Gus (age 24) and Ned (age 21) are brothers. They are both le…
Gus (age 24) and Ned (age 21) are brothers. They are both legally competent and they both have decision-making capacity. Ned has a rare kidney disease, and he will die without a kidney transplant. Gus is Ned’s only family, and his kidney is a compatible match. Gus, however, tells Ned he is not comfortable undergoing that operation or taking on that risk. Gus does not agree to donate his kidney. Ned petitions a court to request that Gus donate one of his kidneys to Ned. Gus could live with 1 kidney, but the procedure does involve serious risks. What would the court consider in making this decision?