WebJan 24, 2024 · A person cannot be declared incompetent simply because he or she makes irresponsible or foolish decisions, but only if the person is shown to lack the capacity to make sound decisions. For example, a person may not be declared incompetent simply because he or she spends money in ways that seem odd to someone else. WebApr 21, 2024 · A defendant is incompetent to stand trial when she lacks a "sufficient present ability to consult with [her] lawyer with a reasonable degree of rational understanding" and lacks "a rational as well as factual understanding of the proceedings against [her]." Dusky v. United States, 362 U.S. 402, 402 (1960).

Kentucky’s Insane Civil-Commitment Policy - National Review

WebJun 1, 2016 · Coleman, 323 S.W.3d 770 (Ky. Ct. App. 2010), the Court of Appeals stated that Kentucky Rules of Evidence 611 (1992) does not afford the court the discretion to unilaterally exclude testimony of a child in a custody or visitation proceeding unless that child is incompetent to testify. Webincompetent and shall give due regard to the other requests and recommendations contained in the petition. (3) The petition may be deposited with the circuit clerk of the county in which the party resides, or with any person, firm, bank, or trust company selected by the petitioner. song for parents wedding anniversary

New Kentucky law closing criminal justice system loophole will

WebOct 18, 2024 · The facility also provides inpatient treatment for individuals who have been adjudicated incompetent to stand trial and are held on a civil commitment order. All … WebUntil 1982, legally disabled persons in Kentucky were called "incompetent." The persons ... When individuals were declared incompetent, they lost all of their civil rights (including the right to marry, to have drivers' licenses, to buy or sell property, or to make wills) regardless of their abilities to manage some of their own affairs. On ... WebSep 17, 2013 · Here are five general steps to follow to get someone declared legally incompetent: 1. File for Guardianship. If you haven't already done so, you need to file a petition to be appointed as guardian over the person you wish to be declared incompetent. Applying for guardianship with your local probate court, even if not necessary in your … song for parents to walk down aisle