In Re: The Matter of Christine Busalacchi
unpublished decision, docket #59582. 24p.
The Missouri Court of Appeals ruled that Peter Busalacchi, father and legal guardian of 20-year-old Christine Busalacchi, could not transfer his daughter from a health facility in Missouri to one in Minnesota. Christine had been incapacitated by a head injury at age 17 and was being sustained on a feeding tube. Because she showed signs of improvement and limited interaction with her environment, she was not classified as being in a persistent vegetative state after January 1991. Evidence indicated that the father wanted to transfer his daughter from a Missouri to a Minnesota health facility because laws regarding removal of feeding tubes were less stringent in Minnesota. The court's opinion held that the decision must be based on the best interests of the patient. The state met its burden of proving it was in Christine's best interests to remain in the state because all her medical needs could be met adequately there. The father was unable to prove that he was acting in the best interests of Christine, rather than motivated by his desire to avoid the laws of Missouri. Therefore, the case was returned to the trial court for reconsideration.
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