In Re Riddlemoser

564 A.2d 812, 317 Md. 496, 1989 Md. LEXIS 150
CourtCourt of Appeals of Maryland
DecidedOctober 17, 1989
Docket17, September Term, 1989
StatusPublished
Cited by33 cases

This text of 564 A.2d 812 (In Re Riddlemoser) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Riddlemoser, 564 A.2d 812, 317 Md. 496, 1989 Md. LEXIS 150 (Md. 1989).

Opinions

MURPHY, Chief Judge.

We granted certiorari in this case upon a certification of issues of law from the Court of Special Appeals, pursuant to Maryland Rule 8-304. A threshold procedural issue is whether, if the appeal is now moot, we should nevertheless address the substantive issue in the case because of the urgency of establishing a rule of future conduct. The substantive issue presented is whether circuit courts possess authority to authorize a guardian to withhold life-sustaining medical treatment from a “disabled person” in the event of cardiac arrest.

I.

Maryland Code (1974, 1988 Cum.Supp.), Title 13 of the Estates and Trusts Article is entitled “Protection of Minors and Disabled Persons.” 1 Section 13-105(b) provides that circuit courts “have exclusive jurisdiction over protective proceedings for disabled persons.” Section 13-101(d), together with § 13-201(c)(l), defines a “disabled person” in part as one, other than a minor, who has been judged “by a court to be unable to manage his property ... and affairs effectively because of physical or mental disability, senility, or other mental weakness, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospital[499]*499ization, confinement, detention by a foreign power, or disappearance.” See also Maryland Rule R70(b).

Sections 13-704 through 13-710 are codified within Subtitle 7 (Guardian of the Person) of Title 13. Part II thereof, entitled “Disabled Persons,” provides in § 13-704 that the court “may superintend and direct the care of a disabled person, appoint a guardian of the person, and pass orders and decrees respecting the person as seems proper, including an order directing the disabled person to be sent to a hospital.” Section 13-705 authorizes the court to appoint a guardian of a disabled person when it finds

“from clear and convincing evidence that a person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person, including provisions for health care, food, clothing, or shelter, because of any mental disability, senility, other mental weakness, disease, habitual drunkenness, or addiction to drugs, and that no less restrictive form of intervention is available which is consistent with the person’s welfare and safety.”

Section 13-708(a) provides that the court “may grant to a guardian of a person only those powers necessary to provide for the demonstrated need of the disabled person.” Section 13-708(b) provides that, subject to the limitations of subsection (a), “the rights, duties, and powers which the court may order include ... (8) The power to give necessary consent or approval for medical or other professional care, counsel, treatment, or service, except that the court must authorize any medical procedure that involves a substantial risk to life.”

II.

On August 19, 1985, the Circuit Court for Baltimore City (Kaplan, J.) found Rosa A. Riddlemoser to be a “disabled person” under the pertinent provisions of the Estates and Trusts Article. Judge Kaplan subsequently appointed William J. Kolodner as guardian of Riddlemoser’s property and co-guardian of her person, together with the Executive [500]*500Director of the Baltimore City Commission on Aging and Retirement Education. The guardians were thereby authorized “to consent to medical or other professional care, counsel, treatment, or service ... except that this Court must authorize any major surgery or any other medical procedure that involves a substantial risk to the life of the disabled.”

On November 1, 1988, Riddlemoser was admitted in a comatose condition to Union Memorial Hospital in Baltimore. She had suffered a stroke which caused her to lose control of her bodily functions; she had to receive nutrients from a gastric feeding tube. Prior to her admission to the hospital, Riddlemoser had been living in her apartment under around-the-clock supervised nursing care. On November 2, 1988, Dr. Edwin Berstock, Mrs. Riddlemoser’s treating physician, recommended that, because of her extremely bad prognosis, no “aggressive heroic measures” be undertaken in the event she were to suffer cardiac arrest.

Counsel was appointed for Riddlemoser on November 4, 1988. That same day, the guardians petitioned the Circuit Court for Baltimore City for an order that cardiopulmonary resuscitation and/or other life prolonging medical treatments be withheld should cardiac arrest take place.

A hearing was held before Judge Thomas Ward on November 9, 1988 to determine whether a “Do Not Resuscitate” order should be issued in the event Riddlemoser were to suffer cardiac arrest. Dr. Berstock testified that Riddlemoser was suffering from cerebrovascular thrombosis (a blood clot within a vein in the brain) which was caused by two strokes, one in August 1985 which rendered her disabled, and one in November 1988. A Computerized Axial Tomography (CAT) scan performed on Riddlemoser showed that she had suffered “massive intra-cerebral hemorrhaging.” The doctor also testified that as a result of the strokes, her brain had been “effectively destroyed” and that she would not regain consciousness. A neurologist and neurosurgeon had also examined Riddlemoser and they concurred with Dr. Berstock’s opinion. Additionally, Dr. [501]*501Berstock testified that in his opinion attempted cardiopulmonary resuscitation would be “inhuman.”2 At the conclusion of the hearing, Judge Ward declined to issue the order. He stated that whether the relief sought by the guardians should be granted was “not properly before this court,” thereby indicating his belief that he lacked authority to issue the order.3

Mrs. Riddlemoser’s counsel and her guardians appealed to the Court of Special Appeals. Prior to oral argument in that court, Riddlemoser died when she suffered cardiac arrest and could not be revived. As earlier observed, the Court of Special Appeals, notwithstanding Riddlemoser’s [502]*502death, certified the important issue of law for our consideration.

III.

Counsel for Riddlemoser, her guardians and a number of amici curiae (the State of Maryland, the Society for the Right to Die, Inc., and a substantial group of health care providers), urge us to decide the substantive legal question of whether the circuit court, under § 13-708(b)(8), had authority to authorize the guardians of Riddlemoser’s person to withhold life-sustaining medical treatment. While recognizing that the appeal is moot in view of Riddlemoser’s death, they correctly point out that we possess constitutional authority to decide a moot case, citing Mercy Hosp. v. Jackson, 306 Md. 556, 562, 510 A.2d 562 (1986). See also Robinson v. Lee, 317 Md. 371, 564 A.2d 395 (1989) and State v. Peterson, 315 Md. 73, 82-85, 553 A.2d 672 (1989). They urge that we exercise this authority because an expression of our views is of vital importance to the public interest.

A question is moot if, at the time it is before the court, there is no longer any existing controversy between the parties. See Mercy Hosp., supra, 306 Md. at 562, 510 A.2d 562; Attorney Gen. v. A.A. School Bus,

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Bluebook (online)
564 A.2d 812, 317 Md. 496, 1989 Md. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-riddlemoser-md-1989.