Kentucky Statutes 387.828 – Special jurisdiction
Current as of: 2024 | Check for updates
|
Other versions
(1) A court of this state lacking jurisdiction under KRS § 387.826 has special jurisdiction to do any of the following:
(a) Appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;
(b) Issue a protective order with respect to real or tangible personal property located in this state; and
(c) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to KRS § 387.840.
(2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 47, sec. 10, effective June 8, 2011.
(a) Appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;
Terms Used In Kentucky Statutes 387.828
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Issue a protective order with respect to real or tangible personal property located in this state; and
(c) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to KRS § 387.840.
(2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 47, sec. 10, effective June 8, 2011.