In the Matter of Guardianship of Eberhardy

This is a joint appeal by the guardians and guardian ad litem of Joan Eberhardy, an incompetent adult, from an order of the circuit court for Wood County denying the guardians’ petition for an order authorizing them to sign a consent for her sterilization.

The facts are not in dispute. Joan Eberhardy is a twenty-two-year-old woman who is “moderately severely” retarded. She has a mental age of two to three years. She has resided all her life with her mother and father who are sixty-two and sixty-five years old respectively. Joan is dependent upon her parents for all aspects of her physical…