Mental Health Cases
Guardianship, Casey’s Law, and 202A
Guardianship
Guardianship is necessary when a person in incapable of managing their daily, medical needs and could potentially be financially exploited. Guardianship is not just for elderly people it includes a variety of mental and physical disabilities. Anyone over the age of 18, by law, is permitted to make their own personal decisions. Therefore, parents of special needs children must take this action to be recognized under the law as a person with the authority to act on their child, now adult, behalf. When steps are taken to be recognized as an incapacitated person’s legal authority, the principal of “least restrictive alternatives” must guide both the Petitioner and the Court.
A guardian is a person(s) appointed by the court to make decisions regarding the personal, medical, and financial of a ward. A ward is a person that has been declared legally disabled by the court and is unable to care for his or her person. Anyone willing can be a guardian of a disabled person. Most often it defaults to family and if none, then a friend or neighbor. If there is no one willing to care for the person then State guardianship services will be appointed as guardian.
Once the application process has been filed with the courts within 7 days a hearing must be conducted. At this time an attorney, known as the Guardian ad Litem, will be appointed to assure the rights of the Respondent are protected. During this hearing, the Petitioner will have to testify as to the purpose of filing the petition. Based on that the Judge determines if the emergency appointment of a guardian is needed to be finalized. If so, the Petitioner will be sworn in as the Temporary Guardian. From this point the Respondent will need to be examined by the interdisciplinary evaluation team which consist of the ward’s doctor, a psychologist, and a social worker. Each team member must provide a report to the Court with their recommendations. If the team members agree then a bench trial can be conducted, if not then a jury trial must be held.
The possible findings are complete or partial disability and may recommend one of the following based on it.
Full Guardianship/Full Conservator – The guardian is responsible for the personal and financial needs of the ward. A court has found the ward fully disabled and all personal and financial rights are removed except the right to vote.
Limited Guardian – The disabled person is declared partially disabled and can manage some personal needs but may need assistance with others. In this case, the court will also decide which civil rights the person can retain, and which are given to the guardian. For example, the right to drive a car, the right to make medical decisions and the right to determine where to live.
Limited Conservator – The disabled person only needs help with managing some financial or fiduciary affairs. In this case, the court will also decide which civil rights the person can retain, and which are given to the conservator. Such as the right to sell property and the right to sign legal documents such as checks marriage licenses or wills.
In Rowan County there are no fees to file a guardianship. However, if the Respondent is not indigent then the guardian will be responsible for paying for the fees for the evaluation(s) and Guardian ad Litem with the Respondent’s fund. If the Respondent is indigent, then the fees may be paid from the County funds.
Within sixty (60) days after being as appointed, the Emergency Temporary Guardian with financial responsibilities or Conservator must make an inventory of the Ward’s estate and report to the Court. Furthermore, The Guardian is also responsible for reporting to the Court annually. The report includes disclosing the Ward’s location, age, social and physical condition, guardian’s visits, and activities on behalf of the Ward, and whether the appointment should continue. If the Guardian is responsible for the Ward’s finances and property, a similar report called a Biennial Report is made every two years regarding the financial position of the estate.
Casey’s Law
This is a law for involuntary drug treatment. This Act provides a means of intervening with someone who is unable to recognize his or her needs for treatment due to their impairment. This law will allow parents, relatives, and/or friends to petition the court for treatment on behalf of the person who is substance abuse impaired. Treatment options can vary depending on the circumstances of each individual.
The petitioner is obligated to pay all costs incurred in the process, including treatment. HOWEVER, there are many free or low-cost inpatient treatment centers in Kentucky, and several grassroots organizations can help you navigate treatment options.
A petition is filed with the district court clerk by a spouse, relative, friend, or guardian of the substance abuse impaired person.
The court reviews the allegations in the petition and examines the petitioner under oath.
The court determines whether there is a probable cause to order treatment for the respondent. If probable cause is established, the court orders the respondent to be evaluated, and a hearing is set within fourteen (14) days. The respondent is notified of the date and purpose of the hearing. The respondent is evaluated by two (2) qualified health professionals, a physician and qualified health professional. A trial is held for the Court to make a determination if the respondent should undergo treatment, the court shall order treatment from sixty (60) days or up to three hundred sixty (360) days, dependent upon the request in the petition and the result of the hearing. Failure to comply may place the respondent in contempt of court.
202A
Involuntary to determine is someone is a danger to themselves or others. Danger as defined in 202A.011 is substantial physical harm or threat of substantial physical harm upon self, family, or others, including actions which deprive self, family, or others of the basic means of survival including provision for reasonable shelter, food, or clothing.
The duty of the county attorney is to assist the petitioner and represent the interest of the Commonwealth and to assist the court in its inquiry by the presentation of evidence.
To file a 202A the petitioner must come to the County Attorney’s office and complete the petition. Once completed it is presented to the Judge to determine if a person needs to be evaluated. The signed petition is then given to law enforcement for them to transport the person to the hospital to be evaluated.