Haim is a 39-year-old male who has been deemed legally incompetent. At the age of one, he was diagnosed with
mild to moderate mental retardation. As a child, his motor development was very slow. He spent most of his life in
institutions for the mentally retarded. When he turned 26, he returned home, where he has been taken care of
devotedly by his father ever since.
Haim has limited social understanding and poor judgment of everyday situations. His ability to learn is limited, and his
personality is quite infantile. He loses control very easily despite his attempts to restrain his impulsiveness.
Thanks to the devoted care of his father, Haim has been able to fit into the community. He holds down a job, and his
outward appearance is neat and clean.
Haim's mother is a 62-year-old Holocaust survivor. She is mentally ill and does not take any part in Haim's care. Her
relationship to him is one of rejection.
Haim's father is 65 years old. For the past three years, he has been undergoing dialysis for end-stage renal
insufficiency by hooking up to a dialysis machine at home every 8 hours. To improve the quality of his life, the father
needs a kidney transplant, which will extend his life expectancy by five years at the most.
Haim was tested and was found to be a 50% match with his father for kidney transplantation. Haim’s two older sisters
were not tested.
Should a kidney donation from Haim to his father be allowed even though Haim is incompetent to agree to such a
donation?
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