Lillian F. v. Superior Court (Santa Clara Valley Medical Center)
California Reporter 1984; 206: 603-609
A Superior Court of California order was overturned by the Court of Appeal's ruling that a higher standard of proof was required to show that the petitioner, a conservatee, did not have the capacity to give written, informed consent to electroconvulsive therapy. The lower court had looked only for a preponderance of the evidence to show incapacity, but the appellate court required proof of the conservatee's lack of capacity to consent by clear and convincing evidence, at least for such intrusive medical procedures. The court recognized the constitutional right of a conservatee to receive effective medical treatment as well as to refuse it. (KIE abstract)
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