2012 Vermont Statutes
Title 18 Health
Chapter 204 STERILIZATION
§ 8707 Competency to consent; procedure

§ 8707. Competency to consent; procedure

(a)(1) If the physician from whom the sterilization has been sought refuses to perform the sterilization because he or she is not satisfied that the mentally retarded person has the ability to give the informed consent required by section 8706 of this title, the mentally retarded person may file a petition in superior court for a determination of the person's competency to consent to the sterilization.

(2) The petition shall set forth the information required by section 8709(b)(1)-(5) of this title.

(3) Upon filing of the petition the court shall appoint a qualified mental retardation professional as defined in section 8821(8) of this title to examine the mentally retarded person and present evidence to the court as to that person's ability to give informed consent.

(4) The hearing shall be limited to a determination of the mentally retarded person's competency to consent to a sterilization, and shall be conducted in accordance with sections 8709(c), 8710, and 8711(a) and (b) of this title.

(b)(1) If, after the hearing, the court determines on the basis of clear and convincing proof that the mentally retarded person is competent to consent and has given the required consent, it shall order that a voluntary sterilization may be performed.

(2) If the court determines that the mentally retarded person is not competent to give consent it shall inform the person that he or she has the right to petition the court for an involuntary sterilization pursuant to the requirements of section 8708 of this title. (Added 1981, No. 142 (Adj. Sess.), § 1.)