Appeals Court -- January 17, 2012
Facts: Department of Mental Health filed a petition seeking Moe’s parents to be temporary guardians for the purpose of consenting to an abortion and a sterilization. Mary Moe was thirty-two years old, pregnant, and suffering from schizophrenia, schizoaffective and bipolar mood disorder. Moe claimed that she was not pregnant. The trial judge found that she was incompetent to make a decision about an abortion. The judge then appointed a guardian ad litem (GAL) to investigate and to submit a report. The judge also authorized funds for an expert to investigate and submit a report regarding the necessity of the abortion. GAL submitted a report noting that Moe’s consulting physician had determined the risk of stopping medication while Moe was pregnant was higher then continuing the medication. However, no report was submitted by an expert nor was any hearing held. Moe had also stated that she would not like an abortion. Without any hearing, the judge ordered that Moe’s parents would be her guardian and she would be performed an abortion. Additionally, the judge directed the medical facility which performed the abortion to sterilize Moe.
Issue #1: Whether or not the ordered sterilization sua ponte and without notice was a violation of due process.
Yes. An incompetent person must be given an adequate notice, an opportunity to be heard, a determination on the issue of substituted judgement and the right to appeal because sterilization is a deprivation of the right to reproduce.
Issue #2: Whether or not there was sufficient evidence to show that Moe was incompetent.
Yes. Moe denied multiple times that she was pregnant. That was enough to display that she was incompetent to make a decision regarding the issue on abortion.
Issue #3: Whether or not the trial court was required to hold an evidentiary hearing to determine whether Moe would have an abortion if she was competent.
Yes because the substitute standard would apply. The standard required a determination whether Moe would have an abortion if she were competent. It was not for the court to decide what would be the best decision but rather what decision would be made by the incompetent person if she were competent. (YN)
