2006 Ohio Revised Code - 5122.38. Competency adjudication for present and former patients; notice of hearing; journal entry.

§ 5122.38. Competency adjudication for present and former patients; notice of hearing; journal entry.
 

Each individual now or formerly hospitalized pursuant to this chapter or former Chapter 5123. of the Revised Code, is entitled to an adjudication of competency or incompetency or termination of guardianship upon written request by any such individual, his guardian, or the chief clinical officer to the probate court. The court, on its own motion, may initiate such a hearing. 
 

Upon filing of such application, or on the court's own motion, notice of the purpose, time, and place of the hearing shall be given to the person upon whose affidavit such adjudication was made, to the guardian of the applicant, and to his spouse at his residence, if such address is known. 
 

Upon hearing, if it is proven that such applicant is competent, the court shall so find and enter the finding on its journal. The adjudicating court shall send a transcript of the adjudication to the county of the patient's residence. 
 

HISTORY: 129 v 1448(1472) (Eff 10-25-61); 130 v 1200 (Eff 1-23-63); 130 v 1201 (Eff 10-10-63); 142 v S 156. Eff 7-1-89.
 

The effective date is set by section 3(B) of SB 156.