{"data":{"id":"us-ky/krs-209.120","jurisdiction":"us-ky","citation":"KRS 209.120","heading":"Findings by court -- Limitations of court's power -- Termination of order.","body":"(1) Upon petition by the cabinet a court may issue an order authorizing the provision of\nemergency protective services to an adult after a hearing and upon a finding based\non a preponderance of the evidence that:\n(a) The adult is in a state of abuse, negle ct, or exploitation and is living in\nconditions which present a substantial risk of death or immediate and serious\nphysical harm to himself or others;\n(b) The adult is in need of protective services;\n(c) The adult lacks the capacity to consent to such services; and\n(d) No person authorized by law or court order to give consent for the adult is\navailable to consent to protective services or such person refuses to give\nconsent.\n(2) In issuing an emergency order the court shall adhere to the following limitations:\n(a) Only such protective services, including medical and surgical care and\nprotective placement, as are necessary to remove the conditions creating the\nemergency shall be covered, and the court shall specifically designate the\napproved services in its  order. Such designation of approved services shall be\ndeemed to be the consent of the court authorizing the provision of such\nservices.\n(b) Protective services authorized by the court shall not include hospitalization or\nprotective placement unless the co urt specifically finds such action is\nnecessary and gives specific approval for such action in its order.\n(c) The issuance of an emergency order shall not deprive the adult of any rights\nexcept to the extent validly provided for in the order.\n(d) To implement an order, the court may authorize forcible entry of the premises\nof the adult for the purpose of rendering protective services or transporting the\nadult to another location for the provision of such services. Authorized\nforcible entry shall be accompli shed by a peace officer accompanied by a\nrepresentative of the cabinet.\n(3) If the court finds, pursuant to a hearing, that the adult is in need of protective\nservices, and should that adult have a guardian who has been derelict in providing\nfor the welfar e of the adult, the court shall have the discretion to remove the\nguardian and appoint another guardian, if an individual is available, willing, and\nable to function as guardian; such removal and appointment shall be in compliance\nwith the provisions of KR S Chapter 387. It is not necessary for the court to find a\nguardian has been derelict as a requirement for the issuance of an order for\nprotective services.\n(4) If the court finds that protective services are no longer needed by the adult, the court\nshall order the emergency protective services to terminate.","path":["KRS Chapter 209"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8192","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:09Z","sha256":"ca9d3750c5cb556723d57d4d8e59ab8fd6f91e398cccf57ffdd0fc8f3e52a78b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-209.115","next":"us-ky/krs-209.130"},"notice":"GroundRules: Original legal text. Not legal advice."}