Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 159.0806 - Approval of court required before guardian may consent to sterilization of protected person; conditions for approval1. A guardian shall not consent to the sterilization of a protected person unless the guardian applies to the court for the authority to consent to the sterilization and obtains such authority from the court.2. Unless an attorney or a guardian ad litem has already been appointed, after a guardian applies to the court for the authority to consent to the sterilization of a protected person, the court shall appoint:(a) An attorney to represent the protected person; and(b) A guardian ad litem to make recommendations on behalf of the protected person. 3. The court must conduct a full evidentiary hearing before authorizing the guardian of the protected person to consent to the sterilization.4. The court may authorize a guardian to consent to the sterilization of a protected person only if the court finds by clear and convincing evidence that the sterilization is in the best interest of the protected person. Before the court grants such authority to a guardian, the court must consider whether any less irrevocable and intrusive means of contraception would be suitable.Added by 2019, Ch. 17,§1, eff. 1/1/2020.