Legal capacity of client unimpaired unless adjudicated incompetent.
1. No person admitted to a public or private mental health facility pursuant to this chapter shall, by reason of such admission, be denied the right to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote and hold a driver’s license, unless such person has been specifically adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity.
2. If the responsible physician of the mental health facility in which any person is detained is of the opinion that such person is unable to exercise any of the aforementioned rights, the responsible physician shall immediately notify the person and the person’s attorney, legal guardian, spouse, parents or other nearest-known adult relative, and the district court of that fact.
Last modified: February 27, 2006