2005 Vermont Code - § 3075. — Consent for medical treatment
§ 3075. Consent for medical treatment
(a) When a ward whose right to consent to surgery or other medical procedure has not been restricted pursuant to section 3069(b)(5) of this title is admitted to a hospital for nonemergency surgery or other nonemergency medical procedures requiring consent, the treating physician shall determine if the person's physical condition is such that the person has sufficient capacity to make a responsible decision. If the person has such capacity, his informed consent shall be obtained before such surgery or medical procedure is performed. In such cases, the ward's consent shall be determinative and no other consent is necessary.
(b) When a ward whose right to consent to surgery or other medical procedures has been restricted pursuant to section 3069(b)(5) of this title is admitted to a hospital for nonemergency surgery or other nonemergency medical procedures requiring consent, the guardian may give such consent upon the advice of the treating physician and after obtaining permission of the probate court, after hearing, upon such notice as the court may direct. (Added 1979, No. 76, § 15.)
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