Estate of C.W.

640 A.2d 427, 433 Pa. Super. 167, 1994 Pa. Super. LEXIS 841
CourtSuperior Court of Pennsylvania
DecidedMarch 28, 1994
StatusPublished
Cited by8 cases

This text of 640 A.2d 427 (Estate of C.W.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of C.W., 640 A.2d 427, 433 Pa. Super. 167, 1994 Pa. Super. LEXIS 841 (Pa. Ct. App. 1994).

Opinions

BECK, Judge.

The issue presented in this case is whether a guardian with authority to consent to a tubal ligation should be appointed for C.W., a 24 year old mute woman with a mental age of 3-5. She suffers from moderately severe retardation, grand mal epilepsy, cerebral palsy and scoliosis. The trial court determined that it was in C.W.’s best interest that her mother be appointed as her guardian, with specific authority to consent to a laparoscopic tubal ligation.

The trial court’s decision reflects an exceedingly careful consideration of the voluminous record and is in accord with the law of this Commonwealth. We affirm.

We have carefully examined the record in this case to determine whether it supports the judge’s findings regarding C.W.’s mental and physical condition. We have also reviewed the expert opinions regarding the available medical and non-medical options, and the governing legal standards. We begin by emphasizing that in this case we are not confronted with a legal tabula rasa. The standards governing a determination of whether sterilization of an incompetent is to be permitted were established in 1982 in In the Matter of Mildred J. Tenvilliger, 304 Pa.Super. 553, 450 A.2d 1376 (1982), and our analysis simply applies the legal principles established in Tenvilliger to the facts of this case.1

[428]*428In Terwilliger, the father of a mentally retarded woman sought to have the court declare his daughter incompetent and to have himself appointed as her guardian for the purpose of consenting to her sterilization by tubal ligation. The trial court granted both requests. On appeal, a panel of this court reversed and remanded for further proceedings. The Terwilliger court first determined that the Orphans’ Court had jurisdiction to grant the requested relief.2 The court then proceeded to establish clear guidelines for the decision of such cases. The court began with the following cautionary statements:

We caution that because sterilization necessarily results in the permanent termination of the intensely personal right of procreation, the trial judge must take the greatest care to ensure that the incompetent’s rights are jealously guarded.
[I]n making the decision of whether to authorize sterilization, a court should consider only the best interest of the incompetent person, not the interests or convenience of the individual’s parents, the guardian or of society.

Id. at 564, 450 A.2d at 1382 (emphasis supplied).

Thus, the Terwilliger court recognized that a decision that an incompetent should undergo a sterilization procedure impinges on that person’s fundamental right to procreate and involves an invasion of that person’s bodily integrity.

With these principles in mind, the Terwil-liger court made several procedural determinations. First, the court found that given the fundamental right involved in such cases, the party seeking approval of the sterilization procedure had the burden of proof and that the standard of proof required was that of clear and convincing evidence. Id. Even more importantly, the Terwilliger court established that the crucial question to be answered in such cases was whether the sterilization was in the best interest of the incompetent.

The court then required that a guardian ad litem be appointed to represent the interests of the incompetent at the hearing, that comprehensive medical, psychological and social evaluations be made of the incompetent, and that the trial court be permitted to appoint its own experts to assist in the evaluation of the incompetent. Further, the court stated that although the incompetent need not be at the hearing, the trial court should meet with the incompetent to form the court’s own opinion as to competency and elicit any views regarding the sterilization that the incompetent would be able to express.

Having established these procedural ground rules, the Terwilliger court mandated two specific findings by the trial court as necessary prerequisites to authorizing the sterilization. First, the court must find that the individual lacks capacity to make a decision about sterilization and that the incapacity is not likely to change in the foreseeable future. Second, the court must find that the incompetent is capable of reproduction. If the court is able to make these findings, then the court must proceed to its ultimate determination, i.e., is sterilization in the incompetent’s best interest?

Terwilliger viewed the best interest determination as ultimately depending on a finding that:

sterilization is the only practicable means of contraception, i.e., all less drastic contraceptive methods, including supervision, education and training are unworkable and detailed medical testimony must show that the sterilization procedure requested is the least significant intrusion necessary to protect the interests of the individual.

Id. at 566, 450 A.2d at 1383.

The Terwilliger court provided the following non-exclusive list of “guidelines”, adopted [429]*429from the decision of the Supreme Court of New Jersey in In re Grady, 85 N.J. 235, 426 A.2d 467 (1981), to assist the trial court in making this decision:

(2) The possibility that the incompetent person will experience trauma or psychological damage if she becomes pregnant or gives birth, and, conversely, the possibility of trauma or psychological damage from the sterilization operation.
(3) The likelihood that the individual will voluntarily engage in sexual activity or be exposed to situations where sexual intercourse is imposed upon her.
(4) The inability of the incompetent person to understand reproduction or contraception and the likely permanence of that inability.
(7) The ability of the incompetent person to care for a child, or the possibility that the incompetent may at some future date be able to marry and, with a spouse, care for a child.
(8) Evidence that scientific or medical advances may occur within the foreseeable future which will make possible either improvement of the individual’s condition or alternative and less drastic sterilization procedures.
(9) A demonstration that the proponents of sterilization are seeking it in good faith and that their primary concern is for the best interests of the incompetent person rather than their own or the public’s convenience.

Id., 304 Pa.Super. at 567, 450 A.2d at 1383-84 (quoting In re Grady, supra).

Despite the apparent specificity of these guidelines, the Terwilliger court wisely allowed the trial court latitude in making the ultimate determination of the best interests of the incompetent. Thus, the court expressly stated that the list was not exhaustive, and that the weight to be accorded to each factor would appropriately vary in each case.

It is against this clear legal standard that we must judge whether it is in the best interests of C.W.

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Bluebook (online)
640 A.2d 427, 433 Pa. Super. 167, 1994 Pa. Super. LEXIS 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-cw-pasuperct-1994.