§ 35A-1245. Procedure to permit the sterilization of a mentally ill or a mentally retarded ward in the case of medical necessity.
§ 35A‑1245. Procedureto permit the sterilization of a mentally ill or a mentally retarded ward inthe case of medical necessity.
(a) A guardian of theperson shall not consent to the sterilization of a mentally ill or mentallyretarded ward unless an order from the clerk has been obtained in accordancewith this section.
(b) If a mentally illor mentally retarded ward needs to undergo a medical procedure that wouldresult in sterilization, the ward's guardian shall petition the clerk for anorder to permit the guardian to consent to the procedure. The petition shallcontain the following:
(1) A sworn statementfrom a physician licensed in this State who has examined the ward that theproposed procedure is medically necessary and not for the sole purpose ofsterilization or for the purpose of hygiene or convenience.
(2) The name and addressof the physician who will perform the procedure.
(3) A sworn statementfrom a psychiatrist or psychologist licensed in this State who has examined theward as to whether the mentally ill or mentally retarded ward is able tocomprehend the nature of the proposed procedure and its consequences andprovide an informed consent to the procedure.
(4) If the ward is ableto comprehend the nature of the proposed procedure and its consequences, thesworn consent of the ward to the procedure.
(c) A copy of thepetition shall be served on the ward personally. If the ward is unable tocomprehend the nature of the proposed procedure and its consequences and isunable to provide an informed consent, the clerk shall appoint an attorney torepresent the ward in accordance with rules adopted by the Office of IndigentDefense Services.
(d) Should the ward orthe ward's attorney request a hearing, a hearing shall be held. Otherwise, theclerk may enter an order without the appearance of witnesses. If a hearing isheld, the guardian and the ward may present evidence.
(e) If the clerk findsthe following, the clerk shall enter an order permitting the guardian toconsent to the proposed procedure:
(1) The ward is capableof comprehending the procedure and its consequences and has consented to theprocedure, or the ward is unable to comprehend the procedure and itsconsequences.
(2) The procedure ismedically necessary and is not solely for the purpose of sterilization or forhygiene or convenience.
(f) The guardian orthe ward, the ward's attorney, or any other interested party may appeal theclerk's order to the superior court in accordance with G.S. 1‑301.2(e). (2003‑13, s. 1(a); 2005‑250,s. 5.)