Legal Question in Family Law in Kentucky

My husband's brother is in an adult foster care program in the state of Kentucky. They keep declaring him mentally disabled, though he is capable of taking care of himself. He doesn't even live with the woman who holds guardianship. He instead is being bounced around to several different homes. He has tried before to take it to court to get free of this program, but has been pretty much railroaded every time. He has even tried to just leave, but was found and thrown in jail for leaving. He is 26 years old. Every "adult foster care provider" he's lived with has used him rather than actually help him, the current couple having him take care of the husband by himself and the wife staying gone all day. He is being treated like a paycheck rather than an actual person, which the state of Kentucky is known for. By the programs rules, he's not even allowed to contact his blood relatives, which means he's not supposed to be talking to my husband. He's expressed many times his want to get away from this situation and come stay with his brother. What should we do to get him out of their care and free to live his own life?


Asked on 5/11/13, 7:00 pm

1 Answer from Attorneys
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

The following statute would allow your brother-in-law to seek relief from the declaration of disability which, if I understand you, has led to the appointment of a guardian:

http://www.lrc.ky.gov/KRS/387-00/620.PDF

Again, assuming that we are speaking of guardianship, the following sets out the rights which a person may lose if declared "disabled" under KY law.

http://www.lrc.ky.gov/KRS/387-00/590.PDF

I am not aware of any program which limits family contact.

You may be able to find assistance from the KY Office of Protection & Advocacy:

http://www.kypa.net/

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Answered on 5/13/13, 9:55 am


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