Section 436.265 – Appointment of counsel; payment of expenses.
(1) If the respondent requests counsel but is determined to be financially eligible for appointed counsel at state expense, the court shall appoint suitable counsel to represent the respondent at state expense. (2) If the respondent is not represented by counsel and appears to be unable to request counsel, the court shall appoint suitable counsel […]
Section 436.275 – Admissible evidence; subpoenas.
(1) At any hearing upon such petition, the court shall receive evidence concerning the respondent’s ability to give informed consent. Such evidence shall include, but shall not be limited to: (a) Testimony from the respondent regarding the respondent’s receipt and understanding of the information set forth in ORS 436.225 (1); and (b) Reports from an […]
Section 436.285 – Presence of respondent; waiver; medication.
The respondent shall be present at any hearing regarding respondent’s ability to give informed consent to sterilization, unless that right is waived by the person, personally or through the respondent’s attorney. The court shall approve of a waiver only if the presence of the respondent grossly interrupts the proceeding or such presence is medically contraindicated. […]
Section 436.295 – Court determination of ability to consent.
(1) If the court does not determine by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization: (a) If the court determines that the respondent has the ability to give informed consent to sterilization, the court shall issue an order so stating and permitting the sterilization to be […]