26B-6-815.  Guardian ad litem — Procedural rights.

(1)  The court shall appoint an attorney to act as guardian ad litem to defend the rights and interests of the person to be sterilized.

Terms Used In Utah Code 26B-6-815

  • Cross examine: Questioning of a witness by the attorney for the other side.
  • 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: includes a person who:Utah Code 68-3-12.5
  • Person: means :Utah Code 68-3-12.5
  • Sterilization: means any medical procedure, treatment, or operation rendering an individual permanently incapable of procreation. See Utah Code 26B-6-801
(2)  The person to be sterilized is entitled to appear and testify at the hearing, to examine and cross examine witnesses, and to compel the attendance of witnesses.

(3) 

(a)  The person who is the subject of a sterilization proceeding may, on motion to the court and for good cause shown, waive the right to be present at the hearing.

(b)  If the court grants that motion, the person shall be represented by a guardian ad litem at the hearing.

Renumbered and Amended by Chapter 308, 2023 General Session