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Sterilization of an Incompetent Individual
Sterilization of an incompetent individual is a hotly contested area of the law. Some states permit sterilization requests and others do not. From a traditional standpoint, the decision of whether to sterilize an incompetent individual is a family decision.An incompetent individual is an individual who lacks the ability and knowledge to make decisions that would affect his or her life. Often times a guardian or co-guardians are appointed to represent the incompetent individual.
For example, the family's request to perform a hysterectomy on a 12-year-old mentally challenged girl was upheld by the Indiana Supreme Court. In that case the lower court granted the family's request due to the girl's aversion to blood and the fact that it was in the girl's best interest to permit the procedure.
Some states, as does Indiana, permits the family to make a decision regarding sterilization of an incompetent individual on the basis that the parents of the individual have the authority to consent to any legitimate medical treatment.
However, even in states that permit or are open to permitting families and service providers to make sterilization decisions, individuals that actually seek sterilization of the incompetent individual should be concerned about liability if they act inappropriately. There have been courts that have found that an incompetent individual who was improperly sterilized was able to bring a discrimination action against a hospital that performed the procedure and the individuals who sought that the procedure take place.
Caselaw and Sterilization
The caselaw with respect to the sterilization of an incompetent individual falls into one of three categories. The categories include:
- The view that the ultimate decision making authority is
subject to due process protections.
- The view that the legislatures should dictate how
personal decisions such as sterilization should be made.
- The view that the courts be permitted to allow medical authorities, parents, and guardians to make the decision of whether the incompetent individual should be sterilized when it is in the best interest of the individual.
First, some states require that due process protections be afforded to the incompetent individual with respect to the issue of sterilization. In those states sterilization is generally not permitted. Second, in other states, the legislatures have either deemed that sterilization is permitted or not permitted with respect to incompetent individuals. Last, some states simply rely upon judicial authorities to determine whether sterilization in certain instances will be permitted.
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John Mallios has practiced law for 30 years helping people in need of assistance due to injury, divorce, or criminal charges. Mr. Mallios' persistence has resulted in large financial awards for those injured by accident, divorce, or otherwise.
John C. Mallios and Associates, P.C. maintains offices in Waxahachie, Texas. We serve all areas of North and Central Texas including: Collin County, Dallas County, Delta County, Denton County, Ellis County, Hunt County, Johnson County, Kaufman County, Parker County Rockwall County, Tarrant County, Wise County (DFW) Dallas Fort Worth Metroplex, Ables Springs, Addison, Aledo, Allen, Alma, Alvarado, Alvord, Anna, Annetta, Annetta North, Annetta South, Antioch, Argyle, Arlington, Aubrey, Aurora, Avalon, Azle, Balch Springs, Bardwell, Bartonville, Bedford, Ben Franklin, Benbrook, Blue Mound, Blue Ridge, Bolivar, Boyd, Briar, Briaroaks, Bridgeport, Brock, Burleson, Caddo Mills, Campbell, Carrollton, Cash, Cedar Hill, Celeste, Celina, Charleston, Chico, Cleburne, Cockrell Hill, Colleyville, Combine, Commerce, Cool, Cooper, Copeville, Coppell, Copper Canyon, Corinth, Corral City, Cottonwood, Crandall, Cresson, Cross Roads, Cross Timber, Crowley, Dallas, Dalworthington Gardens, Decatur, Dennis, Denton, DeSoto, DISH, Double Oak, Duncanville, Eagle Mountain, Edgecliff Village, Elizabethtown, Elmo, Enloe, Ennis, Euless, Everman, Fairview, Farmers Branch, Farmersville, Fate, Ferris, Flower Mound, Floyd, Forest Hill, Forney, Forreston, Fort Worth, Frisco, Garland, Garner, Garrett, Glenn Heights, Godley, Grand Prairie, Grandview, Grapevine, Grays Prairie, Greenville, Greenwood, Gun Barrel City, Hackberry, Haltom City, Haslet, Hawk Cove, Heath, Hebron, Hickory Creek, Highland Park, Highland Village, Hudson Oaks, Hurst, Hutchins, Ike, Irving, Italy, Josephine, Joshua, Jot Em Down, Justin, Kaufman, Keene, Keller, Kemp, Kennedale, Kensing, Klondike, Krugerville, Krum, Lake Bridgeport, Lake Creek, Lake Dallas, Lake Worth, Lakeside, Lakewood Village, Lancaster, Lantana, Lavon, Lewisville, Lillian, Lincoln Park, Little Elm, Lone Oak, Lowry Crossing, Lucas, Mabank, Mansfield, Maypearl, McKinney, McLendon-Chisholm, Melissa, Merit, Mesquite, Midlothian, Milford, Millsap, Mineral Wells, Mobile City, Murphy, Nevada, New Fairview, New Hope, Newark, Neylandville, North Richland Hills, Northlake, Oak Grove, Oak Leaf, Oak Point, Oak Ridge, Ovilla, Palmer, Paloma Creek, Pantego, Paradise, Parker, Peaster, Pecan Acres, Pecan Gap, Pecan Hill, Pelican Bay, Pilot Point, Plano, Ponder, Poolville, Post Oak Bend City, Prattville, Princeton, Prosper, Providence Village, Quinlan, Rattan, Red Oak, Rendon, Reno, Rhome, Richardson, Richland Hills, Rio Vista, River Oaks, Roanoke, Rockett, Rockwall, Rosser, Rowlett, Royse City, Runaway Bay, Sachse, Saginaw, Saint Paul, Sanctuary, Sand Branch, Sanger, Sansom Park, Savannah, Scurry, Seagoville, Shady Shores, Slidell, Southlake, Springtown, Sunnyvale, Talty, Telico, Terrell, The Colony, Trophy Club, Union Valley, University Park, Van Alstyne, Venus, Watauga, Waxahachie, Weatherford, West Tawakoni, Westlake, Westminster, Weston, Westover Hills, Westworth Village, White Settlement, Whitt, Willow Park, Wilmer, Wolfe City, Wylie, Yowell
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Copyright © John C. Mallios and Associates, P.C. All rights reserved. Custom Website Design by MartinasWeb.com
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American Bar Association
State Bar of Texas
Texas Eastern District Court
Texas Northern District Court
Texas Southern District Court
Texas Western District Court
John Mallios has practiced law for 30 years helping people in need of assistance due to injury, divorce, or criminal charges. Mr. Mallios' persistence has resulted in large financial awards for those injured by accident, divorce, or otherwise.
John C. Mallios and Associates, P.C. maintains offices in Waxahachie, Texas. We serve all areas of North and Central Texas including: Collin County, Dallas County, Delta County, Denton County, Ellis County, Hunt County, Johnson County, Kaufman County, Parker County Rockwall County, Tarrant County, Wise County (DFW) Dallas Fort Worth Metroplex, Ables Springs, Addison, Aledo, Allen, Alma, Alvarado, Alvord, Anna, Annetta, Annetta North, Annetta South, Antioch, Argyle, Arlington, Aubrey, Aurora, Avalon, Azle, Balch Springs, Bardwell, Bartonville, Bedford, Ben Franklin, Benbrook, Blue Mound, Blue Ridge, Bolivar, Boyd, Briar, Briaroaks, Bridgeport, Brock, Burleson, Caddo Mills, Campbell, Carrollton, Cash, Cedar Hill, Celeste, Celina, Charleston, Chico, Cleburne, Cockrell Hill, Colleyville, Combine, Commerce, Cool, Cooper, Copeville, Coppell, Copper Canyon, Corinth, Corral City, Cottonwood, Crandall, Cresson, Cross Roads, Cross Timber, Crowley, Dallas, Dalworthington Gardens, Decatur, Dennis, Denton, DeSoto, DISH, Double Oak, Duncanville, Eagle Mountain, Edgecliff Village, Elizabethtown, Elmo, Enloe, Ennis, Euless, Everman, Fairview, Farmers Branch, Farmersville, Fate, Ferris, Flower Mound, Floyd, Forest Hill, Forney, Forreston, Fort Worth, Frisco, Garland, Garner, Garrett, Glenn Heights, Godley, Grand Prairie, Grandview, Grapevine, Grays Prairie, Greenville, Greenwood, Gun Barrel City, Hackberry, Haltom City, Haslet, Hawk Cove, Heath, Hebron, Hickory Creek, Highland Park, Highland Village, Hudson Oaks, Hurst, Hutchins, Ike, Irving, Italy, Josephine, Joshua, Jot Em Down, Justin, Kaufman, Keene, Keller, Kemp, Kennedale, Kensing, Klondike, Krugerville, Krum, Lake Bridgeport, Lake Creek, Lake Dallas, Lake Worth, Lakeside, Lakewood Village, Lancaster, Lantana, Lavon, Lewisville, Lillian, Lincoln Park, Little Elm, Lone Oak, Lowry Crossing, Lucas, Mabank, Mansfield, Maypearl, McKinney, McLendon-Chisholm, Melissa, Merit, Mesquite, Midlothian, Milford, Millsap, Mineral Wells, Mobile City, Murphy, Nevada, New Fairview, New Hope, Newark, Neylandville, North Richland Hills, Northlake, Oak Grove, Oak Leaf, Oak Point, Oak Ridge, Ovilla, Palmer, Paloma Creek, Pantego, Paradise, Parker, Peaster, Pecan Acres, Pecan Gap, Pecan Hill, Pelican Bay, Pilot Point, Plano, Ponder, Poolville, Post Oak Bend City, Prattville, Princeton, Prosper, Providence Village, Quinlan, Rattan, Red Oak, Rendon, Reno, Rhome, Richardson, Richland Hills, Rio Vista, River Oaks, Roanoke, Rockett, Rockwall, Rosser, Rowlett, Royse City, Runaway Bay, Sachse, Saginaw, Saint Paul, Sanctuary, Sand Branch, Sanger, Sansom Park, Savannah, Scurry, Seagoville, Shady Shores, Slidell, Southlake, Springtown, Sunnyvale, Talty, Telico, Terrell, The Colony, Trophy Club, Union Valley, University Park, Van Alstyne, Venus, Watauga, Waxahachie, Weatherford, West Tawakoni, Westlake, Westminster, Weston, Westover Hills, Westworth Village, White Settlement, Whitt, Willow Park, Wilmer, Wolfe City, Wylie, Yowell
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Copyright © John C. Mallios and Associates, P.C. All rights reserved. Custom Website Design by MartinasWeb.com
Se habla español Sitemap