The following are common questions that
have often been posed to our office:
My loved one is an
alcoholic or a drug addict. Can I probate them? back
to top
No, not unless it is their mental illness, not
their addiction, that is causing the behavior.
What other options
are there for having a person evaluated? back
to top
University Hospital has a Mobile Crisis Team
that consists of psychiatric social workers who can evaluate a
person at their residence. For more information, contact University
Hospital at 584-8577. Also, University Hospital has a Psychiatric
Emergency Services (PES) that can assist with psychiatric emergencies.
If the alleged mentally ill or mentally retarded individual is
willing to go to the hospital, you can take them directly to PES.
Also, a case manager or other community support workers may be
able to assist or offer further suggestions or recommendations.
What if the alleged
mentally ill or mentally retarded individual has private insurance?
back to top
We recommend that the insurance company be contacted
prior to beginning this process. The Court will have to know what
hospitals in Hamilton County the person is authorized to go to
for a psychiatric admission.
Who will transport
to the hospital? back to top
If the Court accepts the affidavit, the Hamilton
County Sheriff's Department will attempt to transport the alleged
mentally ill or mentally retarded individual to the hospital,
providing that the process is completed by early to mid afternoon.
The deputies who provide transportation services to the patients
are plain-clothes deputies who do these transportations daily.
However, they hold the same hours as the Court. If the alleged
mentally ill or mentally retarded person requires transportation
after hours or on the weekend, your local police department may
be willing to assist.
Do I need an attorney
to complete this process? back to top
No, the Court Personnel are able to assist you.
However, if you are more comfortable proceeding with counsel,
that is acceptable.
Can I complete this
process at home? back to top
The only part of the process that can be completed
outside of the Court is completing the preliminary paperwork.
The affidavit must be completed in the presence of Court Personnel,
so the person completing the affidavit can be sworn in.