Matter of Storar

In Matter of Storar, 52 N.Y.2d 363 [1981] the mother of a 52-year-old mentally retarded adult with terminal bladder cancer sought to discontinue blood transfusions which her son found disagreeable and resisted, but nonetheless would prolong his sentient life for three to six months. Because he was mentally retarded, Mr. Storar never had the mental capacity to state whether or not he would wish to have his life extended should he become gravely ill. The Court found that "the evidence convincingly shows that the transfusions did not involve excessive pain and that without them his mental and physical abilities would not be maintained at the usual level." (Id. at 381.) The Court thus held that, in such case, the parent's decision to decline treatment must yield to the "State's interests, as parens patriae, in protecting the health and welfare of the child." (Id.) The Court indicated that given that "particularly important personal interests are at stake, clear and convincing evidence should be required." (Id. at 379.) The Court of Appeals determined that because the necessary blood transfusions did not involve excessive pain (even though the incompetent patient expressed a dislike for them), and that without them, his mental and physical abilities would not be maintained at the same level, the trial court should have granted the application for permission to continue the transfusions, over the objections of the patient's mother. (Id. at 381-382.)