UNIFORM VETERANS' GUARDIANSHIP ACT

KRS tit. XXXIII, ch. 388

in effect

KRS 388.010 Repealed, 1942

388.010. Repealed, 1942 Catchline at repeal: Definitions. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-1.

KRS 388.020 Repealed, 1942

388.020. Repealed, 1942 Catchline at repeal: Apppointment of guardian or committee. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-2.

KRS 388.030 Repealed, 1942

388.030. Repealed, 1942 Catchline at repeal: Guardian or committee may not act for more than five wards; exceptions. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-3.

KRS 388.040 Repealed, 1942

388.040. Repealed, 1942 Catchline at repeal: Petition for appointment of committee. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-4.

KRS 388.050 Repealed, 1942

388.050. Repealed, 1942 Catchline at repeal: Certificate is evidence of necessity for guardian. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-5.

KRS 388.060 Repealed, 1942

388.060. Repealed, 1942 Catchline at repeal: Statement for appointment of committee. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-6.

KRS 388.070 Repealed, 1942

388.070. Repealed, 1942 Catchline at repeal: Notice of petition. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-7.

KRS 388.080 Repealed, 1942

388.080. Repealed, 1942 Catchline at repeal: Court to approve guardian or committee; bond. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-8.

KRS 388.090 Repealed, 1942

388.090. Repealed, 1942 Catchline at repeal: Annual accounting with court; certified copy to bureau; notice and hearing. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-9.

KRS 388.100 Repealed, 1942

388.100. Repealed, 1942 Catchline at repeal: Failure to file account; removal for. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-10.

KRS 388.110 Repealed, 1942

388.110. Repealed, 1942 Catchline at repeal: Compensation of guardian or committee. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-11.

KRS 388.120 Repealed, 1942

388.120. Repealed, 1942 Catchline at repeal: Investment of ward's funds. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-12.

KRS 388.130 Repealed, 1942

388.130. Repealed, 1942 Catchline at repeal: Use of ward's estate for support of others. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-13.

KRS 388.140 Repealed, 1942

388.140. Repealed, 1942 Catchline at repeal: Copy of public records to be furnished bureau. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-14.

KRS 388.150 Repealed, 1942

388.150. Repealed, 1942 Catchline at repeal: Commitment of veteran to U.S. Veterans' Hospital. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-15.

KRS 388.160 Repealed, 1942

388.160. Repealed, 1942 Catchline at repeal: Discharge of guardian or committee on majority or competency of ward. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-16.

KRS 388.170 Repealed, 1942

388.170. Repealed, 1942 Catchline at repeal: Construction of chapter. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-17.

KRS 388.180 Repealed, 1942

388.180. Repealed, 1942 Catchline at repeal: Title of chapter. History: Repealed 1942 Ky. Acts ch. 25, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043-18.

KRS 388.190 Definitions

388.190. Definitions As used in this chapter: (1) The term "person" includes a partnership, corporation or an association. (2) The term "Veterans Affairs" means the United States Department of Veterans Affairs, its predecessors or successors. (3) The terms "estate" and "income" shall include only moneys received by the guardian or conservator from the Veterans Affairs, all earnings, interest and profits derived therefrom and all property acquired therewith. (4) The term "benefits" shall mean all moneys paid or payable by the United States through the Veterans Affairs. (5) The term "administrator" means the administrator of veterans affairs or his successor. (6) The term "ward" means a beneficiary of the Veterans Affairs. (7) The term "guardian" as used herein shall mean any person acting as a fiduciary for a person adjudged mentally disabled. (8) The term "court" means the District Court of the county of the beneficiary's residence. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 20, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 141, sec. 115, effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 347, effective January 2, 1978. -- Created 1942 Ky. Acts ch. 25, sec. 1. Note. 1980 Ky. Acts ch. 396, sec. 126 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.200 Administrator of veterans affairs is necessary party to proceedings relating to estate of beneficiary -- Notice

388.200. Administrator of veterans affairs is necessary party to proceedings relating to estate of beneficiary -- Notice The administrator of veterans affairs, or his successor, is and shall be a party in interest in any proceeding brought under any law of this state for the appointment of a guardian or conservator for any beneficiary, who is a minor or who has been adjudged mentally disabled, or the Veterans Affairs on whose account benefits have been paid or are payable by said Veterans Affairs, and the said administrator or his successor is and shall be an interested party in any court proceeding pertaining to or affecting in any manner the administration of the estate of any such beneficiary on whose account such benefits are payable or whose estate includes assets derived from benefits paid by the Veterans Affairs, its predecessor or successor. Written notice shall be given by certified mail, return receipt requested, unless waived in writing, to the office of the Veterans Affairs having jurisdiction over the area in which the court is located, of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any such beneficiary of the Veterans Affairs. Said notice shall be deposited in the mails not less than fifteen (15) days prior to the date of such hearing or other proceedings. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 21, effective June 29, 2017. -- Amended 1984 Ky. Acts ch. 111, sec. 156, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 141, sec. 116, effective July 1, 1982. -- Amended 1974 Ky. Acts ch. 315, sec. 83. -- Created 1942 Ky. Acts ch. 25, sec. 1A. Note. 1980 Ky. Acts ch. 396, sec. 127 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.210 When appointment of guardian or conservator to be made under this chapter

388.210. When appointment of guardian or conservator to be made under this chapter Whenever, pursuant to any law of the United States or regulation of the United States Department of Veterans Affairs, it is necessary, prior to payment of benefits, that a guardian or conservator be appointed for a minor or a mentally disabled beneficiary of the Veterans Affairs such appointment shall be made in the manner hereinafter provided. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 22, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 141, sec. 117, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 25, sec. 2. Note. 1980 Ky. Acts ch. 396, sec. 128 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.220 Guardian or conservator representing five or more wards not eligible -- Exceptions

388.220. Guardian or conservator representing five or more wards not eligible -- Exceptions (1) Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian or conservator of any minor or mentally disabled beneficiary of the Veterans Affairs if such proposed guardian or conservator shall at that time be acting as guardian or conservator for five (5) wards. In any case, upon presentation of a petition by an attorney of the Veterans Affairs under this section alleging that a guardian or conservator is acting in a fiduciary capacity for more than five (5) wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian or conservator and shall discharge such guardian or conservator in said case. (2) The limitations of this section shall not apply where the guardian or conservator is a bank or trust company. An individual may be guardian or conservator of more than five (5) wards if they are all members of the same family. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 23, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 141, sec. 118, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 25, sec. 3. Note. 1980 Ky. Acts ch. 396 sec. 129 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.230 Petition for appointment of guardian or conservator -- Who to be appointed

388.230. Petition for appointment of guardian or conservator -- Who to be appointed (1) A petition for the appointment of a guardian or conservator for any minor or mentally disabled beneficiary of the Veterans Affairs may be filed in the court having jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within thirty (30) days after mailing of notice by the Veterans Affairs to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed by or on behalf of any responsible person residing in this state. (2) The petition for appointment shall set forth the name, age, place of residence of such beneficiary, the name and place of residence of the nearest relative, if known, and the fact that such beneficiary is entitled to receive benefits payable by or through the Veterans Affairs and shall set forth the amount of moneys then due and the amount of probable future payments. (3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of such beneficiary, and the name, age, relationship, if any, occupation and address of the person proposed for appointment as guardian or conservator. Notwithstanding any provision of existing law as to priority, the court may appoint a capable individual, bank or trust company, as guardian or conservator, if the person entitled to priority fails to apply, or if after hearing the court determines it is for the best interest of such beneficiary to appoint another. (4) In the case of a mentally disabled beneficiary, the petition shall show that such beneficiary has been rated incompetent by the Veterans Affairs on examination in accordance with the laws and regulations governing the Veterans Affairs. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 24, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 141, sec. 119, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 25, sec. 4. Note. 1980 Ky. Acts ch. 396, sec. 130 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.240 Certificate of administrator is prima facie evidence of necessity for guardian

388.240. Certificate of administrator is prima facie evidence of necessity for guardian Where a petition is filed for the appointment of a guardian for a minor beneficiary of the Veterans Affairs, a certificate of the administrator of Veterans Affairs, or his authorized representative, accompanying such petition setting forth the age of such minor as shown by the records of the Veterans Affairs and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Veterans Affairs, shall be prima facie evidence of the necessity for such appointment. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 25, effective June 29, 2017. -- Created 1942 Ky. Acts ch. 25, sec. 5.

KRS 388.250 Certificate of administrator is prima facie evidence of necessity for guardian or conservator -- Guardian ad litem

388.250. Certificate of administrator is prima facie evidence of necessity for guardian or conservator -- Guardian ad litem Notwithstanding the provisions of existing law for adjudication of mental disability and appointment of a guardian or conservator upon the inquest of a jury, where a petition is filed for the appointment of a guardian or conservator for a mentally disabled beneficiary of the Veterans Affairs under the provisions of this chapter, who is found within this state, whether or not a resident thereof, a certificate of the administrator of Veterans Affairs or his duly authorized representative, accompanying such petition setting forth the fact that such beneficiary has been rated incompetent by the Veterans Affairs on examination in accordance with the laws and regulations governing such Veterans Affairs, and that the appointment of a guardian or conservator is a condition precedent to the payment of any moneys due each beneficiary by the Veterans Affairs, shall be prima facie evidence of the necessity for such appointment. Provided, however, that some member of the bar shall be appointed by the court to represent and protect the interests and rights of such mentally disabled beneficiary as provided under existing law, and further that the right of any such mentally disabled beneficiary or any person interested in such beneficiary to demand a trial by jury shall not be denied. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 26, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 141, sec. 120, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 25, sec. 6. Note. 1980 Ky. Acts ch. 396, sec. 131 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.260 Notice of petition for appointment of guardian or conservator

388.260. Notice of petition for appointment of guardian or conservator Upon the filing of a petition for the appointment of a guardian or conservator under the provisions of this chapter, notice shall be given in like manner as is provided under existing law. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 143, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 25, sec. 7.

KRS 388.270 Court to approve appointment -- Bond of guardian or conservator

388.270. Court to approve appointment -- Bond of guardian or conservator (1) Before making an appointment under the provisions of this chapter, the court shall be satisfied that the person whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made, the guardian or conservator shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income during the ensuing year. The said bond shall be in the form and be conditioned as required of guardians and conservators appointed under the general guardianship laws of this state. The court shall have power from time to time to require the guardian or conservator to file an additional bond. (2) Where a bond is tendered by a guardian or conservator with personal sureties, there shall be at least two (2) such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution. Notwithstanding such tender, the court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 121, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 25, sec. 8. Note. 1980 Ky. Acts ch. 396, sec. 132 would have amended this section effective July 1, 1982. However 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.280 Biennial accounting -- Notices and information to be given to Department of Veterans Affairs -- Hearings

388.280. Biennial accounting -- Notices and information to be given to Department of Veterans Affairs -- Hearings (1) Every guardian or conservator who shall receive on account of his ward any moneys from the Veterans Affairs, shall file with the court biennially, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true and accurate account under oath of all moneys so received by him, of all disbursements thereof, and showing the balance thereof in his hands at the date of such account and how invested. The guardian or conservator, at the time of filing his account shall exhibit all securities or investments described therein to an officer of the bank or other depository wherein said securities are held for safekeeping, or to an authorized representative of the corporation which is surety on his bond, or to the clerk or deputy clerk of a court of record in this state or to any other reputable person designated by the court upon request of the guardian or conservator or other interested party, who shall certify in writing that he has examined such securities or investments and identified them with those described in the account; provided, that if such depository is the guardian or conservator, such certifying officer shall be an officer other than the officer verifying the account, or the guardian or conservator may exhibit such securities or investments to the judge of the court who shall endorse on the account and copy thereof a statement that the securities or investments shown therein as on hand were in fact exhibited to him and that those exhibited to him were the same as those shown in the account. Such certificate, and the certificate of an official of the bank in which is deposited any cash balance showing the amount on deposit shall be filed by the guardian or conservator with his account. A certified copy of each such account and a signed duplicate of such certificates filed with the court shall be sent by the guardian or conservator to the office of the Veterans Affairs having jurisdiction over the area in which such court is located. A duplicate signed copy, or certified copy of any petition, motion or other pleading which is filed in the guardianship proceedings, or in any proceedings for the purpose of removing the disability or minority or of mental incompetency, shall be furnished by the person filing the same, to the office of the Veterans Affairs concerned. The court, unless hearing be waived in writing by the chief attorney of the Veterans Affairs, shall fix a time and place for the hearing on such account, petition, or other pleading, not less than fifteen (15) days nor more than thirty (30) days from the date of filing same unless a different available date be stipulated in writing and written notice of the time and place of such hearing shall be given by the court to the aforesaid Veterans Affairs office not less than fifteen (15) days prior to the date fixed for the hearing. Notice of such hearing shall in like manner be given to the guardian or conservator and to any others entitled to notice. (2) The clerk shall mail said Veterans Affairs office a copy of each order entered in any guardianship proceeding wherein the Veterans Affairs is an interested party. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 27, effective June 29, 2017. -- Amended 1986 Ky. Acts ch. 10, sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 141, sec. 122, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 25, sec. 9. Note. 1980 Ky. Acts ch. 396, sec. 133 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.290 Removal for failure to file accounts or furnish documents

388.290. Removal for failure to file accounts or furnish documents If any guardian or conservator shall fail to file with the court or the Veterans Affairs, as required by this chapter, any account of the benefits received by him from the Veterans Affairs on account of his ward within thirty (30) days after such account is due, or shall fail to furnish the Veterans Affairs a true copy of any account or of any petition or pleading as required by this chapter, such failure shall be grounds for removal. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 28, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 141, sec. 123, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 25, sec. 10. Note. 1980 Ky. Acts ch. 396, sec. 134 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.300 Compensation of guardian or conservator

388.300. Compensation of guardian or conservator Compensation payable to guardians or conservators shall not exceed five percent (5%) of the income of the ward during any year, but in no event shall the amount of such compensation be less than fifty dollars ($50) for each year. In the event of extraordinary services rendered by any guardian or conservator, the court may, upon petition and after notice to the Veterans Affairs and hearing thereon, authorize reasonable additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given to the proper office of the Veterans Affairs in the manner provided in KRS 388.280. No commission or compensation shall be allowed on the estate received from a preceding guardian. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 29, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 141, sec. 124, effective July 1, 1982. -- Amended 1962 Ky. Acts ch. 250, sec. 1. -- Created 1942 Ky. Acts ch. 25, sec. 11. Note. 1980 Ky. Acts ch. 396, sec. 135 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.310 Investment of funds

388.310. Investment of funds All funds in possession of such guardian or conservator shall be invested in such securities or other property in which the guardian or conservator has no interest, as allowed by law which investment shall be first approved by the court; except that investments in direct interest-bearing obligations of the United States government or of this state shall be permissible without an order of the court. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 125, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 25, sec. 12. Note. 1980 Ky. Acts ch. 396, sec. 136 would have amended this section effective July 1, 1982. However 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.320 Support of persons other than ward

388.320. Support of persons other than ward A guardian or conservator shall not apply any portion of the estate of his ward for the support and maintenance of any person other than said ward, his minor children and his spouse (if the spouse and the ward be living together) except upon petition to and prior order of the court after a hearing, notice of which has been given the proper office of the Veterans Affairs in the manner and within the time provided in KRS 388.280. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 30, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 141, sec. 126, effective July 1, 1982. -- Amended 1974 Ky. Acts ch. 386, sec. 72. -- Created 1942 Ky. Acts ch. 25, sec. 13. Note. 1980 Ky. Acts ch. 396, sec. 137 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.330 Certified copies of records to be furnished to applicant or Department of Veterans Affairs without charge

388.330. Certified copies of records to be furnished to applicant or Department of Veterans Affairs without charge Whenever a copy of any public record is required by the Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by such Veterans Affairs, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the authorized representative of such Veterans Affairs with a certified copy of such record. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 31, effective June 29, 2017. -- Created 1942 Ky. Acts ch. 25, sec. 14.

KRS 388.340 Termination of guardianship or conservatorship

388.340. Termination of guardianship or conservatorship Upon filing a petition, or certificate, showing that a minor ward has attained majority, or that a mentally disabled ward has been rated competent upon examination in accordance with the law, the court may order the guardian or conservator to file a final account; and, upon hearing, after notice to the former minor or mentally disabled person and to the Veterans Affairs in the manner and within the time provided by KRS 388.280, and upon approval of the final account, the court may so adjudge and discharge the guardian or conservator and release the sureties from liability upon delivery to the former ward of the assets due him by the former guardian or conservator, and may make such further order as may be lawful. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 32, effective June 29, 2017. -- Amended 1982 Ky. Acts ch. 141, sec. 127, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 25, sec. 15. Note. 1980 Ky. Acts ch. 396, sec. 138 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 388.350 Commitment or transfer of mentally disabled person to custody of Department of Veterans Affairs or other federal agency

388.350. Commitment or transfer of mentally disabled person to custody of Department of Veterans Affairs or other federal agency (1) Whenever in a proceeding for the trial and commitment of any person who appears to be mentally disabled it is determined that such person is either an individual with an intellectual disability, an epileptic, or a mentally ill person and ought to be committed for safekeeping or treatment and it appears that such person is eligible for care or treatment by the Veterans Affairs or other agency of the United States government, the court of the county in which such person is found, having jurisdiction in such matters, upon receipt of a certificate from the Veterans Affairs or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to the Veterans Affairs or other agency of the United States government for care or treatment. Thereafter, such person, upon admission to any such facility, shall be subject to the rules and regulations of the Veterans Affairs or other agency of the United States government. The chief officer of any such facility or institution to which such person is committed under the provisions of this section shall be vested with the same powers as are exercised by superintendents of state hospitals for mental diseases within this state with respect to the retention, transfer, parole or discharge of the person so committed. Notice of such pending commitment proceedings shall be furnished the person whose commitment is sought and his right to appear and defend shall not be denied. The judgment or order of commitment by a court of competent jurisdiction of another state committing a person to the Veterans Affairs or other agency of the United States government, for care or treatment, shall have the same force and effect as to such person while in this state as in the state in which is situated the court entering such judgment or making such order. (2) Upon receipt of a certificate of the Veterans Affairs or such other agency of the United States government that facilities are available for the care or treatment of any person heretofore committed to any hospital for the mentally ill or other institution in this state for the care of persons similarly disabled and that such person is eligible for such care or treatment, the superintendent of any such hospital or institution in this state is hereby authorized to cause the transfer of any such person to the Veterans Affairs or other agency of the United States government for care or treatment. Upon effecting any such transfer, the committing court shall be notified thereof by the transferring agency; provided, however, that no person shall be transferred if he be confined pursuant to conviction of any crime or misdemeanor, or if he shall have been acquitted of any such charge solely on the ground of insanity, unless prior to such transfer the court originally committing such person shall enter an order for such transfer after appropriate motion and hearing. (3) Any person transferred as provided in this section shall be deemed to be committed to the Veterans Affairs or other agency of the United States government pursuant to the original commitment the same as if he had been originally so committed. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 33, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 146, sec. 115, effective July 12, 2012. -- Amended 1982 Ky. Acts ch. 141, sec. 144, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 92, sec. 11, effective June 17, 1978. -- Created 1942 Ky. Acts ch. 25, sec. 16.

KRS 388.360 Construction and application of chapter

388.360. Construction and application of chapter This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the Veterans Affairs. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 34, effective June 29, 2017. -- Created 1942 Ky. Acts ch. 25, sec. 17.

KRS 388.370 Title of chapter

388.370. Title of chapter This chapter may be cited as the "Uniform Veterans' Guardianship Act." History: Created 1942 Ky. Acts ch. 25, sec. 18.

KRS 388.380 Application of other laws

388.380. Application of other laws All laws or parts of laws relating to beneficiaries of the Veterans Affairs inconsistent with this chapter are hereby repealed. Except where inconsistent with this chapter, the general guardianship laws of this state and the laws establishing the practice in such matters including rights of appeal, shall be applicable to such beneficiaries and their estates. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 35, effective June 29, 2017. -- Created 1942 Ky. Acts ch. 25, sec. 20.

KRS 388.390 Chapter governs estates of beneficiaries of Department of Veterans Affairs

388.390. Chapter governs estates of beneficiaries of Department of Veterans Affairs The provisions of this chapter relating to surety bonds and the administration of estates of Veterans Affairs beneficiaries under guardianship shall apply to all such estates heretofore or hereafter created under the general laws of this state to the extent that such estates have assets derived from benefits paid by the Veterans Affairs or receive such benefits in the future. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 36, effective June 29, 2017. -- Created 1942 Ky. Acts ch. 25, sec. 21.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39184Fetched: 10/20/2026