# In Re Fiori

> Superior Court of Pennsylvania · January 17, 1995 · 438 Pa. Super. 610

URL: https://www.frixlaw.com/law-library/cases/9698038

## Case

- **Full name:** In Re Daniel Joseph FIORI, an Adjudged Incompetent. Appeal of PENNSYLVANIA ATTORNEY GENERAL
- **Court:** Superior Court of Pennsylvania
- **Decided:** January 17, 1995
- **Citations:** 438 Pa. Super. 610; 652 A.2d 1350; 1995 Pa. Super. LEXIS 70
- **Precedential status:** Published
- **Opinion:** Concurrence by McEWEN
- **Judges:** Rowley, Cavanaugh, Wieand, McEwen, Cirillo, Olszewski, Beck, Kelly, Popovich, Statements
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9698038

## How later opinions describe it (automated extraction)

- holding “that no legal proceedings are necessary in the great majority of cases involving the termination of life sustaining treatment to persons in [the instant patient’s] condition,” namely, a persistent vegetative state

## Opinion text

McEWEN, Judge,
concurring.
“Your money or your life!”, demanded the highwayman of the horseman. “I can protect your money, but not your life.”, decreed the chancellor. How anomalous that both the lawless and the lawful share a particular focus — property.
The compelling presentation of divergent views expressed by my esteemed colleagues fulfills so admirably our intermediate appellate role and so precisely defines the issues as to readily enable review by our Supreme Court. Thus, while, under the facts of this case, I concur in the decision to permit the termination of life-sustaining treatment of Daniel Joseph *639 Fiori, I refrain from joinder in any expression since I am beset by a nagging uncertainty: what values does a society reflect when it permits its legal system to require careful judicial scrutiny of decisions affecting the property of an incompetent, but precludes similar judicial scrutiny of a decision to terminate the life of the incompetent?

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9698038. Public record. Not legal advice.