In re Estate of Border
68 A.3d 946
| Pa. Super. Ct. | 2013Background
- Guardianship petition filed for Mr. Border; Appellant Gray appointed guardian of his estate and Ms. Vongpathoum appointed guardian of his person (April 2010).
- April 2010 order revoked prior powers of attorney; health care power of attorney and living will were treated as revoked by court, though only POA language was at issue.
- Hospital sought removal of Gray as guardian due to terminal, futile condition and life-support decisions; Brother sought appointment as guardian of Mr. Border’s person.
- Mr. Border executed a 2007 Veterans Administration Directive with Ms. Vongpathoum as health care agent and a living will preferring life-sustaining treatment in many scenarios.
- The Directive stated a general guide standard allowing decisions to differ if in Mr. Border’s best interest; the living will directed continued life-sustaining treatment.
- March 12, 2012: Orphans’ Court removed Gray as guardian and authorized Brother to withhold life-sustaining treatment; Mr. Border died later that day.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2007 Directive survived incapacity. | Gray argues the Directive remained binding. | Court treated Directive as persuasive, not binding. | Directive survived and was binding at incapacity. |
| Whether the court properly removed Gray as guardian and allowed life-support termination. | Gray contends removal was improper given Directive. | Court acted within best interests and substituted judgment framework. | No abuse of discretion; removal and termination approved. |
Key Cases Cited
- In re Fiori, 673 A.2d 905 (Pa. 1996) (right to self-determination continues after incapacity; living will guides substitutive decisions when appropriate)
- In re D.L.H., 2 A.3d 505 (Pa. 2010) (health care agent may be deprived of power by guardian; guardian-supervisor relationship)
- In re Jacobs, 936 A.2d 1156 (Pa. Super. Ct. 2007) (statutory interpretation; de novo standard of review for legal questions)
- Cronauer v. Gring, 132 A.2d 772 (Pa. Super. 1957) (abuse of discretion standard in removal of guardians)
- Plowman v. Plowman, 597 A.2d 701 (Pa. Super. 1991) (mootness/review of evolving controversy; public-interest considerations)