Court Case Record IN RE: Guardianship of J.D. 2012-J-0399

IN RE: Guardianship of J.D. Court Case Record

Court Case Number: 2012-J-0399

Case Number2012-J-0399
Case TitleIN RE: Guardianship of J.D.
Case TypeCivil
StateMassachusetts, MA
CountyBristol Probate & Family
CourtBristol Probate & Family
Court Address
Field Date10/24/2012
Close Date11/02/2012


Matthew H. Beaulieu, EsquireBrigham & Women's HospitalPlaintiff/Respondent
John W. Skurchak, Jr., EsquireJ. D.Defendant
Lucindo D.Pro Se Other/petitioner
Leslie M.Pro Se Other/petitioner
Janis Sallinger, EsquireJanis SallingerGuardian ad litem
Entry Date Paper Entry Text
10/24/2012 #1 Motion to waive entry fee, filed by Lucindo D., is allowed.
10/24/2012 #2 Motion for stay under M.R.A.P. 6(a) with attachments, filed by Lucindo D. ^
10/24/2012 #3 Memo: Respondent's medical records.
10/24/2012 #4 ORDER: The October 5, 2012 order of the Bristol Probate & Family Court, entered on the docket on October 24, 2012, regarding withdrawal of all artificial life support for the respondent is hereby stayed until further order of this court or a single justice thereof. (Sullivan, J.) *Notice/Attest/Nesi, J.
10/26/2012 #5 ORDER: Petitioner Lucindo D., father to J. D., has filed a motion to stay pursuant to Mass.R.A.P. 6(a) pending his appeal of an order of the Bristol Probate and Family Court, dated October 5, 2012 and entered October 24, 2012, concerning medical measures being taken in respect to his son. As the order at issue orders J. D. medical treatment providers to withdraw all artificial life support and to designate him a DNR/DNI, comfort measures only patient in his medical records, I conclude that it is final in nature. To the extent it may be deemed an interlocutory order, leave to appeal is hereby granted. The temporary stay of the trial court order granted on October 24, 2012, is to remain in effect until further order of this court. The petitioner's appeal is to proceed on an expedited basis in accordance with the following procedures. The petitioner shall be treated as the appellant and the other parties as the appellees. The matter is hereby entered on the docket as 12-P-1707, without payment of any additional fee or further assembly of the record. As the trial court has forwarded the record to this court, no party needs to file a record appendix. The briefing requirements of Mass.R.A.P. 16 and 20 are hereby suspended. Each party is requested to file a memorandum on or before 10:00 a.m. on Monday, October 29, 2012 by emailing it to the Clerk's Office at The case is hereby scheduled for oral argument on Monday, October 29, 2012 at 2:00 p.m. in Courtroom 4 (Cypher, J.). Notice/attest/Nesi, J.
11/02/2012 ORDER: The order of the Bristol Probate & Family Court of October 5, 2012, entered on the Probate Court docket on October 24, 2012, in which the court ordered the incapacitated person's medical treatment providers to withdraw all artificial life support and designate him a DNR/DNI, Comfort Measures Only patient in his medical records is hereby affirmed. The stay of the Probate Court order entered by this court on October 24, 2012 in 12-J-399 is hereby vacated. The court's decision is to follow. (Cypher, Green & Sikora, JJ.). *Notice/Attest/Nesi, J.