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Frequently Asked Questions

Q: Does a person need to be a relative to take out a mental inquest warrant (MIW)?

A: Anyone with recent, firsthand information can take out a MIW.

Q: How long does it take for a mental inquest warrant to be served?

A: While there is no way to estimate how long it will take to serve a MIW, we inform the petitioner that it may take one to five hours. If the MIW has not been served within five hours, contact the Louisville Metro Police Department.

Q: Does the respondent have access to who filed the mental inquest warrant and the petitioner’s contact information?

A: Yes, the respondent gets a copy of the petition. If any information needs to be changed for safety reasons, it must be changed before the judge reviews the MIW.

Q: What is the procedure for serving as a guardian?

A: The petitioner submits the initial forms, including typewritten proof of the Social Security number of the respondent. Doctors and attorneys are appointed for the respondent and then the case is reviewed by the assistant county attorney. The jury trial is typically set within 60 days of the filing of the petition.

Q: If someone is appointed a guardian, what are that person’s duties and rights?

A: Once a guardian is appointed, he or she has to file an inventory of the ward’s assets within 60 days and provide annual reports related to the ward’s condition and finances. The guardian may also have access to pay bills and make financial and medical decisions on behalf of the respondent.

Q: Under what circumstances would a person seek to be appointed a guardian?

A: When a person (respondent) can no longer make his or her own decisions, suffers dementia, brain injury and/or mental retardation.