If someone has been adjudicated mentally defective, is the subject of the adjudication notified?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption