Legal Question in Family Law in Kentucky
hello,
I have a "terms" question...
Our daughter is mentally ill and in psychiatric custody. She will be 18 next month. She is currently under Juvenile Services (DCBS). We filed Dependency in January 2010.
We are wanting to go back to court before her 18th birthday and attempt to declare her mentally ill in order for Adult Protective Services to continue her care. She is a danger to herself and others...has in the recent past attempted suicide numerous times, and has assaulted others and tried to kill another patient.
What is the term called that will prompt the judge to start this process? Is it "mentally ill" or "mentally incapacitated" or what? I'm drafting my letter to the judge as I speak.
Thank you,
M. Johnson
3 Answers from Attorneys
I think the terms are interchangeable. I would use the actual diagnosis, if there is one, i.e. bipolar disorder, etc.
Do you have an attorney? I would definitely recommend consulting an attorney before filing anything with the court. Because your daughter's condition is so serious, you want to make certain that everything is filed correctly, and all appropriate procedures are followed, so this doesn't fall through the cracks. While the court often gives leniency for the pro se parties, procedural rules can't be ignored. For instance, ex parte communications with the judge are only allowed in certain circumstances, such as for emergency orders. So, please make certain that you are following proper procedures, before proceeding.
I notice you are in Lexington. I would recommend contacting Legal Aid, or the Fayette County Bar Association's Pro Bono program, if you cannot afford representation. If you need assistance finding an attorney and can afford one, call the Central Kentucky Lawyer Referral Service.
The most correct term is "incompetent" meaning the person is not competent to make decisions for him/her self and is unable to meet certain basic needs.
The proper term is "disabled," from KY Revised Statutes Chapter 387, sections 500 and following. "Incompetent" is only used in KY to refer to "incompetent to stand trial" on criminal charges. "Disabled" refers to the inability to make informed decisions on one's own behalf. As an assistant county attorney in Jefferson County (Louisville) from 1983-2001, I was responsible for commitment proceedings ("Mental Inquest Warrants") and Disability Court proceedings. If your daughter, upon attaining age 18, is not able to handle her personal and/or financial affairs, a Disability proceeding should be initiated, and your county attorney's office is responsible to "assist the petitioner" (presumably you). If the court finds your daughter to meet the legal standard for disability, you could be appointed her guardian. Sincere best wishes to you and your family.
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