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Rule 905 Guardianship of Disabled Persons

Baldwin's Kentucky Revised Statutes Annotated6th Judicial District - Daviess District Court

Baldwin's Kentucky Revised Statutes Annotated
6th Judicial District - Daviess District Court
Rule 9 Probate
KY RDDC Rule 905
Rule 905 Guardianship of Disabled Persons
A. Emergency Guardianship
1) The Petitioner shall provide the Probate Clerk with the name and address of Respondent; and the name, address, phone number, and relationship of all Respondent's living next of kin including spouse (whether living with Respondent or not), children, parents, and siblings. Notice of the Emergency Hearing shall be provided to these persons and the Respondent by the Probate Clerk no less than forty-eight (48) hours before the Hearing on the Petition.
2) When a Petition for Emergency Guardianship is received, the Probate Clerk shall immediately appoint a GAL for the Respondent and shall provide the GAL with Notice of the Appointment and the Hearing no less than forty-eight (48) hours before the Hearing.
3) When possible, using the phone numbers provided, the Judge's secretary shall give additional Notice of the Hearing to the GAL and all persons listed in the Petition.
4) When possible, the GAL shall attempt to contact the Respondent prior to the Hearing.
5) The Probate Clerk shall coordinate with the Judge to schedule the Hearing no more than seven (7) days from the filing of the Petition. Where necessary the hearing may be scheduled outside of the regular probate docket or heard by the Judge of another division due to holiday or the absence of the assigned Judge.
B. Limited Guardianship:
1) An Order Appointing a Limited Guardian for a disabled person is temporary and shall not be in effect for more than five (5) years.
2) Before the expiration of the Order, if the Limited Guardian feels continued Guardianship is necessary for the protection of the ward, the Limited Guardian shall file a Motion requesting an extension of the Order. The Motion shall be accompanied by an appropriate affidavit under KRS 387.610. The Probate Clerk shall set the Motion on the normal Probate Docket for the Judge to review and schedule any further proceedings as necessary.

Credits

HISTORY: Amended effective May 9, 2012.
Daviess District Court Rule 905, KY R DAVIESS DIST CT Rule 905
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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