Maria v. Hayes.docx - 1 October 2017 ACCT 261 Ayers IRAC...

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1 October 2017 ACCT 261 Ayers IRAC Analysis Maria v. Hayes Issue: The issue in the case Maria v. Hayes is that the parents of Edith Hayes, a severely mentally incapacitated human want to have a sterilization procedure performed on their daughter. They say it is because they are concerned that she is sexually active and may become pregnant because she is indeed capable to conceive and bear a child. Rule: Initially, the court dismissed the petition on a motion for summary judgement that they had no authority to order a sterilization of a mentally incapacitated person. When dealing with this, courts of general jurisdiction have control over a petition appointed by a parent or guardian. The judge does have the power to entertain and act upon the petition. However, once again it does not mean they should act upon it. Edith has rights to give her own consent even though she’s a minor. Analysis: Even though the potential sterilization process can be granted, the procedure itself is very risky in terms of the legal ramifications. For example, in a similar case where a woman was sterilized

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