incompetency due to mental illness. 1. Hospitalization of a person under this chapter, either voluntarily or involuntarily, does notconstitute afinding ofnor equate with nor raisea presumption of incompetency, norcause 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 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 isincompetent 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 isengaged; 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, 633.556, 633.558, and 633.560 shall be held when any of the following circumstances applies: a. The court ispetitioned or proposes upon itsown 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 isnot incompetent. b. A person previously found incompetent by reason of mental illness under subsection 2 petitions the court for a finding that the person isno longer incompetent and, after notice to the applicant who initiated the petition for hospitalizationof theperson and toany other party as directed by the court, an objection is filedwith the court. The court may order a hearing on itsown motion before acting on a petition filed under this paragraph. A petition by a person for afinding that the person isno longer incompetent may be filedat 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. Acts, ch 57, §2, 43, 44; 2023 Acts, ch 19, §529
‹ Prev All Iowa sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.