In re Guardianship of Moe
Massachusetts Appeals Court
960 N.E.2d 350 (2012)
- Written by Haley Gintis, JD
Facts
Mary Moe (defendant), a 32-year-old woman who suffered from schizoaffective disorder and bipolar mood disorder, became pregnant for a third time. The Department of Mental Health (plaintiff) filed a petition in the probate court to declare Moe’s parents as temporary guardians so that they could consent to an abortion procedure. The probate court appointed a guardian ad litem to investigate whether Moe would consent to an abortion if competent and held a hearing on the question of incompetency. At the hearing, Moe stated that she did not want to have an abortion. Moe also stated that she was not currently pregnant, had previously given birth to a baby girl, and had met the judge prior to the hearing, all of which were false assertions. Although the guardian ad litem believed that if Moe were competent then she would not consent to an abortion, the probate court granted guardianship to Moe’s parents and concluded that Moe could be forced to have the abortion. The court also concluded, sua sponte, that the facility performing the abortion procedure should sterilize Moe to prevent any future pregnancies. Moe appealed.
Rule of Law
Issue
Holding and Reasoning (Grainger, J.)
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