Right to counsel

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Legislation, Sterilization

Ohio Rev. Code Ann. § 5123.86 provides that the sterilization of a person in mental health facility is not allowed without informed consent, but if a protected person is not capable of consent, the guardian can do so.  If there is no guardian, the court can approve the recommendation of the chief medical officer of the facility, but the protected person has the right to appointed counsel if indigent to “contest the recommendation of the chief medical officer.”

Appointment of Counsel: categorical Qualified: yes