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Bioethics Keyed to Clark, 9th Ed.
Conservatorship of Valerie N.
Citation:
707 P.2d 760 (1985)Facts
Valerie N., born in 1955, was a victim of Down’s Syndrome resulting in severe mental retardation with an IQ of approximately 30. She lived with her mother and stepfather who were appointed as her co-conservators in 1980. Valerie had received therapy for behavior modification which was unsuccessful in eliminating her aggressive sexual advances toward men. Her parents sought authorization for a tubal ligation, arguing that Valerie was unable to use other contraceptive methods effectively. They submitted declarations from Valerie’s physician and a counselor supporting the procedure. The physician stated the procedure was “advisable and medically appropriate” and that pregnancy would cause “psychiatric harm” to Valerie. The counselor testified that Valerie’s parents had been overly restrictive in monitoring her to prevent pregnancy, which hampered her social development. Valerie’s mother testified that Valerie had previously been given birth control pills but rejected them and became ill, and that Valerie would not cooperate with other contraceptive methods. The probate court denied the petition, believing it lacked jurisdiction under Probate Code § 2356(d), though the judge personally felt sterilization was appropriate.
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