In Re Estate Of D.W.

481 N.E.2d 355 (1985)

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Nature of the Case

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Facts

D.W. was a severely mentally retarded 18-year-old girl with the abilities of a five-year-old. D.W.'s mother (P) petitioned the court to allow her to get an abortion for D.W. as she was pregnant. A hearing was held, and three witnesses testified regarding the dangers of such D.W being pregnant and having birth. Their conclusion was that abortion was in the best interests of D.W. The trial court concluded that P should be the guardian but that there was no evidence that an abortion was necessary to protect D.W's health. P appealed.