Daughter of patient filed petition seeking appointment as patient's
temporary guardian with authority to consent to operation on behalf of patient. The
Probate Court, Middlesex County, Perera, J., entered order appointing daughter
temporary guardian and judgment authorizing her to consent to operation, and
appeal was taken. The Appeals Court held that irrationality of patient's decision not
to submit to surgical amputation of leg, which refusal would result in her death,
patient's vacillating in her resolve whether to submit to operation and her choosing
not to discuss decision with certain persons did not justify conclusion that patient's
capacity to make decision was impaired to the point of legal incompetence so as to
authorize appointment of a guardian with authority to consent to operation.
Order and judgment reversed, petition dismissed.