436.295 Court determination of ability to consent
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436.295 Court determination of ability to consent.
(1)If the court does not determine by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization:
(a)If the court determines that the respondent has the ability to give informed consent to sterilization, the court shall issue an order so stating and permitting the sterilization to be performed. Prior to the performance of the sterilization, the physician, physician associate or nurse practitioner and hospital involved shall obtain the written informed consent of the person for sterilization.
(b)If the respondent refuses to consent to sterilization, the court shall issue an order so stating and forbidding sterilization of the respondent, unless the respondent later makes a different choice and only after a rehearing under this section.
(2)If the court determines by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization, the court shall retain its jurisdiction and continue the hearing to determine whether sterilization is in the best interests of the respondent. [1983 c.460 §12; 2001 c.255 §2; 2014 c.45 §60; 2024 c.73 §88]