Guardian’s Authority to Force Medical Treatment

An individual adjudicated incapacitated with a mechanical pump in her heart was refusing medical treatment, psychological treatment, and medication, and she has religious delusions; the Court held a review hearing and opined that the guardian of the person had full authority to give consent for medical purposes and hospitalization for the ward, even against her wishes, but at some point, the wards protestations may render the procedure, ambulance ride, or even taking medication untenable and unsafe.  Mathews, Incapacitated Person, 4 Fid. Rep. 3d 463 (OC Mont. 2014) (Opinion by Murphy, J.), also reprinted as 5 Fid. Rep. 3d 139 (same opinion).

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