HF 643

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil commitment; providing the same legal 
  1.3             rights for all persons under commitment status; 
  1.4             amending Minnesota Statutes 1998, section 253B.23, 
  1.5             subdivision 2; repealing Minnesota Statutes 1998, 
  1.6             section 609.165, subdivision 1c. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 253B.23, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [LEGAL RESULTS OF COMMITMENT STATUS.] (a) Except 
  1.11  as otherwise provided in this chapter and in sections 
  1.12  246.15, and 246.16, and 609.165, no person by reason of 
  1.13  commitment or treatment pursuant to this chapter shall be 
  1.14  deprived of any legal right, including but not limited to the 
  1.15  right to dispose of property, sue and be sued, execute 
  1.16  instruments, make purchases, enter into contractual 
  1.17  relationships, vote, and hold a driver's license.  Commitment or 
  1.18  treatment of any patient pursuant to this chapter is not a 
  1.19  judicial determination of legal incompetency except to the 
  1.20  extent provided in section 253B.03, subdivision 6.  
  1.21     (b) Proceedings for determination of legal incompetency and 
  1.22  the appointment of a guardian for a person subject to commitment 
  1.23  under this chapter may be commenced before, during, or after 
  1.24  commitment proceedings have been instituted and may be conducted 
  1.25  jointly with the commitment proceedings.  The court shall notify 
  1.26  the head of the treatment facility to which the patient is 
  2.1   committed of a finding that the patient is incompetent.  
  2.2      (c) Where the person to be committed is a minor or owns 
  2.3   property of value and it appears to the court that the person is 
  2.4   not competent to manage a personal estate, the court shall 
  2.5   appoint a general or special guardian or conservator of the 
  2.6   person's estate as provided by law. 
  2.7      Sec. 2.  [REPEALER.] 
  2.8      Minnesota Statutes 1998, section 609.165, subdivision 1c, 
  2.9   is repealed. 
  2.10     Sec. 3.  [EFFECTIVE DATE.] 
  2.11     Sections 1 and 2 are effective the day following final 
  2.12  enactment.