The declaration of incompetence due to drug-addiction shall only be petitioned by the spouse and forced heirs, ascendants or siblings of the alleged incompetent person, and by exception, the prosecuting attorney assigned to the Superior subpart of the Court of First Instance or the Family Advocate, on his own accord or by petition of a relative, when the spouse or heirs are minors or incapable.
If the State is the promoter, the person subject to the incompetence procedure shall be entitled to the assistance of legal counsel and to the testimony of an expert in his behalf. Said expert shall not have any financial relationship or contract whatsoever, nor any employer-employee relationship with any entity devoted to drug rehabilitation, whether public or private.
Under no circumstance, regardless of who initiated the procedure, shall the evidence obtained during this procedure, be used against the person submitted to the incompetence procedure in another procedure. Incompetence, as referred to herein, does not constitute unindictability for penal purposes.
History —Civil Code, 1930, added as § 193D on Jan. 11, 1998, No. 29, § 2.