§ 28-65-302 — Decisions requiring court approval

(a) (1) No guardian appointed prior to October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval: (A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated; (B) Consent to withholding life-saving treatment; (C) Authorize experimental medical procedures; (D) Authorize termination of parental rights; (E) Prohibit the incapacitated person from voting; (F) Prohibit the incapacitated person from obtaining a driver's license; or (G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate. (2) No guardian appointed on or after October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval: (A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated; (B) Consent to withholding life-saving treatment; (C) Authorize experimental medical procedures; (D) Authorize termination of parental rights; (E) Authorize an incapacitated person to vote; (F) Prohibit the incapacitated person from obtaining a driver's license; or (G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate. (b) However, the provisions of subdivision (a)(2) of this section shall not apply to written requests under § 20-17-214 .

Legislative History

Acts 1985, No. 940, § 26; A.S.A. 1947, § 57-845; Acts 1999, No. 1536, § 7; 2001, No. 1689, § 1.