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Call me and we will make an office appointment to discuss the matter. I understand that swift action is important to you and will meet as soon as I can.
A person who has recent contact with the individual signs an affidavit. An affidavit is a statement where you swear what you are saying is true. That person must swear to either what he or she observed about the individual or to information that is reliable (like police action). The individual's name and address are provided. The individual must have refused medical treatment. If the person has not refused medical treatment, the Court will want to contact the doctor to see if the doctor recommends hospitalization.
An order will be refused for a number of reasons. In most cases, but not all, an order will be refused if the issue is substance abuse alone. They are looking for a "dual-diagnosis". If there is no address for the affected person the court will refuse. Probate cannot be used as a means of eviction. Non-compliance with meds, absent behavior, will not qualify. An order will be refused if the purpose is to stop a hospital from discharging a patient. It cannot be a preventative measure before any behavior occurs. An order cannot be held, it must be executed immediately. Probate is not a solution for domestic disputes or child custody issues.
The police department holding the person must initiate this action.
The warrant is taken to the local police department. In Cleveland, the warrant is taken to the Justice Center. If the family was able to obtain a private bed, the person is taken to that hospital. Otherwise in Cuyahoga County the person is taken to St. Vincent Charity Medical Center.
The doctor determines the need for hospitalization.
A warrant is to assess alleged mental illness. It does not determine a guardianship incompetence issues.
