New Forms Approved for Probate Courts
Documents Address Alcohol and Drug Treatment and Public Notice Waivers for Name Changes
The Ohio Supreme Court today announced the adoption of new probate forms to facilitate the involuntary treatment of alcohol and drug abusers and to permit someone applying for a name change to waive the public notice requirement under certain conditions. The rules will be effective on July 1.
Involuntary Treatment Petitions
The Supreme Court approved Standard Probate Forms 26.0 through 26.14 after 2013 legislation gave probate judges the authority to involuntarily commit a person who needs alcohol or drug abuse treatment.
A person petitioning the court for the involuntary treatment can now submit forms to demonstrate that someone is suffering from alcohol or other drug abuse; represents a danger to himself or herself, family members, or others; and would likely benefit from treatment. The forms also include a physician evaluation, a form for emergency commitment if a respondent refuses to undergo the required evaluation, and various hearing notices.
The Ohio Association of Probate Judges Forms Committee proposed the set of 15 forms for use by probate courts, and the Commission on the Rules of Superintendence recommended the changes to the Supreme Court.
The forms will be added to the Standard Probate Forms within the Rules of Superintendence for the Courts of Ohio.
Waiver of Public Notice Requirement for Name Change
The Court also approved a new probate form to allow a person seeking a name change to do so without publishing it in a newspaper if his or her personal safety would be threatened by its publication. Applicants could include domestic violence victims or those under orders of protection. Form 21.6 reflects a process provided in R.C. 2717.01(A)(4), which requires notice of the name change in a general circulation newspaper. An applicant now can use the form to ask the probate court to waive the requirement.
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