Facts: Jerry Strunk, an incompetent ward of the state, has an IQ of approximately 35 and is in a state institution for the feeble-minded. He also has a speech defect that makes it difficult to communicate with people he is not close to. Jerry Strunk’s brother, Tommy Strunk, has a fatal kidney disease and will not survive much longer without a transplant. Jerry is a highly acceptable donor. Ava, the boys’ mother, petitioned the court for authority to transplant one of Jerry’s kidneys to Tommy.
Prior Proceedings: The county court found that the operation was necessary, and ultimately in Jerry’s best interest. Appeal was taken to the Franklin Circuit County, the