How to Have Someone Declared Incompetent in Kentucky

The inevitable ravages of time may eventually take a toll on a person's mental health as well as physical well-being. In such cases, or in situations in which an individual has suffered a sudden brain injury or other such trauma, it may be necessary to have him declared mentally incompetent by a court of law. Declarations of incompetence allow loved ones to manage in their names the affairs of the incompetent person. Kentucky has a specific process established for having someone declared incompetent.

Instructions

1. Schedule an appointment with a physician licensed in the state to review the individual's mental competence.

2. Have the doctor sign a statement declaring the individual mentally incompetent. In order for the courts to legally declare someone incompetent in Kentucky, it must be backed by a physician's diagnosis.

3. File a petition for incompetence in the county court of the individual's county of residence. There is no single form, but the petition should include your name and address, the name and address of the individual for whom an incompetence declaration is sought, the reasons for the petition, a description of the assets of the individual (with bank and financial records attached as evidence) and a copy of the doctor's declaration of incompetence.

4. State in your petition your relationship to the individual. You don't have to be a family member to declare someone incompetent; you can, for example, be a friend, a social worker or an attorney.

5. Wait for the court clerk to issue a court date. Appear as scheduled to present your case to the judge.

References

• "Legal Aspects of Elder Care"; Marshall Kapp; 2009
• Kentucky Elder Law: Power of Attorney