§ 229.27 — Hospitalization not to equate with incompetency — procedure for finding incompetency due to mental illness

Iowa § 229.27

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 229: HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS

Text

incompetency due to mental illness.
1. Hospitalization of a person under this chapter, either voluntarily or involuntarily, does
notconstituteafindingofnorequatewithnorraiseapresumptionofincompetency,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 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, 633.556, 633.558, and 633.560 shall
be held when any of the following circumstances applies:
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.
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
theapplicantwhoinitiatedthepetitionforhospitalizationofthepersonandtoanyotherparty
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.

Legislative History

[C77, 79, 81, §229.27; 82 Acts, ch 1103, §1109]