Legal Question in Family Law in Kentucky
Declaring adult child incompetent
I am concerned about a friend's brother. The
brother is 31 years old and is dying due to his
long-term extensive use of alcohol.
Anyway, my question is this: Can his parents take him to court and seek a declaration of incompetency? About 1 year ago he was given 2 weeks to live, due to the extreme state his liver was in at only 5% functioning and his kidneys did begin shutting down. He lived through this, but is now drinking again and has been for several months Three weeks ago, he tried to commit suicide by swallowing valium and other pills, washing this down with
vodka. He lived and checked himself out of
the hospital. He is living with his parents who
are just watching him kill himself by continuing
to drink. He is underweight and will probably
die if something is not done..What can be
done to get him hospitilized without being able
to leave...even if it is the state mental hospital!
What can be done? Please help
1 Answer from Attorneys
Re: Declaring adult child incompetent
Under Kentucky law, any person may petition the district court to have your friend's brother declared incompetent and to have a guardian appointed to make medical decisions on his behalf and to handle his finances. The parents must first go to the district court clerk in your county and file a petition for guardianship and a motion to be appointed as temporary guardians; most judges won't do this without a letter from a doctor stating that he is incapable of caring for himself because of some mental disease or disability. If the court appoints a temporary guardian, it will then schedule the matter for a jury trial and appoint a guardian ad litem (a local attorney) to defend the person's legal rights.
Before trial, your friend's brother will be evaluated by a social worker, his family physician, and a psychiatrist. A jury trial will then take place, and the jury will generally follow the doctors' recommendations.
If you have any questions or need assistance in the matter, see an attorney who has handled these types of cases.
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