Nevada Revised Statutes 159.0806 – Approval of court required before guardian may consent to sterilization of protected person; conditions for approval
1. 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.
Terms Used In Nevada Revised Statutes 159.0806
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
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.