"Incompetent persons" – by the determination of…whom?

Maybe it’s in there, I don’t know – I don’t have the time to check (bla bla bla Maxapalooza and all) but when you finish reading this definition, you should be adding, audibly, AS DETERMINED BY….????

From the Plain Dealer:

Here are some of the terms related to people with mental illnesses that Ohio will strike from state law and the phrases that will replace them:

Lunatic: Replaced with “incompetent person”

Idiot: Replaced with “incompetent person”

Imbecile: Removed

Mental derangement: Removed

Habitual drunkard: Removed

Insane: Replaced variously with “incompetent,” “unable to testify,” “dangerous to the community due to a mental illness,” and “a person with a mental illness that causes the person to be dangerous to the community.”

Insanity: Replaced with “grounds for incompetency” or “mental illness”

The law defines “incompetent person,” where it is used, as someone who is so mentally impaired as a result of mental or physical illness or disability, mental retardation, or chronic substance abuse that they are incapable of taking care of themselves, their property or their family.

The PD lists the source of the above info as the Ohio Legislative Service Commission. Again, they need to add one line – either the OLSC does or the PD – that indicates who is the individual or entity responsible for submitting this determination that someone is an incompetent person for the purposes of the laws that now refer to such people and say that such people who’ve been to be so determined can or cannot do whatever it is the law says.

4 thoughts on “"Incompetent persons" – by the determination of…whom?

  1. Paula – I know what you mean. What would be right, though? I think getting rid of lunatic and insane person is probably a good thing but yeah, what more can we do when we’re talking being PC?

  2. Anon – well – I’m not sure that the courts are the only arbiter. I would guess that there’s definitely a time and place for the courts, but in households or estates or among families in which people have planned, there should be other papers that could help expedite the determination. The real issue would be when the label is challenged.

  3. This is amazing. I think our society keeps trying to go overboard with the political correctness.Empathy is a good thing. But deeming someone an “incompetent person” as a catchall might not be a great idea either.

  4. Again, they need to add one line – either the OLSC does or the PD – that indicates who is the individual or entity responsible for submitting this determination that someone is an incompetent person for the purposes of the laws that now refer to such people and say that such people who’ve been to be so determined can or cannot do whatever it is the law says.IANAL, but I assume competency is determined by the courts. The probate courts seem to be the venue for non-criminal competency determinations, e.g., there’s a $20 fee for an application to procure adjudication of competency (here). Criminal courts would be the place for determining competency of criminal defendants (procedures here).

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