§ 20-49-204 — Hearing

(a) (1) In determining the incompetence of a person for whom sterilization is sought, the court shall require that the evidence of incompetence include the testimony of at least two (2) medical witnesses who shall be found by the court to be qualified. The testimony of one (1) witness may be by written statement. (2) If the alleged incompetent person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or a hospital or a penal institution, one (1) of the medical witnesses shall be a member of the medical staff of the hospital or institution. (3) The court in its discretion may appoint one (1) or more qualified medical examiners to examine the alleged incompetent person and report to the court under oath their findings with respect to the incompetent. The report shall be considered with other evidence in the case. (4) The court shall fix the fees to be paid the examiners, which shall be charged as part of the costs of the proceeding. (b) The alleged incompetent person shall be entitled to appear at the hearing unless two (2) qualified medical witnesses certify to the court that his or her appearance would result in extreme danger to himself or herself and others, to be represented by legal counsel, to present witnesses, to cross-examine witnesses, and otherwise to defend against the statements and allegations of the petition as in other cases at law or in equity. (c) The court in its order shall set forth in writing separate findings as to each of the statements and allegations contained in the petition. (d) A complete and written record shall be made and kept of all proceedings under this chapter. (e) (1) The costs of the proceeding shall be paid by the petitioner. (2) The petitioner may be reimbursed for costs out of the estate of the alleged incompetent, as ordered by the court.

Legislative History

Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.