Definitions for Sterilization of Incapacitated People

As used in this part: "Adult" means an individual who has attained the age of eighteen years. "Court" means any duly constituted court. "Incapacitated person" means a person as defined in section 560:5-102. "Informed assent" means a process by which a ward who lacks the legal capacity to consent to sterilization is given a fair opportunity to acknowledge the nature, risks, and consequences of the procedure and, insofar as the ward is able to, indicates willingness and choice to undergo sterilization. "Interested person" means an interested, responsible adult, including but not limited to a public official, the legal guardian, spouse or reciprocal beneficiary, parent, legal counsel, adult child, or next of kin of a person allegedly mentally ill, mentally deficient, or as otherwise provided in this chapter. "Judge" means any judge of the family court or per diem judge appointed by the chief justice as provided in section 604-2. "Licensed physician" means any person who is licensed to practice medicine or osteopathic medicine in Hawaii under chapter 453. "Records" include, but is not limited to, all written clinical information, observations and reports, or fiscal documents relating to a ward who has undergone or is about to undergo sterilization and which is related to the sterilization. "Sterilization" means any medical or surgical operation or procedure which can be expected to result in a patient's permanent inability to reproduce. "Ward" means an incapacitated person for whom a guardian has been appointed and who, because of the terms of the appointment of the guardian, lacks the legal power to consent to sterilization.