HUDSON, Judge.
Appellant guardian challenges the district court's determination that he was required to seek an order from the district court to authorize the discontinuation of a permanently unconscious ward's life-support
In April 2008, the district court issued an order placing respondent Jeffers J. Tschumy under general guardianship. Tschumy, who resided in a nursing facility, was 53 years old, unmarried, and without children. He suffered from mental health impairments, diabetes, effects from a stroke, and partial paralysis from a spinal infection. An evaluation of his mental ability showed that he functioned within the average to moderately-impaired range and that he would need assistance with his health care, housing, transportation, food, and finances. His behavior at the nursing facility was consistent with this evaluation. The district court found that Tschumy was incapacitated and appointed Tschumy's then-conservator as general guardian.
In 2008 and 2009, Tschumy's condition remained stable. In October 2009, the district court removed the original guardian and appointed appellant Joseph Vogel, a professional guardian, as successor guardian. The successor guardianship order and letters provided that, among other powers, the guardian had the power provided in Minn.Stat. § 524.5-313(c)(4) (2008) to "[g]ive any necessary consent to enable, or to withhold consent for, [Tschumy] to receive necessary medical or other professional care, counsel, treatment, or service."
On April 15, 2012, while living in a group home, Tschumy suffered respiratory and cardiac arrest after choking on food. Although he survived, he suffered severe and irreversible brain injury and became deeply comatose. Tschumy was placed on a medical ventilator, medication to lessen seizure activity, and intravenous fluids. He also received intravenous nutrition.
Tschumy did not have a health care directive, and the guardian was unable to locate any family members or friends who might have knowledge or information regarding Tschumy's preferences about end-of-life decisions or whether he had ever expressed any religious or moral beliefs regarding those decisions. When the guardian had previously raised this topic with Tschumy, he stated that he did not wish to discuss it.
On April 23, 2012, respondent Allina Health System, d/b/a Abbott Northwestern Hospital, where Tschumy was hospitalized, filed a motion to clarify and, if necessary, to amend the successor letters of general guardianship to specifically authorize the guardian to direct removal of Tschumy's life-support systems. In support of the motion, an Allina physician alleged that Tschumy suffered from medical conditions that had brought him close to the end of his life; that further medical intervention would be futile and, in fact, harmful; and that, in line with good medical practice and ethical obligations, the life-support systems should be removed. A hospital ethics-committee consultation determined that no benefit could be achieved with further intensive treatment. The guardian agreed, but took the position that Allina's motion was unnecessary because the 2009 successor guardianship order and letters already authorized him to direct removal of Tschumy's life-support systems.
After an initial hearing, the district court issued orders appointing an attorney
Vogel, as guardian, testified that he had attempted to discuss advanced directives with Tschumy before the injury, but Tschumy refused to do so. Vogel testified that he believed he had successor authority to authorize the withdrawal of life support, based on the court's 2009 order and guardianship letters, which gave him the power to make necessary medical decisions, which included declining medical treatment, if appropriate.
Another professional guardian testified that, absent a health care directive or other evidence, guardians have the right to make end-of-life decisions within the designated medical-consent power. On questioning by the district court, he agreed that some guardians may not be as careful as he in making those decisions and that there are a variety of reasonable views and opinions on end-of-life decisions. He testified that if he knew that a person or family believed that life was sacred and should be sustained as long as possible, even if medically futile, he would seek a decision from the court. He stated that he had proceeded in this manner on a few occasions when the family wanted to continue with life-support systems to keep the ward alive, but the hospital declined continued treatment.
Vogel's counsel argued that Vogel had authority to discontinue life-support systems, based on the general medical-consent power in Minn.Stat. § 525.5-313(c)(4)(i) and on the guardianship order, which specifically included consent to withdraw medical care. He argued that any limitation on a guardian's authority should be restricted to situations in which a controversy existed. Tschumy's counsel expressed concern about the lack of uniformity among guardians in carrying out a person's wishes, and argued that a guardian's decision to end a life was as important as other decisions for which the guardianship statutes expressly require a court order.
Did the district court err by concluding that a guardian who has the statutory power to consent to a ward's necessary medical treatment must seek a separate order from the district court to authorize the disconnection of the life-support systems of a permanently unconscious ward, even if no interested person has objected?
This appeal requires us to interpret the Minnesota guardianship statutes, particularly Minn.Stat. § 525.5-313(c). We review de novo issues of statutory interpretation. In re Conservatorship of Foster, 547 N.W.2d 81, 84-85 (Minn.1996).
"The object of all interpretation and construction of laws is to ascertain and effectuate the intention of the legislature." Minn.Stat. § 645.16 (2012). "If the meaning of a statute is unambiguous, we interpret the statute's text according to its plain language." Brua v. Minn. Joint Underwriting Ass'n, 778 N.W.2d 294, 300 (Minn.2010). In so doing, we apply the ordinary usage of words that are not technically used or statutorily defined, rely on accepted punctuation and syntax, and examine the statutory provision in its full-act context. Occhino v. Grover, 640 N.W.2d 357, 359 (Minn.App.2002), review denied (Minn. May 28, 2002); see also In re Guardianship of Pates, 823 N.W.2d 881, 888 (Minn.App.2012).
We construe statutes to give effect to all of their provisions and will not render any word, phrase, or sentence meaningless or superfluous. Minn.Stat. § 645.16; Am. Family Ins. Grp. v. Schroedl, 616 N.W.2d 273, 277 (Minn.2000). We "interpret each section in light of the surrounding sections to avoid conflicting interpretations." Schroedl, 616 N.W.2d at 277. We do not give effect to plain meaning if it will produce a result that is unreasonable or at variance with the policy of the legislation as a whole. Occhino, 640 N.W.2d at 360. And if a statute is ambiguous, meaning that it is susceptible to more than one reasonable interpretation, we discern legislative intent by applying other canons of construction, including consideration of the necessity and purpose of the law, the objective to be attained, and the consequences of a particular interpretation. Minn.Stat. § 645.16(1), (4), (6); Brua, 778 N.W.2d at 300; Schroedl, 616 N.W.2d at 277-78. A court may also be guided by prior judicial efforts to interpret a statute. Minn.Stat. § 645.17(4) (2012); Prior Lake Am. v. Mader, 642 N.W.2d 729, 737 (Minn.2002).
Minn.Stat. § 524.5-313(c), (c)(4)(i) (emphasis added).
Based on the supreme court's decision in In re Guardianship of Torres, as well as public-policy considerations, the district court concluded that the decision to disconnect life-support systems is not included in the medical-consent power given to a guardian under Minn.Stat. § 524.5-313(c)(4)(i). In Torres, which was decided in 1984, the supreme court held that the district court had both constitutional and statutory authority to empower a guardian (then denoted a conservator), to order the removal of a ward's life-support systems when the ward was in a permanently unconscious state. Torres, 357 N.W.2d at 339-40. The supreme court concluded that, although the specific portion of the statutes giving the conservator power to "give any necessary consent" to receive medical care, then Minn.Stat. § 525.56, subd. 3 (1982), might not encompass the right to authorize the removal of life support, such authority was contained in the broader catch-all provision, then Minn. Stat. § 525.56, subd. 3(4)(a). Id. at 337. This provision provided that the "duties and powers ... which the court may grant to a conservator ... include, but are not limited to" specifically described powers. Id.
Id.
The district court in this case concluded that, under Torres, because it had not previously granted the guardian broad unspecified powers under Minn.Stat. § 524.5-313(c), but only the specified medical-consent power under Minn.Stat. § 524.5-313(c)(4)(i), the guardian was required to seek additional district court approval
By its plain language, Minn.Stat. § 524.5-313(c)(4)(i) grants a guardian "the power to give any necessary consent to enable the ward to receive necessary medical or other professional care." "Necessary" has been defined as "[u]navoidably determined by prior conditions and circumstances." The American Heritage Dictionary of the English Language 1207 (3d ed.1996). Thus, we conclude that, when a ward's medical condition has deteriorated to the point where his doctors and a medical ethics committee have concurred that a return to consciousness is extremely unlikely, "necessary" medical care, or care that has been "unavoidably determined by prior conditions and circumstances," may include the disconnection of the ward's life-support systems. See Minn.Stat. § 524.5-313(c)(4)(i).
The principle that "[e]xceptions expressed in a law shall be construed to exclude all others" also supports our holding. Minn.Stat. § 645.19 (2012); see also In re S.L.J., 782 N.W.2d 549, 556 (Minn. 2010). The legislature has imposed limitations on a guardian's medical-consent power by providing specific exceptions to that power relating to a ward's sterilization, electroshock, psychosurgery, "or other experimental treatment." Minn.Stat. § 524.5-313(c)(4)(i).
A close reading of related statutory provisions also supports this result. The legislature has provided that "[i]f the court grants the guardian [medical-consent power] under section 524.5-313 ... the authority of a previously appointed health care agent to make health care decisions, as defined in Minn.Stat. § 145C.01, subdivision 5, is suspended until further order of the court or as otherwise provided." Minn.Stat. § 524.5-310(d) (2012). A "health care decision" is defined as "the consent, refusal of consent, or withdrawal of consent to health care." Minn.Stat. § 145C.01, subd. 5 (2012) (emphasis added); see also Minn.Stat. § 524.5-120(15) (2012) (stating that a ward may execute a health care directive "if the court has not granted a guardian any of the powers or duties under section 524.5-313, paragraph (c), clause (1), (2), or (4)"). Reading the medical-consent power under Minn.Stat. § 524.5-313(c)(4)(i) to encompass the guardian's authority to disconnect a ward's life-support systems is consistent with the statutory provision suspending the authority of a previously-appointed health care
Respondent maintains that the plain language of the guardianship statutes supports the district court's analysis, noting that Minn.Stat. § 524.5-313(c) refers to "[t]he duties and powers of a guardian or those which the court may grant to a guardian...." Minn.Stat. § 524.5-313(c) (emphasis added). Respondent argues that the word "or" inserted between the first and second clauses necessarily means that the district court first grants initial powers to a guardian, but then must separately grant a guardian authority to make a decision to discontinue life support, which, respondent asserts, is not included in the guardian's medical-consent power under Minn.Stat. § 524.5-313(c)(4)(i). We reject this argument. The cited portion of Minn.Stat. § 524.5-313(c) states only that the district court may either grant all listed powers and duties to a guardian, or some of those powers and duties. Id. The use of the disjunctive "or" does not, by itself, suggest a temporal difference between the district court's grant of initial powers to a guardian and a grant of the medical power to discontinue life support, nor does it preclude a statutory construction by which the initial grant of medical powers includes the power to terminate life support. See, e.g., Schroedl, 616 N.W.2d at 281 & n. 4 (explaining that the word "or" in a statute must be considered in context, and may be used "in the inclusive sense") (quotation omitted).
Respondent next argues that Minn.Stat. § 524.5-313(b), which states that "[t]he court shall grant to a guardian only those powers necessary to provide for the demonstrated needs of the ward," also supports the district court's reasoning that those powers are determined when the guardian is first appointed. Thus, respondent contends, a guardian who has initially been granted medical-consent powers must seek additional district court approval to later direct the disconnection of a ward's life-support system. But we decline to read into the plain language of the statute a provision that requires such approval as a second step after initial medical-consent powers have been granted. See Metro. Sports Facilities Comm'n v. Cnty. of Hennepin, 561 N.W.2d 513, 516-17 (Minn.1997) (stating that an appellate court will decline to read into a statute "a provision the legislature purposely omits or inadvertently overlooks") (quotation omitted).
Respondent additionally points out that, by statute, the ward retains control over aspects of life not delegated to the guardian, including the right to avoid medical treatment that would violate the ward's religious or moral beliefs. Minn.Stat. § 524.5-120 (2012). But this statute does not preclude a guardian who has been granted the medical-consent power from directing the disconnection of life-support systems from a permanently unconscious ward, if that action would not violate a ward's known moral or religious beliefs. See Minn.Stat. § 524.5-313(c)(4)(i).
Respondent also notes statutory language providing for the district court's jurisdiction over all guardianship powers. See Minn.Stat. § 524.5-313(a) (stating that "[a] guardian shall be subject to the control and direction of the court at all times and in all things"). But read in its whole-act context, this provision refers generally to the district court's jurisdiction over all guardianship matters, which includes monitoring the guardianship and entertaining a
Our holding is not inconsistent with the supreme court's decision in Torres. First, Torres did not directly address the issue raised here — whether the statutory medical-consent power gives a guardian the authority to disconnect a ward's life-support systems. Further, the Torres court noted that the district court is bound to act in the ward's best interests and that the Minnesota legislature guaranteed a patient's right to refuse medical treatment in the Patient's Bill of Rights and prohibited a conservator from consenting to medical care that would violate the ward's known religious, conscientious, or moral beliefs. Torres, 357 N.W.2d at 338-39; see Minn. Stat. § 144.651, subd. 1 (2012) (permitting a guardian to seek enforcement of a patient's medical decisionmaking rights on behalf of that patient); Minn.Stat. § 524.5-313(c)(4)(i). Based on this authority, the supreme court observed that "simply equating the continued physical existence of a conservatee, who has no chance for recovery, with the conservatee's `best interests' appears contrary not only to the weight of medical authority, but also to those indications of legislative opinion which exist." Torres, 357 N.W.2d at 339. The supreme court noted that the district court's authority to order removal of life support relates closely to the ward's right to forego life-sustaining treatment, which had roots in the constitutional right to privacy and a common-law right to remain free from invasions of a person's bodily integrity. Id.
The Torres court observed that the right to forego life-sustaining treatment is not absolute and is balanced against state interests of preserving life, preventing suicide, protecting innocent third parties, and preserving the ethical integrity of the medical profession. Id. But the supreme court recognized that "[t]he individual's right of privacy may be overridden ... only if the state's interests are compelling." Id.
We conclude that the supreme court's reasoning in Torres, which permits the district court to authorize a guardian to disconnect a ward's life-support systems, also permits a guardian to make such a decision under the medical-consent power, based on the guardian's position as surrogate to assert the ward's right to refuse treatment. See id. at 339-40; see also Cruzan v. Dir., Mo. Dep't of Health, 497 U.S. 261, 278, 280, 110 S.Ct. 2841, 2851-52, 111 L.Ed.2d 224 (1990) (holding that an
Our holding in this case is also consistent with the majority view expressed by appellate courts in other jurisdictions. See, e.g., Rasmussen by Mitchell v. Fleming, 154 Ariz. 207, 741 P.2d 674, 688 (1987) (citing Torres and concluding that a guardian's right to consent to approve delivery of care in guardianship statute "must necessarily include the right to consent to or approve the delivery of no medical care"); Woods v. Commonwealth, 142 S.W.3d 24, 50 (Ky.2004) (concluding that, absent disagreement by physicians, family, or an ethics committee, a judicially appointed guardian may make a decision withdrawing life-prolonging treatment of a ward without court approval); In re Jobes, 108 N.J. 394, 529 A.2d 434, 447, n. 12 (1987) (stating that, if a court considers whether the proposed guardian would be an appropriate person to make future medical decisions for the ward, "no further judicial intervention [is] necessary"); In re Guardianship of Hamlin, 102 Wn.2d 810, 689 P.2d 1372, 1375-76, 1378 (1984) (holding that, when the guardian, prognosis committee, and treating physicians agreed with diagnosis of persistent vegetative state and that termination of life support was in ward's best interest, guardian had the authority to terminate life-support systems without judicial involvement); L.W., 482 N.W.2d at 75 (holding that court approval of a guardian's decision to withdraw life-sustaining medical treatment, absent an objection by an interested party, "is not required," but noting that "[c]ourt review... remains appropriate and available where any interested party objects to the decision of the guardian"). According to one commentary:
Alan Meisel & Kathy L. Cerminara, The Right to Die, § 3.18[E], at 3-74 (3d ed. Supp. 2010).
The district court concluded that the judicial process inherent in a separate proceeding to authorize a guardian to disconnect life-support systems would assure the ward's due-process rights. See Campbell v. St. Mary's Hosp., 312 Minn. 379, 384-85, 252 N.W.2d 581, 585 (1977) (stating that actions taken under color of state law that deprive a person of a protected interest violate due process). The district court stated that termination of life support was not a power that could reasonably be considered or conveyed at the time of an initial guardianship appointment; that most guardians received no training dealing with end-of-life issues; and that, because a minority of guardians may act irresponsibly, the court is in the best position to make impartial and experienced evaluations of termination decisions.
Amicus State of Minnesota argues that public policy requires additional due process for a decision to discontinue the life-support
Similarly, the administrative rules of the Department of Human Services provide that, although county staff acting as public guardians lack authority to grant consent for do-not-resuscitate orders for developmentally disabled conservatees, the department retains authority to provide consent for those orders. Minn. R. 9525.3055, subps. 1, 2 (2011). The rules prescribe procedures for obtaining such an order, including reasonable efforts to obtain agreement from the ward and the nearest relative, a physician's written recommendation, a statement that death is imminent or that initiating CPR would be medically futile or would harm the ward, and, if requested, a biomedical ethics report. Id., subp. 2. The promulgation of similar rules relating to the disconnection of life-support systems would provide safeguards for a public guardian's decisionmaking on behalf of an incompetent state ward.
Moreover, the supreme court has observed that "[g]uardianship statutes are designed to provide flexibility and adaptability in caring for the ward according to his changing needs." Grier v. Estate of Grier, 252 Minn. 143, 148, 89 N.W.2d 398, 403 (1958). "[A guardian's] statutory authority is not to be construed ... as placing [the guardian] in a legal straitjacket which deprives [the guardian] of all discretion and flexibility in meeting the needs of the ward." Id. at 148, 89 N.W.2d at 402-03. A guardian's decisions must be made in the ward's best interests. In re Conservatorship of Brady, 607 N.W.2d 781, 784 (Minn.2000) (citing Torres, 357 N.W.2d at 337-38). The Torres court recognized that often continued, long-term treatment will not be in a patient's best interests because a high chance of severe permanent disability exists even if a patient were to return to consciousness, and because such treatment frequently imposes severe emotional and financial burdens on a patient's family. Torres, 357 N.W.2d at 338-39 (quotation omitted). Although courts are experienced in making reasoned and impartial decisions, doctors and medical-ethics committees have the most appropriate knowledge and expertise to evaluate the potential for a ward's long-term recovery and quality of life and advising a guardian on end-of-life decisionmaking. Imposing a requirement for additional court involvement in this process would be inconsistent with the supreme court's recognition of a private, medically based model of decisionmaking. See id., 357 N.W.2d at 341 n. 4. In the unfortunate situation when medical professionals have concluded that a ward is extremely unlikely to regain consciousness, and when no interested persons have objected, we see no benefit to requiring district-court review of a guardian's decision to authorize the disconnection of a ward's life-support systems.
In making a determination on whether the ward's best interests weigh in favor of disconnecting life support, a guardian must consider a ward's expressed moral or religious beliefs and wishes, if they exist. See Minn.Stat. § 524.5-313(c)(4)(i) (providing that a "guardian shall not consent to any medical care for the ward which violates the known conscientious, religious, or moral beliefs of the ward"); see also Torres, 357 N.W.2d at 339 (stating that "[a]t a minimum, any determination of a conservatee's `best interests' must involve some consideration of the conservatee's wishes"). If those wishes have not been expressed, as in this case, the guardian should consult with family, medical professionals, and a medical-ethics committee to arrive at a thoughtful resolution, recognizing that, at times, this may culminate in the difficult decision to disconnect a ward's life-support systems.
Finally, we note that our holding does not preclude a district court, in appointing a guardian, from expressly excluding authority to direct the disconnection of a ward's life-support systems from the guardianship powers granted. See Minn. Stat. § 524.5-313(c) (providing that "[t]he duties and powers ... which the [district] court may grant to a guardian include, but are not limited to [specified statutory powers]"). Nor does our holding preclude an interested person from seeking district-court review of a guardian's decision to direct the disconnection of life-support systems by petitioning the district court to remove a guardian or alleging that the disconnection of life-support systems would not serve a ward's best interests. See Minn.Stat. § 524.5-112(b) (2012) (providing that the ward or an interested person may petition to remove a guardian on the basis that removal would be in the ward's best interests "or for other good cause"); Minn.Stat. § 524.5-102, subd. 7 (2012) (defining interested person); Minn. Stat. § 524.5-317 (permitting the court, on petition of a person interested in the ward's welfare, to terminate a guardianship or modify a guardian's powers or to "make any other order that is in the best interest of the ward"); Minn.Stat. § 252A.19, subd. 2 (2012) (providing similar process with respect to public guardianships). We merely conclude that in end-of-life cases when: (a) the guardian has been granted the medical-consent power; and (b) no interested party has challenged the guardian's decision, made in consultation with available family, physicians, and an ethics committee, it is in the ward's best interest to disconnect life-support systems, additional district-court review is not required.
The district court erred by concluding that a guardian who has previously been granted the medical-consent power under Minn.Stat. § 524.5-313(c)(4)(i) must seek separate authorization from the district court to discontinue life-support systems from a ward who is in a permanently unconscious state. Because we conclude that the medical-consent power granted to a guardian under that subdivision encompasses the power to discontinue life-support systems in those circumstances, a guardian who has been granted that power has authority, absent objection by an interested person and with advice from available family members, physicians, and an ethics committee, to direct the disconnection of life-support systems without further authorization from the district court.