On the sterilization, the court ruled that the “judge appears to have simply produced the requirement out of thin air.’’
The case has been sealed at the request of the woman’s court-appointed lawyer, and future hearings will be closed.
In fiscal year 2011, there were more than 3,800 petitions in Massachusetts for guardianship of incapacitated individuals, according to court statistics. Traditionally, most petitions involve people with mental illness.
In the woman’s case, the state Mental Health Department petitioned the court at the request of her medical provider and her parents “in the interest of protecting her health and safety.’’
“The department conveyed the request of health care providers and the parents’ wishes in order to ensure the safety of a patient with severe mental illness,’’ Barbara Leadholm, the commissioner of the department, said in a statement.
Jennifer Kritz, a spokeswoman for the department, said state officials “made it clear’’ at the appeal hearing they were not “seeking or encouraging sterilization.’’ The department has informed the family court that it is not taking a position on whether an abortion should be authorized, she said.
The Moe ruling aside, some lawyers say they believe the Massachusetts system is generally working well.
They believe judges are doing their best to take time to make a sound decision about what the person would want, even when parents and health care providers are pleading for immediate action.
“It isn’t about what they want, it’s about what the incapacitated person wants,’’ said Joanne Erickson, a guardianship lawyer in Abington. “And it should be. But it’s a really tough balance between the person’s autonomy and their safety.’’
