229.27 - HOSPITALIZATION NOT TO EQUATE WITH INCOMPETENCY -- PROCEDURE FOR FINDING INCOMPETENCY DUE TO MENTAL ILLNESS.
229.27 HOSPITALIZATION NOT TO EQUATE WITH
INCOMPETENCY -- PROCEDURE FOR FINDING INCOMPETENCY DUE TO MENTAL
ILLNESS.
1. Hospitalization of a person under this chapter, either
voluntarily or involuntarily, does not constitute a finding of nor
equate with nor raise a presumption of incompetency, nor cause the
person so hospitalized to be deemed a person of unsound mind nor a
person under legal disability for any purpose, including but not
limited to any circumstances to which sections 6B.15, 447.7, section
488.603, subsection 6, paragraph "c", sections 488.704, 597.6,
600B.21, 614.8, 614.19, 614.22, 614.24, 614.27, and 633.244 are
applicable.
2. The applicant may, in initiating a petition for involuntary
hospitalization of a person under section 229.6 or at any subsequent
time prior to conclusion of the involuntary hospitalization
proceeding, also petition the court for a finding that the person is
incompetent by reason of mental illness. The test of competence for
the purpose of this section shall be whether the person possesses
sufficient mind to understand in a reasonable manner the nature and
effect of the act in which the person is engaged; the fact that a
person is mentally ill and in need of treatment for that illness but
because of the illness lacks sufficient judgment to make responsible
decisions with respect to the person's hospitalization or treatment
does not necessarily mean that that person is incapable of
transacting business on any subject.
3. A hearing limited to the question of the person's competence
and conducted in substantially the manner prescribed in sections
633.552 to 633.556 shall be held when:
a. The court is petitioned or proposes upon its own motion to
find incompetent by reason of mental illness a person whose
involuntary hospitalization has been ordered under section 229.13 or
229.14, and who contends that the person is not incompetent; or
b. A person previously found incompetent by reason of mental
illness under subsection 2 petitions the court for a finding that the
person is no longer incompetent and, after notice to the applicant
who initiated the petition for hospitalization of the person and to
any other party as directed by the court, an objection is filed with
the court. The court may order a hearing on its own motion before
acting on a petition filed under this paragraph. A petition by a
person for a finding that the person is no longer incompetent may be
filed at any time without regard to whether the person is at that
time hospitalized for treatment of mental illness.
4. Nothing in this chapter shall preclude use of any other
procedure authorized by law for declaring any person legally
incompetent for reasons which may include mental illness, without
regard to whether that person is or has been hospitalized for
treatment of mental illness. Section History: Early Form
[C77, 79, 81, § 229.27; 82 Acts, ch 1103, § 1109] Section History: Recent Form
91 Acts, ch 93, §1; 96 Acts, ch 1034, § 9; 98 Acts, ch 1181, §24;
2004 Acts, ch 1175, § 368, 400; 2004 Acts, ch 1021, §118, 119; 2004
Acts, ch 1175, §369, 400
Referred to in § 4.1, 218.95, 229.39