If someone has been adjudicated mentally defective, is the subject of the adjudication notified?
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If someone has been adjudicated mentally defective, is the subject of the adjudication notified?
Is there a way to find out if such an adjudication has been made? How?
Asked on September 5, 2010 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, the party who is the subject of the proceeding should indeed be notified that the proceeding is to take place, where and when. They have a right to be present and a right to be represented and to present evidence and to testify and generally, to be heard. Ohio does have a provision for an emergency appointment that may not have the same notice requirements. The proceedings are held in the Probate Court, so I would check and in the county in which the person to be adjudged incompetent lives. You can go down to the courthouse and ask the clerks fro help in looking up if a proceeding has been filed. It would be filed under their name. It would start with the filing of a Petition or and Emergency Petition. Good luck.
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