Matter Of Moe

432 N.E.2d 712 (1982)

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Nature of the Case

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Facts

Ann Moe was appointed guardian of her mentally retarded daughter. Ann then sought an order to sterilize her daughter. A guardian ad litem was appointed and immediately opposed the procedure as there was no apparent legal authority for a probate judge to authorize the requested procedure. The probate judge appointed an attorney for the daughter. The daughter's attorney filed a motion to dismiss the sterilization petition. The probate judge reported the matter to the Appeals Court. The appeals court applied for direct review. It was determined that the daughter was 24 years old but had the brain of a four-year-old.