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Guardian Replaces Surrogate. Will Guardian-2 Replace Guardian?

Posted Mar 12 2011 9:52pm
The New York Times reports that the the children of Rachel Nyirahabiyambere have challenged the decision of a court-appointed guardian to remove their mother's feeding tube.  An Alexandria, Virginia Circuit Court ordered her feeding tube reinstated while the legal issues were weighed.  


It does not look like this latest court action is a direct attack on Georgetown University Hospital's November 2010 decision to remove the family as decision maker.  Rather, the inquiry will probably focus on the articulated rationale of the appointed guardian.  It seems that she did not act, as required, as a fiduciary to the patient.  The decision might very well be the same after this review.  But it seems that the guardian failed to appropriately consider the expressed desires and personal values of the patient and/or her best interest.

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