{"data":{"id":"us-ky/krs-387.740","jurisdiction":"us-ky","citation":"KRS 387.740","heading":"Emergency  powers  of court -- Petition and hearing on emergency","body":"appointment.\n(1) The court may exercise the powers of a limited guardian or limited conservator\nor may  appoint an individual or agency to exercise such powers before or\nduring the pendency of a proceeding for a determination of partial disability or\ndisability or an appeal therefrom, if it appears that there is danger of serious\nimpairment to the health or safety of the respondent or damage  or dissipation\nto his property if immediate action is not taken.\n(2) Prior to a hearing on the need for an emergency appointment of a limited\nguardian or limited conservator, a petition shall be filed by any person or entity\nwhich sets forth the following:\n(a) The name, age, and address of the respondent;\n(b) The danger alleged to be imminent;\n(c) The type of appointment and the protection and assistance requested;\n(d) The facts and reasons supporting the request;\n(e) The name, address, and qualifications of the proposed limited guardian or\nlimited conservator, if any;\n(f) The name, address, and interest of the petitioner;\n(g) The names and addresses of the respondent's next of kin, if known;\n(h) The name and address of the individual or facility, if any, having custody\nof the respondent; and\n(i) The  date of filing of the petition for determination of disability or partial\ndisability.\n(3) (a) The  court shall review any  and  all petitions for an  emergency\nappointment of a limited guardian or limited conservator without delay and\nnot more than one (1) week after the petition is filed. The circuit clerk in\nthe county in which the petition is filed shall accept all petitions and the\nCommonwealth  shall not exclude any petition filed under this section from\npresentation to the court. Within one (1) week of the filing of a petition\npursuant to this section, the court shall conduct a hearing at which the\nrespondent shall be entitled to counsel.\n(b)  Notice of the time and place of the hearing shall be given not less than\nforty-eight (48) hours prior to the hearing to all persons named  in the\npetition, the petitioner, and the Commonwealth  unless waived in writing or\non the record.\n(4) The Commonwealth  shall present evidence at the hearing. The petitioner shall\nhave the right to present evidence in support of the petition at the hearing in\naddition to any evidence presented by the Commonwealth,  and shall have the\nright to cross-examine witnesses.\n(5) The burden shall be on the Commonwealth  and the petitioner to prove by clear\nand convincing evidence the need for the emergency appointment of a limited\nguardian or conservator.\n(6) If the court exercises the powers of a limited guardian or limited conservator or\nappoints another to do so in an emergency situation as set forth in subsection\n(1) of this section, the court shall state on the record findings of fact as to the\ndanger determined to be imminent, the sources relied on in arriving at such\ndetermination, the type of assistance to be provided, and the powers and\nduties of the emergency guardian or conservator. The authority of the guardian\nor conservator shall expire upon resolution of the appeal or action.","path":["KRS Chapter 387"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52168","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:21Z","sha256":"4bec7b2225022584bffd27f2be1871d54e2da0a545ad2c4f0f143e7b2d89253e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-387.730","next":"us-ky/krs-387.750"},"notice":"GroundRules: Original legal text. Not legal advice."}