0
How a family member requests a competency hearing (and what that is called) varies depending on where you live. If you need information specific to your state rather than just an example, please provide that information.
If this is not in conjunction with a standing court case, such as pending criminal charges, the matter would be dealt with at Probate Court. The name of this court is different from state to state, for instance in New York it is called Surrogate's Court. Since you placed this question under Alcoholism, I am assuming that you have a particular alcoholic in mind. Remember that people are allowed to make radically stupid decisions about their lives--that does not make them incompetent.
The Court will appoint someone a conservator ONLY if they are permanently mentally deficient (i.e. brain damaged or some other permanent mental handicap that affects brain function and decision-making ability), not just a habitual drunk.
Bearing that in mind, in Connecticut (US) you would:
* File an application for conservatorship in your town's Probate Court, paying the filing fee. If this is an emergency application, that is a different form, which will get a temporary ruling within 24 hours, pending a formal, complete hearing (see below.) * Notice will be served by a State Marshall to all parties with standing (in this case, the person to be conserved) including a copy of the application. * The Court will request assessment from the person's doctor (or agency, if applicable, such as Department of Mental Retardation or the Department of Mental Health and Addiction Services) or a psychiatrist designated by the Court, possibly at cost to you. * The person to be conserved (the one you think is incompetent) must have his own attorney, possibly at cost to you. * Usually a family member or friend is applying to be the conservator him/herself, but if you are unable to do the work entailed in that position, one must be found who can be appointed by the court. If you are to be the conservator, you must pay a fiduciary bond. * The Court will hold a hearing, at which the potential conserved (and his/her lawyer) has the chance to be officially heard on the matter. State statute requires this hearing within a certain number of days from date of application. The Judge of Probate will review the application and assessments, and either decide the case or request further documentation if not sufficient. * The conservator is required to provide periodic reports to the Court as to the state of the conserved. The conserved has the right to request a different conservator or to file an application to terminate the conservatorship.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Is there a good example of a family member's letter to the judge for a sentencing hearing?
Just be honest.
How do you send a family request on howrse?
If your family member is not already a player, you can send them an invite via profile > my account > sponsorship. When they register there will a drop down box from which they can choose you as a family member.
How can you admit your elderly mother who has an alcohol dependency and is awaiting a court hearing on 3 counts of drunk driving to a rehabilitation facility?
It may not be necessary for family members to take such steps. It is likely the judge will order the woman to admit herself voluntarily or be placed in a facility of the court's choosing. The family can also retain legal counsel to petition the court for a competency hearing for the elderly lady as a first step to being granted adult guardianship. A simpler method would be for the elderly lady to grant power of attorney to a trusted family member but that does not seem to be a viable option.
If parents of 17 yr old permit the child to leave home and do not provide for him in any way at age 17 and leave him on the street can another family member take him in and request guardianship?
If he wants go with that family member. He is grown folk!
What happens to money in bank when a person dies and has a will and has survivors?
Depending on the amount of money, some qualified family member must request to be appointed the Administrator of the estate. There is usually an expedited process for small estates. You need to inquire at your local probate court.Depending on the amount of money, some qualified family member must request to be appointed the Administrator of the estate. There is usually an expedited process for small estates. You need to inquire at your local probate court.Depending on the amount of money, some qualified family member must request to be appointed the Administrator of the estate. There is usually an expedited process for small estates. You need to inquire at your local probate court.Depending on the amount of money, some qualified family member must request to be appointed the Administrator of the estate. There is usually an expedited process for small estates. You need to inquire at your local probate court.
What is a baby of the family?
A baby of the family is either the youngest member of the family, or a member of an immediate family who is treated as if he or she is the youngest member of the family.
What should you do when a family member rejects another family member?
fix the relashionship with that family member
Can a family member buy a short sale property from another family member?
Can a family member buy a short sale property from a family member
What are the involuntary commitment laws in state of Georgia?
Georgia allows people with mental illness to be committed involuntarily for up to 20 days. They require a probable cause hearing. A family member cannot commit another family member without meeting some standards of commitment first.
How does a woman who is a single parent in the army able to get discharged?
request discharge for compassionate reasons. (care for a family member) this could be verified by the American Red Cross
The cougar is a member of which family?
the cougar is a member of which family
What family is the Katydid a member of?
It is a member of the grasshopper family
