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GUARDIANSHIP OF ANTHONY

402 Mass. 723 (1988)

524 N.E.2d 1361

GUARDIANSHIP OF ANTHONY.

Supreme Judicial Court of Massachusetts, Worcester.

July 5, 1988.

Attorney(s) appearing for the Case

Eric J. Mogilnicki, Assistant Attorney General, for Department of Mental Retardation.

Denise McWilliams for the ward.

Deborah Filler, Steven J. Schwartz, William G. Crane, Robert D. Fleischner & Ernest Winsor, for Coalition for the Legal Rights of the Disabled, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.

O'CONNOR, J.

We consider whether a judge of the Probate and Family Court acted within his authority when, on his own initiative, he assumed "superintendent powers" over the Department of Mental Health (department) relative to the treatment of Anthony and his alleged sexual partner, both of whom are residents of the Walter E. Fernald State School (Fernald School),1 and ordered a physician and...

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