Court battle over old woman’s wish to die

Press, 22 May 1978, Page 9

Court battle over old woman’s wish to die

NZPA Arlington (Massachusetts)

An elderly woman who says she has “nothing to live for" since her husband of 50 years died has refused to allow amputation of her right leg, despite doctors claims she will die within a month of advanced gangrene.

Rosaira Candura, who is 77 and whose husband Vincent died in 1976, says she does not want to be a burden to her daughter and three sons. She turned down the operation which doctors at Symrnes Hospital in Arlington say is necessary to save her life.

Last week, a Middlesex (Massachusetts) Probate Court Judge. Lawrence Perera, ruled it “appropriate" to appoint the woman’s daughter, Grace Lane, of Medford, Mass-

achusetts as temporary guardian with authority to “consent to the performance of life-saving surgery" as soon as possible.

Mr Perera said that Mrs Candura had closed her mind to the extent that the court could not conclude her decision as rational and informaed.

But on Friday, a courtappointed impartial third party, Stephen Katz, a lawyer, asked the Massachusetts Appeals Court to overrule Mrs Lane’s appointment as guardian. Mr Katz argued that the elderly woman was able to make her own decisions and “the law requires that her decision be respected.” A special court session has been ordered for today to hear arguments in the case.

In a similar case Mary Northern, aged 72, of

Nashville, Tennessee, died on May 1 of a blood clot. She had refused to allow amputation of a foot after it became gangrenous because of frostbite and burns suffered when she tried to thaw it out.

The State of Tennessee had fought for an operation through the courts and won, although the surgery was not carried out.

Surgeons in Arlington said the operation would require amputation of Mrs Candara’s leg below the knee, and she would have a 90 per cent chance of recovery. Mrs Candura’s sons, Joseph. of Arlington, and Vincent and Charles, of Braintree. Massachusetts are agreeable to the operation only if their mother wants it.