Kentucky Statutes 387.740 – Emergency powers of court — Petition and hearing on emergency appointment
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(1) The court may exercise the powers of a limited guardian or limited conservator or may appoint an individual or agency to exercise such powers before or during the pendency of a proceeding for a determination of partial disability or disability or an appeal therefrom, if it appears that there is danger of serious impairment to the health or safety of the respondent or damage or dissipation to his property if immediate action is not taken.
(2) Prior to a hearing on the need for an emergency appointment of a limited guardian or limited conservator, a petition shall be filed by any person or entity which sets forth the following:
(a) The name, age, and address of the respondent; (b) The danger alleged to be imminent;
(c) The type of appointment and the protection and assistance requested; (d) The facts and reasons supporting the request;
(e) The name, address, and qualifications of the proposed limited guardian or limited conservator, if any;
(f) The name, address, and interest of the petitioner;
(g) The names and addresses of the respondent’s next of kin, if known;
(h) The name and address of the individual or facility, if any, having custody of the respondent; and
(i) The date of filing of the petition for determination of disability or partial disability.
(3) (a) The court shall review any and all petitions for an emergency appointment of a limited guardian or limited conservator without delay and not more than one (1) week after the petition is filed. The circuit clerk in the county in which the petition is filed shall accept all petitions and the Commonwealth shall not exclude any petition filed under this section from presentation to the court. Within one (1) week of the filing of a petition pursuant to this section, the court shall conduct a hearing at which the respondent shall be entitled to counsel.
(b) Notice of the time and place of the hearing shall be given not less than forty-eight (48) hours prior to the hearing to all persons named in the petition, the petitioner, and the Commonwealth unless waived in writing or on the record.
(4) The Commonwealth shall present evidence at the hearing. The petitioner shall have the right to present evidence in support of the petition at the hearing in addition to any evidence presented by the Commonwealth, and shall have the right to cross-examine witnesses.
(5) The burden shall be on the Commonwealth and the petitioner to prove by clear and convincing evidence the need for the emergency appointment of a limited guardian or conservator.
(6) If the court exercises the powers of a limited guardian or limited conservator or appoints another to do so in an emergency situation as set forth in subsection (1) of this section, the court shall state on the record findings of fact as to the
danger determined to be imminent, the sources relied on in arriving at such determination, the type of assistance to be provided, and the powers and duties of the emergency guardian or conservator. The authority of the guardian or conservator shall expire upon resolution of the appeal or action.
Effective:April 8, 2022
History: Amended 2022 Ky. Acts ch. 182, sec. 3, effective April 8, 2022. — Created
1982 Ky. Acts ch. 141, sec. 25, effective July 1, 1982.
Legislative Research Commission Note (4/8/2022). 2022 Ky. Acts ch. 182, sec. 5, provides that this statute, as amended in that Act, may be cited as the Jeff Tyler Act.
(2) Prior to a hearing on the need for an emergency appointment of a limited guardian or limited conservator, a petition shall be filed by any person or entity which sets forth the following:
Terms Used In Kentucky Statutes 387.740
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(a) The name, age, and address of the respondent; (b) The danger alleged to be imminent;
(c) The type of appointment and the protection and assistance requested; (d) The facts and reasons supporting the request;
(e) The name, address, and qualifications of the proposed limited guardian or limited conservator, if any;
(f) The name, address, and interest of the petitioner;
(g) The names and addresses of the respondent’s next of kin, if known;
(h) The name and address of the individual or facility, if any, having custody of the respondent; and
(i) The date of filing of the petition for determination of disability or partial disability.
(3) (a) The court shall review any and all petitions for an emergency appointment of a limited guardian or limited conservator without delay and not more than one (1) week after the petition is filed. The circuit clerk in the county in which the petition is filed shall accept all petitions and the Commonwealth shall not exclude any petition filed under this section from presentation to the court. Within one (1) week of the filing of a petition pursuant to this section, the court shall conduct a hearing at which the respondent shall be entitled to counsel.
(b) Notice of the time and place of the hearing shall be given not less than forty-eight (48) hours prior to the hearing to all persons named in the petition, the petitioner, and the Commonwealth unless waived in writing or on the record.
(4) The Commonwealth shall present evidence at the hearing. The petitioner shall have the right to present evidence in support of the petition at the hearing in addition to any evidence presented by the Commonwealth, and shall have the right to cross-examine witnesses.
(5) The burden shall be on the Commonwealth and the petitioner to prove by clear and convincing evidence the need for the emergency appointment of a limited guardian or conservator.
(6) If the court exercises the powers of a limited guardian or limited conservator or appoints another to do so in an emergency situation as set forth in subsection (1) of this section, the court shall state on the record findings of fact as to the
danger determined to be imminent, the sources relied on in arriving at such determination, the type of assistance to be provided, and the powers and duties of the emergency guardian or conservator. The authority of the guardian or conservator shall expire upon resolution of the appeal or action.
Effective:April 8, 2022
History: Amended 2022 Ky. Acts ch. 182, sec. 3, effective April 8, 2022. — Created
1982 Ky. Acts ch. 141, sec. 25, effective July 1, 1982.
Legislative Research Commission Note (4/8/2022). 2022 Ky. Acts ch. 182, sec. 5, provides that this statute, as amended in that Act, may be cited as the Jeff Tyler Act.