Maine Revised Statutes Title 34-B Sec. 7007 – Submitting petition to determine informed consent; notice of hearing
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1. Petition submission. The petition for a determination of ability to give informed consent shall be submitted to the District Court in the division of residence of the person seeking sterilization or for whom sterilization is sought.
[PL 1983, c. 459, §7 (NEW).]
Terms Used In Maine Revised Statutes Title 34-B Sec. 7007
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Custodian: means the person having care and custody over the individual seeking sterilization or the individual for whom sterilization is sought. See Maine Revised Statutes Title 34-B Sec. 7003
- 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.
- Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See Maine Revised Statutes Title 34-B Sec. 7003
- Informed consent: means consent that is:
A. See Maine Revised Statutes Title 34-B Sec. 7003registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 Resident: means a person residing in a state institution or in any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001 Sterilization: means a medical or surgical procedure, the purpose of which is to render an individual permanently incapable of procreation. See Maine Revised Statutes Title 34-B Sec. 7003
2. Notice of hearing. Upon the receipt of a petition to determine informed consent, the District Court shall assign a time, not later than 30 days thereafter, and a place for hearing the petition. The court may, at its discretion, hold the hearing on the petition at a place within the county other than the usual courtroom if it would facilitate the presence of the person seeking sterilization or for whom sterilization is sought.
[PL 1983, c. 459, §7 (NEW).]
3. Service of notice. The court shall cause a copy of the petition and notice of hearing to be served on the person seeking sterilization or for whom sterilization is sought and that person’s guardian or custodian, if any, at least 7 days prior to the hearing date. If a guardian or custodian of the person seeking sterilization or for whom sterilization is sought is not a resident of this State, notice may be served by registered mail. If the residence of a guardian or custodian is unknown, an affidavit so stating must be filed in lieu of service.
[RR 2019, c. 2, Pt. B, §104 (COR).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). RR 2019, c. 2, Pt. B, §104 (COR).