULD A LEGAL GUARDIAN BE ALLOWED TO EXECUTE A DO-NOT-RESUSCITATE ORDER ON A LEGALLY INCAPACITATED INDIVIDUAL'S BEHALF? Nicole E. Bergeron* To end the life of a patient who still derives meaning and enjoyment from life or to condemn persons to lives from which they cry out for release is nothing short of barbaric.' I. INTRODUCTION Meet Janice. Janice is a seventy-nine year-old woman who suffers from terminal cancer and dementia. She is a resident of Happy Acres, a nursing home located in Michigan. Janice's only living relative is her niece, Alice. Alice lives out-of-state and is unaware of the seriousness of her aunt's situation. Although Alice and her aunt are currently not close, her aunt had told her many years ago that she wanted to die a natural death. She didn't want anybody pounding on her chest and breaking her ribs. Unknown to Alice, the Michigan Probate Court for the county in which Janice lives has appointed a local agency to act as guardian for Janice. That agency was granted full plenary powers over Janice's welfare. Due to the painful nature of Janice's condition, nursing home staff and doctors have urged Janice's guardian to sign a Do-Not-Resuscitate order (DNR) on her behalf. The agency has refused to do so, stating that the law is unclear and that it is afraid that it could be held liable for such an act. Alice is never notified that her Aunt is in need of a DNR, and the nursing home decides not to pursue the issue any further. * Ms. Bergeron graduated undergraduate from Vanderbilt University where she obtained a degree in anthropology. She is a 2006 cum laude graduate of The Thomas M. Cooley Law School and is a licensed Michigan attorney. Ms. Bergeron currently resides in Lakeport, Michigan. She would like to thank Professors Dorean Koenig and Kimberly O'Leary for their contributions toward this publication. 'In re Martin v. Martin, 538 N.W.2d 399, 402-03 (1995).

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