KRS § 387.740 — KY Code / Title XXXIII / Chapter 387 / Section 387.740
387.740 Emergency powers of court -- Petition and hearing on emergency appointment
Status: in_force

387.740 Emergency powers of court -- Petition and hearing on emergency

appointment.

(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.