KIE: Court Decision: 769 Atlantic Reporter, 2d Series 497; 2001 Feb 21 (date of decision). The Superior Court of Pennsylvania reversed a lower court order appointing an emergency limited guardian for a Jehovah's Witness in need of a blood transfusion. The court held that a patient's unequivocal refusal of blood transfusion therapy is protected by common law and that a health care agent should be notified of a hearing to appoint a new guardian. Maria Duran, a Jehovah's Witness, underwent two failed liver transplants and required blood transfusion in order to survive. Duran's husband petitioned for emergency limited guardianship for the express purpose of consenting to a blood transfusion. Prior to the transplants, Duran executed a durable power of attorney clearly indicating that she did not wish to have a blood transfusion under any circumstances, including peril of death. Duran also appointed a health care agent to guard her wishes. The court held that the right to refuse medical treatment is deeply rooted in the common law. The court then noted that Duran clearly indicated her resolute refusal of blood transfusion therapy, circulated copies of her unequivocal durable power of attorney to hospital staff minutes before the procedure, and specifically chose the medical center because it performed transplants without blood transfusions. The court also held that there was no state interest compelling enough to override Duran's wishes because dependants would not be left emotionally and financially bereft, honoring Duran's wishes was not offensive to medical ethics, there was no injury to other citizens of the state, and Duran's actions were not considered suicide because she had no intent to die. Finally, the court held that the trial court erred by appointing an emergency guardian because the patient did not need a guardian and there were no allegations that her appointed health care agent acted contrary to the patient's wishes or best interest.