Dority v. Superior Court

In Dority v. Superior Court (1983) 145 Cal.App.3d 273, an infant child was admitted to an emergency room, placed on a respirator, and later declared to be brain dead. (Id. at p. 275.) Based on evidence that the parents might have been responsible for the infant's injuries and undisputed testimony that the infant was in fact brain dead, the trial court granted a petition to appoint a guardian pursuant to Probate Code section 2100 et seq., and directed the guardian to authorize removal of the respirator. (145 Cal.App.3d at p. 276.) The appellate court denied the parents' writ petition seeking to prohibit removal of the respirator. "Where important decisions remain to be made about the child, and where the parents have demonstrated an inability to act in the best interest of the child, it is proper to appoint a guardian to make the necessary decisions." (Id. at pp. 276, 278-280.) However, the court noted "Welfare and Institutions Code section 300 et seq. would seem to provide a more appropriate vehicle for expeditiously resolving these problems." (Id. at p. 278, fn. 3.)