Need opening paragraph to explain forms in general, purpose, and where they get these forms.
Filing a petition means that there is reason to believe that an individual needs a guardian and/or conservator.
Filing a petition to determine if an individual is disabled is the first step in establishing a guardianship case.
If the situation is urgent and the individual is in imminent danger or their, resources are in imminent danger due to abuse, neglect or exploitation, an emergency petition, (AOC 747) should be filed at the same time.
These two forms must be filed with the district/disability court in the county where the individual resides.
Filing an Application for Appointment of Fiduciary for Disabled Persons means that you want to be appointed as the guardian and/or conservator.
This application is filed at the same time as the Petition to Determine if Disabled. Other interested parties may file applications with the court at any time prior to the selection of a guardian and conservator, and these applicants should also be considered for this role.
In the absence of any agency or person willing and able to be guardian, the Cabinet for Health and Family Service is usually appointed.
DAIL reviews all petitions that are referred to CHFS for appropriateness. If appropriate, DAIL staff are authorized to complete and sign an AOC 745.
Once a Petition to Determine if Disable is file with the courts, the court assigns an Interdisciplinary (IDT) team to meet with the individual. The court will also schedule a hearing in about 60 days.
The members of the IDT team consist of a social worker, usually a cabinet employee with the Department for Community Based Services (DCBS), a medical doctor and a psychologist.
Each of these team members meet with the individual on different days and evaluates the individual to determine if they are wholly disabled, partially disabled or not disabled in making personal decisions. They repeat the process for financial decisions.
Each of the team members will record their findings in separate reports. One team member, typically the Social Worker, will compile them into one report.
This final report will be used as evidence in a bench hearing or jury trial as part of the testimony presented by the IDT member.
If the consensus of the team is that the individual is not disabled, the case is usually dismissed.
If the individual or respondent is considered a “poor person” as defined by KRS 453.190, the cost of the IDT evaluations will be paid by the court. If they are not considered “poor” then payment may be the responsibility of the respondent.