VA-ROOTS Archives

July 2004

VA-ROOTS@LISTLVA.LIB.VA.US

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Subject:
From:
Paul Drake <[log in to unmask]>
Reply To:
Paul Drake <[log in to unmask]>
Date:
Tue, 6 Jul 2004 13:38:20 -0500
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Hello Paul.  You stated that "affidavit of Lunacy" might be kept by courts.  What are those, please?  Thanks.  Janet
***
My oversight, Ms. Janet; should have explained.  Virtually all proceedings that seek commitment of someone to a  govt. operated institution commence and are brought before a court through an affidavit of a physician who has knowledge of actions by a person that reveal mental disturbances.  In addition, quite usually a court will insist that a close family member also swear to the truth of the statements of that physician.  Those are "affidavits of lunacy".

Pursuant to those affidavits, the local courts early and now and the departments of public welfare become involved, and hearings - usually public, but not always - are held in order to determine whether such "illnesses" are of a magnitude that the public and the person alleged to be disturbed are in danger of mental or physical harm.  

If the court so finds, then a remedy is determined by that court, and the "sick" citizen is a) sent to a state institution for indefinite terms, or b) if the family can afford it, such persons are sent to private facilities for care and healing, or c) if the illness is thought not to be physically dangerous to the public or the patient, the court may order carefully structured care of the patient who is permitted to continue at liberty. 

In most states, because of the ever present danger of unwarranted commitment, those affidavits and such files are "closed", to be opened ONLY to an immediate or direct descendant who also demonstrates that he/she has good and sufficient reason for viewing the file. NOTE: Curiosity is NOT reason enough, however in my experience a stated desire to write in a scholarly fashion about that committed person proved to be sufficient.

No matter what else, in most states only the probate judge has the authority to open/release such files, and even in those instanced the states legislatures have further restricted those files by requiring that such files remain closed for a long period of years (not unlike the 72 year rule in censuses and for many of the same reasons).  

I inquired in Ohio after the file of a G-Gmother who had been dead for more than 80 years.  Even after that long period of time, I was required to have a conference with the judge and establish my direct lineage and my reason for wanting to see the file.  SO, be prepared to prove WHO you are and WHY you should be permitted to see the file, no matter how many years have passed since the commitment.  Good luck.  Paul

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