In Kentucky, guardianship is a legal relationship between a court-appointed adult who assumes the role of guardian for a ward. A ward is a person who has been declared legally disabled by the court and is no longer able to care for his or her personal and/or financial needs.
A guardian may be a friend or family member willing to care for the disabled individual. If no one is available to care for the disabled person, the court appoints the Cabinet for Health and Family Services state guardian.
Kentucky Guardianship and Conservatorship are governed by KRS 387.500-387.800. The below are basic definitions of some of the common terms you may see throughout the statues and in the guardianship process.
Conservator – person or entity appointed by the court to manage the finances of the Respondent.
Limited Conservator – person or entity appointed by the court to manage the finances of a Respondent, who is found to be partially disabled. The court order should specifically list the powers and duties of a limited conservator.
Guardian – person or entity appointed by the court to manage the Respondent’s personal affairs.
Limited Guardian – person or entity appointed by the court to manage the personal affairs of a Respondent, who is found to be partially disabled. The court order should specifically list the powers and duties of a limited guardian.
Disabled – a legal disability (not a medical one) measured by functional inabilities. KRS 387.500(8) states that it is a person over the age of seventeen, who is:
(a) Unable to make informed decisions with respect to his personal affairs to such an extent that he lacks the capacity to provide for his physical health and safety, including but not limited to health care, food, shelter, clothing, or personal hygiene; or
(b) Unable to make informed decisions with respect to his financial resources to such an extent that he lacks the capacity to manage his property effectively by those actions necessary to obtain, administer, and dispose of both real and personal property.
Partially Disabled – refers to a person who lacks some capacity to manage personal or financial affairs but is not fully disabled.
Respondent – the person alleged to be in need of a guardian or conservator. Sometimes referred to as a “ward” or “protected person.”
Petitioner – the person or entity who files a petition with the district court indicating that the Respondent is disabled and is in need of a guardian or conservator.
Courtesy of Kentucky’s Division of Guardianship and KYGuardianship.org.
These forms are provided as a convenience to individuals to assist them in their official capacities or their pursuit of justice. These forms are not a substitute for legal advice and if you have difficulty filling out these forms, then you may wish to consult with an attorney. The proper use and handling of these legal forms is important. Improper use of a form, or alteration of a form (beyond mere completion) without removal of the seal of the commonwealth and the AOC form number, is prohibited and may result in civil or criminal liability.
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Courtesy of KentuckyCourts.gov.