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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience:  Attorney and Counselor at Law
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My family is trying to prove incompetence and I'm not but

Customer Question

My family is trying to prove incompetence and I'm not but have no one they will gain fsarm and 3 homes
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

Hello. I will help you with your questions. I have been an attorney for 26 years and will be happy to give you information.

Can you please tell me what questions you have?

Customer: replied 1 year ago.
I am a widow i have falsely been accused of threatening to harm myself, my daughter's called police dispatch yesterday and gave a false report police came and acted as if they could take me in I live in rural area 2wks ago federal detectives informed me there was a investigation going on and they were trying to obtain. My assets how do I protect myself
Customer: replied 1 year ago.
I have 3 homes 2 of which are rented and 74 acre farm
Customer: replied 1 year ago.
The detectives said one of cases of which is being investigated my dad purchases the firearm collection about 18'000.00 dollars in firearms the gentleman was found dead deemed suicide. This has happened several times in last 10 years in Hopkins and Webster counties in ky
Expert:  Colleen Grady replied 1 year ago.

I am sorry to hear what you are going through. The Green River Area Development District - Phone:(###) ###-#### ***** ***** agency that may be able to help you. They serve seniors. They also have a hotline you can call if someone is exploiting you. As you said, if your daughter is filing "false reports", this would be considered Elder Abuse". It is exploitation. Here is the web link: Here is the Elder Abuse Hotline > (800)(###) ###-####/strong>.

The law protects you. In Kentucky, there has to be evidence presented to a judge that you are a “danger” to yourself or others. This evidence would have to come from a mental health professional at a hospital. You would have to say something to the mental health professional that you wanted to cause harm to yourself or your family. If the mental health professional finds you are a harm to yourself of or others, he/she has to go to court and give this evidence. If a court finds there is evidence, he/she can hold you for NO MORE THAN 72 hours.

Here is what the law actually says:

KY. REV. STAT. ANN. § 202A.041(1) § 202A.028(1)

[A] individual [who] is mentally ill and presents a danger or threat of danger to self, family, or others if not restrained shall [be taken by a peace officer] into custody and transport[ed] without necessary delay to a hospital or psychiatric facility. Following an examination by a qualified mental health professional and a certification by that professional that the person meets the criteria for involuntary hospitalization, a judge may order the person hospitalized for a period not to exceed seventy-two (72) hours, excluding weekends and holidays

(2) "Danger" or "threat of danger to self, family, or others" means substantial physical harm or threat of substantial physical harm upon self, family, or others, including actions which deprive self, family, or others of the basic means of survival including provision for reasonable shelter, food, or clothing;

Please let me know if I can help you more. I am here for you. If you are satisfied with my help, I ask that you rate my service.