Kentucky Revised Statutes Title XXXIII. Administration of Trusts and Estates of Persons Under Disability § 387.740.Emergency powers of court; petition and hearing on emergency appointment

(1) The court may exercise the powers of a limited guardian or limited conservator or may appoint an individual or agency to exercise such powers before or during the pendency of a proceeding for a determination of partial disability or disability or an appeal therefrom, if it appears that there is danger of serious impairment to the health or safety of the respondent or damage or dissipation to his property if immediate action is not taken.

(2) Prior to a hearing on the need for an emergency appointment of a limited guardian or limited conservator, a petition shall be filed by any person or entity which sets forth the following:

(4) The Commonwealth shall present evidence at the hearing. The petitioner shall have the right to present evidence in support of the petition at the hearing in addition to any evidence presented by the Commonwealth, and shall have the right to cross-examine witnesses.

(5) The burden shall be on the Commonwealth and the petitioner to prove by clear and convincing evidence the need for the emergency appointment of a limited guardian or conservator.

(6) If the court exercises the powers of a limited guardian or limited conservator or appoints another to do so in an emergency situation as set forth in subsection (1) of this section, the court shall state on the record findings of fact as to the danger determined to be imminent, the sources relied on in arriving at such determination, the type of assistance to be provided, and the powers and duties of the emergency guardian or conservator. The authority of the guardian or conservator shall expire upon resolution of the appeal or action.