GUARDIANS -- CONSERVATORS -- CURATORS OF CONVICTS

KRS tit. XXXIII, ch. 387

in effect

KRS 387.010 Definitions for KRS 387.010 to 387.280

387.010. Definitions for KRS 387.010 to 387.280 As used in KRS 387.010 to 387.280, unless the context requires otherwise: (1) "Minor" means any person who has not reached the age of eighteen (18). (2) "Interested person or entity" means an adult relative or friend of the minor, an official or representative of a public or private agency, corporation, or association concerned with the minor's welfare, or any other person found suitable by the District Court. (3) "Guardian" means an individual, agency, or corporation appointed by the District Court to have care, custody, and control of a minor and to manage the minor's financial resources. (4) "Limited guardian" means an individual, agency, or corporation appointed by the District Court to have care, custody, and control of a minor without the power to manage the minor's financial resources. (5) "Conservator" means an individual, agency, or corporation appointed by the District Court to manage the financial resources of a minor. (6) "Ward" means a person for whom a guardian, limited guardian, or conservator has been appointed. (7) "Parent" means a mother or father whose parental rights have not been terminated or suspended by prior court order. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 1, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 141, sec. 138, effective July 1, 1982. -- Amended 1976 Ky. Acts ch. 218, sec. 39. -- Amended 1968 Ky. Acts ch. 100, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2149. Note: 1980 Ky. Acts ch. 396, sec. 150 would have repealed this section effective July 1, 1982.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 Acts ch. 396 was repealed by 1982 Ky.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 387.020 Jurisdiction of District Courts over guardians, limited guardians, and conservators -- Venue of proceedings

387.020. Jurisdiction of District Courts over guardians, limited guardians, and conservators -- Venue of proceedings (1) District Courts shall have exclusive jurisdiction for the appointment and removal of guardians, limited guardians, and conservators for minors, and for the management and settlement of their accounts. (2) If the minor is a resident of the Commonwealth of Kentucky, venue for all proceedings under KRS 387.010 to 387.280 shall be: (a) In the county where the will of the minor's last surviving parent was probated, if that will nominates a guardian, limited guardian, or conservator pursuant to KRS 387.040; (b) In all other cases, in the county where the minor resides. (3) If the minor is not a resident of the Commonwealth of Kentucky, the venue for all proceedings under KRS 387.010 to 387.280 shall be in the county where the real or personal property of the minor is located, or if the minor has real or personal property in more than one (1) county, then venue shall be in any one (1) of the counties where property of the minor is located and where proceedings are first brought for the appointment of a guardian, limited guardian, or conservator. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 2, effective July 13, 1990. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 329, effective January 2, 1978. -- Amended 1968 Ky. Acts ch. 200 sec. 3. -- Amended 1942 Ky. Acts ch. 195, sec. 1, 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2015.

KRS 387.025 Application for appointment as guardian, limited guardian, or conservator

387.025. Application for appointment as guardian, limited guardian, or conservator (1) Any interested person or entity may petition the District Court for the appointment of a guardian or limited guardian for an unmarried minor. (2) Any interested person or entity may petition the District Court for appointment of a conservator for a minor who owns real or personal property, or both, requiring management or protection or who has or may have business interests that may be jeopardized or prevented by minority, or who needs a conservator to settle or compromise claims. (3) The petition for appointment shall set forth the following: (a) The name and address of the minor; (b) The date of birth of the minor; (c) The name and address of the minor's spouse, if any; (d) The names and addresses of the minor's parents, or if the minor has no living parent, the names and addresses of the minor's adult next of kin; (e) The name and address of the individual or facility having custody of the minor; (f) The facts and reasons supporting the need for a guardianship, limited guardianship, or conservatorship for the minor; (g) A description and approximation of the value of the minor's real and personal property and other financial resources, including government benefits, insurance entitlements, and anticipated yearly income; (h) The name and address of the petitioner; (i) The name and address of the petitioner's attorney, if any; and (j) The name and address of the person or entity desiring appointment as guardian, limited guardian, or conservator. (4) The petition shall be accompanied by a verified application of the person or entity desiring appointment as guardian, limited guardian, or conservator. The application shall set forth the following: (a) Name, address, and age of the applicant; (b) The applicant's relationship to the minor, if any; (c) Whether or not the applicant has ever been convicted of a crime; and (d) The applicant's qualifications to serve as guardian, limited guardian, or conservator. (5) The District Court shall appoint a time for hearing the petition and application. Notice of the time and place of the hearing shall be given not less than five (5) days prior to the hearing to the minor, if the minor is more than fourteen (14) years of age, and to each of the persons or entities required to be named in the petition. Proof of notice shall be made in accordance with the provisions of KRS 395.016. Notice may be waived as provided in KRS 395.016. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 251, sec. 8, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 85, sec. 695, effective June 20, 2005. -- Amended 1990 Ky. Acts ch. 487, sec. 3, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 141, sec. 101, effective July 1, 1982. -- Amended 1976 Ky. Acts ch. 218, sec. 41. -- Created 1942 Ky. Acts ch. 167, sec. 5. Note: 1980 Ky. Acts ch. 396, sec. 110 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 387.030 Repealed, 1990

387.030. Repealed, 1990 Catchline at repeal: Order of precedence for appointment of guardian. History: Repealed 1990 Ky. Acts ch. 487, sec. 27, effective July 13, 1990. -- Amended 1976 Ky. Acts ch. 113, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2021.

KRS 387.032 Matters to be considered by court when making appointment

387.032. Matters to be considered by court when making appointment In appointing a guardian, limited guardian, or conservator, the District Court shall appoint any person or entity whose appointment would be in the best interest of the minor, taking into consideration the ability of the person or entity to manage and preserve the minor's estate, and taking into consideration the person or entity nominated pursuant to KRS 387.040 or 387.050. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 487, sec. 4, effective July 13, 1990.

KRS 387.035 Repealed, 1982

387.035. Repealed, 1982 Catchline at repeal: Order of precedence for appointment of a committee. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Created 1976 Ky. Acts ch. 113, sec. 2. Note. 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.040 Appointment by will

387.040. Appointment by will The last surviving parent of a minor may by will nominate a guardian, or alternatively a limited guardian, or conservator, or both, for the minor. One (1) person or entity may be nominated to manage the minor's financial resources and another to have care, custody, and control of the minor. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 5, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2016.

KRS 387.050 Nomination by minor fourteen years of age or older

387.050. Nomination by minor fourteen years of age or older If the minor is fourteen (14) years of age or older, the minor may, in the presence of the District Court, or by a writing signed in the presence of the judge, after privy examination, nominate his own guardian, limited guardian, or conservator, or if the minor be absent from the county, the minor may after privy examination, in the presence of the District Judge of the county where the minor is, or if the minor be in the military or naval services of the United States, after privy examination, in the presence of a superior commanding officer, by a writing signed in the presence of the judge or superior officer nominate his own guardian, limited guardian, or conservator, provided that the judge or the commanding officer certify to the District Judge of the county having jurisdiction to appoint a guardian, limited guardian, or conservator for the minor that the writing was signed by the minor after privy examination in the presence of the judge or officer. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 6, effective July 13, 1990. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 330, effective January 2, 1978. -- Amended 1942 Ky. Acts ch. 81, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2022.

KRS 387.060 Repealed, 1990

387.060. Repealed, 1990 Catchline at repeal: Guardian to control ward and his estate -- Compensation. History: Repealed 1990 Ky. Acts ch. 487, sec. 2, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2032, 4711-a.

KRS 387.065 Powers, duties, and responsibilities of guardian

387.065. Powers, duties, and responsibilities of guardian (1) A guardian of a ward shall have the powers and responsibilities of a parent regarding the ward's support, care, and education, but a guardian shall not be personally liable for the ward's expenses and shall not be liable to third persons by reason of the relationship for acts of the ward. (2) In particular and without qualifying the foregoing, a guardian shall: (a) Take custody of the person of the ward and establish the ward's place of abode within the Commonwealth; and (b) Take reasonable care of the ward's personal effects. (3) A guardian may: (a) Receive money payable for the support of the ward to the ward's parent, guardian, or custodian under the terms of any statutory benefit or insurance system or any private contract, devise, trust, or custodianship; (b) Consent to medical or other professional care, treatment, or advice for the ward, without liability by reason of the consent, for injury to the ward resulting from the negligence or acts of third persons unless a parent would have been liable in the circumstances; (c) Consent to the ward's marriage, adoption, or enlistment in military service; (d) Extend funds of the ward's estate for the support of persons legally dependent on the ward. (4) A guardian shall expend or distribute income or principal of the ward's estate without District Court authorization or confirmation for the support, care, and education of the ward. The District Court may limit or restrict the guardian's exercise of this power. (5) In performing the guardian's duties relating to support, care, and education of the ward, a guardian shall consider: (a) Recommendations relating to the appropriate standard of support, care, and education for the ward made by a parent or limited guardian, if any: (b) The size of the estate under the guardian's supervision or control; (c) The ward's age, capacities, limitations, needs, opportunities, and physical and mental health; (d) The likelihood that the ward will be able to labor and earn money when the ward becomes an adult; (e) The accustomed standard of living of the ward; and (f) Other funds or sources used for the support of the ward which have not been placed under the control or supervision of the guardian. (6) A guardian shall not provide for the support, care, or education of a ward which a parent of the ward is legally obligated and financially able to provide. (7) Funds expended under this section may be paid by a guardian to any person, including the ward, to reimburse for expenditures that the guardian might have made, or in advance for services to be rendered to the ward if it is reasonable to expect the services will be performed and advance payments are customary or reasonably necessary under the circumstances. (8) When a ward attains age eighteen (18), the guardian, after meeting all claims and expenses of administration, shall pay over and distribute all funds and properties to the ward as soon as possible, unless: (a) The ward has been determined to be disabled or partially disabled under KRS 387.500 to 387.770, in which event the ward's funds and properties shall be paid over and distributed to the guardian, limited guardian, conservator, or limited conservator appointed pursuant to KRS 387.500 to 387.770; or (b) The guardian has reason to believe that the ward is disabled or partially disabled as defined in KRS 387.510, in which event, the guardian shall institute a proceeding for appointment of a guardian, limited guardian, conservator or limited conservator pursuant to KRS 387.500 to 387.770. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 487, sec. 7, effective July 13, 1990.

KRS 387.070 Bonding of guardian or conservator

387.070. Bonding of guardian or conservator (1) Except as provided in subsections (2) and (3) of this section, no guardian or conservator shall act until the guardian or conservator has been appointed by the proper District Court, and given bond to the Commonwealth of Kentucky with good surety, either corporate or personal, approved by the District Court to faithfully discharge the trust of guardian or conservator. The bond shall be carefully kept by the clerk of the District Court in a book to be provided for that purpose. (2) A limited guardian shall be exempt from the requirements of subsection (1) of this section. (3) (a) If the person or entity appointed by the District Court as guardian or conservator is a person or entity nominated pursuant to KRS 387.040, and the will of the parent making the nomination requests no surety on the bond of the guardian or conservator, no surety shall be required on the bond, unless the District Court deems it imprudent to dispense with surety because of a change of circumstances since the will was made or for other good cause. (b) If the District Court directs that the assets of a ward's estate be deposited in a restricted account as set out in KRS 387.122, the guardian or conservator shall be exempt from giving surety on his or her bond. (4) No master or other commissioner whose duty it is to settle the accounts of a guardian or conservator, nor judge or clerk of a court, or practicing attorney, shall be accepted as surety on the bond of a guardian or conservator. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 135, sec. 1, effective June 20, 2005. -- Amended 1992 Ky. Acts ch. 321, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 487, sec. 11, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 259, sec. 4, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 331, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2017 to 2020.

KRS 387.080 Recovery of damages on bond

387.080. Recovery of damages on bond (1) Anyone damaged by the act or omission of the ward's guardian or conservator may sue upon the bond of the guardian or conservator for damages, including reasonable attorney's fees and costs incurred in collecting damages. With the assent of the District Court, anyone may sue on the bond as next friend of the ward before the ward has attained full age. (2) If a guardian or conservator commits waste of the ward's estate, the guardian or conservator and surety for the guardian or conservator shall be liable on the bond to the ward for damages, including reasonable attorney's fees and costs incurred in collecting damages. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 12, effective July 13, 1990. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 332, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2023, 2333.

KRS 387.090 Removal of guardian, limited guardian or conservator

387.090. Removal of guardian, limited guardian or conservator (1) The District Court shall remove a guardian, limited guardian, or conservator if: (a) The guardian, limited guardian, or conservator becomes insane, moves out of the Commonwealth, becomes incapable of discharging the duties of the appointment, or fails for any reason to discharge the duties of the appointment; or (b) The District Court deems the removal of the guardian, limited guardian, or conservator to be in the best interest of the ward. (2) The District Court may permit a guardian, limited guardian, or conservator to resign if the guardian, limited guardian, or conservator first files a final settlement and delivers the ward's estate as directed by the District Court. (3) When a guardian, limited guardian, or conservator resigns or is removed from office by the District Court, the District Court shall appoint a new person or entity to serve as the ward's guardian, limited guardian, or conservator. (4) The District Court may remove a guardian, limited guardian, or conservator for failing to make an account or inventory as required by law, or as may be required by the District Court, or for failing to give additional surety when required. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 14, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 67, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 154, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2024, 2026.

KRS 387.100 Inventory of ward's estate

387.100. Inventory of ward's estate (1) A guardian or conservator shall, within sixty (60) days after appointment, file with the District Court a true and correct inventory of the ward's real and personal property and other financial resources, signed by the guardian or conservator and verified by the affidavit of the guardian or conservator. If other property afterward comes to the guardian's or conservator's knowledge, the guardian or conservator shall file a supplementary inventory thereof within sixty (60) days from the time of obtaining such knowledge. (2) The inventory shall describe the real property and where situated, with its probable value, and the probable value of its rent. It shall include a list of all personal property, including debts due the ward, with its probable value. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 15, effective July 13, 1990. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 333, effective January 2, 1978. -- Repealed in part 1942 Ky. Acts ch. 167, sec. 24. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2027, 2028, 2029.

KRS 387.110 Repealed, 1976

387.110. Repealed, 1976 Catchline at repeal: Jurisdiction of circuit courts over guardians. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2039.

KRS 387.111 Compensation for guardians, limited guardians, and conservators -- Reimbursement for expenses

387.111. Compensation for guardians, limited guardians, and conservators -- Reimbursement for expenses Guardians, limited guardians, and conservators shall receive reasonable compensation for services rendered and reimbursement for reasonable and necessary expenses incurred in the exercise of their assigned duties and powers, including reimbursement for room, board, and clothing personally provided to the ward and shall not exceed that provided for in KRS 387.760. The compensation and reimbursement shall be paid from the estate of the ward. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 28, sec. 19, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 130, sec. 2, effective July 15, 2008. -- Created 1990 Ky. Acts ch. 487, sec. 16, effective July 13, 1990.

KRS 387.120 Repealed, 1990

387.120. Repealed, 1990 Catchline at repeal: Limitation of disbursements for care of minor -- Court order to use principal of personalty. History: Repealed 1990 Ky. Acts ch. 487, sec. 27, effective July 13, 1990. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 334, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2034, 2039.

KRS 387.122 Certain assets subject to withdrawal only upon authorization of court

387.122. Certain assets subject to withdrawal only upon authorization of court The District Court may direct that all or some part of the assets of a ward's estate be deposited in a bank, trust company, or insured savings and loan company authorized to transact business in the Commonwealth or in a single-premium deferred annuity, subject to withdrawal by the guardian or conservator only upon authorization of the District Court. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 487, sec. 13, effective July 13, 1990.

KRS 387.125 Guardian's duty as to use of ward's assets

387.125. Guardian's duty as to use of ward's assets (1) A guardian shall apply the income or principal of the ward's estate to the payment of debts, taxes, claims, charges, and expenses of the guardianship and, in accordance with KRS 387.065, for the support, care, and education of the ward or the ward's dependents. (2) A guardian shall take possession of all of the ward's real and personal property. (3) A guardian may sell any of the ward's personal property without District Court authorization or confirmation. To sell any of the ward's real property, a guardian shall comply with the provisions of KRS Chapter 389A. (4) A guardian shall invest any of the ward's money or property which is not required for the ward's current support, care and education. The investments made of a ward's funds shall be investments authorized by KRS 386.020. (5) A guardian may expend the ward's funds to repair and maintain the ward's personal and real property. (6) A guardian may institute or defend actions, claims, or proceedings in any jurisdiction for the protection of the ward's estate. Subject to the approval of the court in which the action, claim, or proceeding has been filed, a guardian may settle or compromise the action, claim, or proceeding on behalf of the ward. If the action, claim, or proceeding has not been filed in any court, the District Court of the county where a guardian qualified shall approve the settlement or compromise. Upon approval of a settlement or compromise, a guardian may execute a release on behalf of the ward. A guardian shall receive any proceeds from a settlement for management in accordance with the provisions of this statute. (7) A guardian may lease any real property of the ward until the ward reaches majority, but no lease shall be made for a term longer than seven (7) years unless otherwise approved by the District Court. (8) A guardian shall obtain approval from the District Court of the county where the guardian qualified for any of the following made on behalf of the ward: (a) Any lease of mineral rights; (b) Any lease of oil and gas rights; (c) Any sale of timber owned by the ward; or (d) Any consolidation agreement, as defined by KRS 353.220. To aid it in making the decision on a proposed sale, lease, or consolidation agreement, the court shall appoint a guardian ad litem for the ward. The guardian ad litem shall report to the court on the suitability of the transaction. (9) A guardian shall comply with the reporting requirements specified in KRS 387.175. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 487, sec. 8, effective July 13, 1990.

KRS 387.130 Repealed, 1990

387.130. Repealed, 1990 Catchline at repeal: Guardian to pay debts of ward's ancestor -- To collect ward's claims and represent his interests. History: Repealed 1990 Ky. Acts ch. 487, sec. 27, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2030.

KRS 387.135 Powers and duties of limited guardian

387.135. Powers and duties of limited guardian (1) A limited guardian shall have the powers and duties specified in KRS 387.065(1) to (3). (2) A limited guardian shall apply any property of the ward made available by the ward's conservator for the current support, care, and education of the ward. (3) Any excess property of the ward which is not required for the ward's current needs shall be paid by the limited guardian to the ward's conservator. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 487, sec. 9, effective July 13, 1990.

KRS 387.137 Powers and duties of conservator

387.137. Powers and duties of conservator A conservator shall have the powers and duties specified in KRS 387.125 and KRS 387.065(4) to (8). Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 487, sec. 10, effective July 13, 1990.

KRS 387.140 Repealed, 1990

387.140. Repealed, 1990 Catchline at repeal: Sale or lease of property by guardian. History: Repealed 1990 Ky. Acts ch. 487, sec. 27, effective July 13, 1990. -- Repealed in part 1942 Ky. Acts ch. 137, secs. 4 and 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2031, 2150a.

KRS 387.150 Repealed, 1986

387.150. Repealed, 1986 Catchline at repeal: Leasing of mineral rights by guardian. History: Repealed 1986 Ky. Acts ch. 169, sec. 2, effective July 15, 1986. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2031a- 2.

KRS 387.160 Repealed, 1986

387.160. Repealed, 1986 Catchline at repeal: Procedure for approval of lease -- Bond of guardian. History: Repealed 1986 Ky. Acts ch. 169, sec. 2, effective July 15, 1986. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 335, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2031a-3, 2031a-4.

KRS 387.170 Repealed, 1990

387.170. Repealed, 1990 Catchline at repeal: Accounting and settlement by guardian for income from lease -- Assignment of one-half of income from lease to surviving spouse where dower and curtesy is outstanding in mineral rights -- Descent of leasehold estate. History: Repealed 1990 Ky. Acts ch. 487, sec. 27, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 259, sec. 5, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 336, effective January 2, 1978. -- Amended 1956 Ky. Acts ch. 19, sec. 1, effective May 18, 1956. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2031a-5, 2031a-6.

KRS 387.175 Accountings of the execution of the trust

387.175. Accountings of the execution of the trust A guardian and conservator shall file accounts of the execution of the guardian's or conservator's trust. The accountings shall be subject to the provisions of KRS 395.610 to 395.657 and KRS 395.990, and shall be made in accordance with those provisions, except as follows: (a) An accounting of a guardian or conservator shall be filed one (1) year after appointment of the guardian or conservator, and annually thereafter unless the ward's net estate is five thousand dollars ($5,000) or less, in which case the accounting shall be made on a biennial basis; (b) Each accounting shall include, in addition to the items specified in KRS 395.610, a plan for preserving and maintaining the estate under the control or supervision of the guardian or conservator. This subsection shall not be applicable to estates of wards with a net value of five thousand dollars ($5,000) or less. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 487, sec. 17, effective July 13, 1990.

KRS 387.180 Repealed, 1990

387.180. Repealed, 1990 Catchline at repeal: Settlement of guardian's accounts. History: Repealed 1990 Ky. Acts ch. 487, sec. 27, effective July 13, 1990. -- Amended 1970 Ky. Acts ch. 92, sec. 92. -- Repealed in part 1942 Ky. Acts ch. 167, sec. 24. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2037, 2038.

KRS 387.185 Powers of foreign guardian or conservator

387.185. Powers of foreign guardian or conservator (1) A foreign guardian or conservator of a ward who is not a resident of the Commonwealth of Kentucky may sue for, collect, receive, and remove from the Commonwealth the ward's personal property located in the Commonwealth, if the District Court of the county having venue pursuant to KRS 387.020, after notice and hearing determines that: (a) The foreign guardian or conservator was appointed and qualified according to the law of the state where the ward resides; (b) The foreign guardian or conservator has given bond in the state where the foreign guardian or conservator qualified with sufficient surety to account for all the ward's estate, including the property to be removed from Kentucky; (c) Neither the ward nor any of the ward's creditors shall be prejudiced by removal of the ward's property from the Commonwealth. (2) Notice of the time and place of the hearing shall be given not less than ten (10) days prior to the hearing to the ward's resident guardian, limited guardian, or conservator, if any, or to the ward's adult next of kin, if there is no guardian, limited guardian, or conservator in this Commonwealth. Proof of notice shall be made in accordance with the provisions of KRS 395.016. Notice may be waived as provided in KRS 395.016. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 487, sec. 18, effective July 13, 1990.

KRS 387.190 Repealed, 1990

387.190. Repealed, 1990 Catchline at repeal: Nonresident guardian of nonresident ward -- Powers. History: Repealed 1990 Ky. Acts ch. 487, sec. 27, effective July 13, 1990. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 337, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2041, 2042.

KRS 387.200 Removal of property of ward from state

387.200. Removal of property of ward from state Resident guardians and conservators shall not remove out of this Commonwealth any of the property of their wards without first obtaining the approval of a District Court of the county in which the guardian or conservator was qualified. The District Court, upon the petition sworn to by the guardian or conservator and such proof as may be deemed necessary, may authorize the removal of the property of the ward out of this Commonwealth, upon terms and conditions that are equitable and just and will secure and protect the rights and interests of the ward. Guardians and conservators may be restrained from the unlawful removal of property of their wards out of this Commonwealth upon the petition of the ward by next friend, or upon the petition of any surety on the bond of the guardian or conservator. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 19, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043.

KRS 387.210 Repealed, 1982

387.210. Repealed, 1982 Catchline at repeal: Jurisdiction of district courts over incompetent persons and their committees -- Bond of committee -- Waiver of Bond. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 147, sec. 1, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 338, effective January 2, 1978. -- Repealed in part 1942 Ky. Acts ch. 167, secs. 9 and 21. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2149, 2152. Note. 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.220 Repealed, 1982

387.220. Repealed, 1982 Catchline at repeal: Inquest required for appointment of committee -- Oath to jury -- Functions of "visitor." History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 339, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 218, sec. 40. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2151, 2155. Note 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.230 Repealed, 1982

387.230. Repealed, 1982 Catchline at repeal: Powers and duties of committee -- Personal charge may be given to another person -- Compensation. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 290, sec. 2, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2153, 4711-a. Note 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.240 Repealed, 1942

387.240. Repealed, 1942 Catchline at repeal: Sale of real property by committee; distribution of insolvent estate. History: Repealed 1942 Ky. Acts ch. 137, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2150, 2150a.

KRS 387.250 Repealed, 1982

387.250. Repealed, 1982 Catchline at repeal: Leasing of mineral rights by committee. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2031a-2 to 2031a-6. Note 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.260 Repealed, 1982

387.260. Repealed, 1982 Catchline at repeal: Verification of claims against estate. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2154. Note 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.270 Interest charged guardians or conservators

387.270. Interest charged guardians or conservators (1) If from any source a balance is owing by a guardian or conservator at the end of any year, counting from the time of appointment of the guardian or conservator, which should have been invested for the benefit of the ward in reasonable time but which remains in the guardian's or conservator's hands, the guardian or conservator shall be charged with the legal rate of interest compounded annually from the end of the year in which the balance arose. (2) However, nothing in this section shall prohibit or prevent a guardian or conservator from accounting for or being chargeable with sums in excess of the rates herein fixed realized upon any investment of trust funds made by the guardian or conservator. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 20, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 141, sec. 139, effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 259, sec. 6, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2035, 2035a-1. Note: 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.278 Settlement agreement by person with legal custody of minor -- Affidavit or verified statement -- Payment -- Withdrawal or transfer from account -- Effect of agreement -- Liability -- Filing for guardianship or conservatorship -- Use of a restricted savings or other restricted investment account or issuance of annuity by financial institutions permitted

387.278. Settlement agreement by person with legal custody of minor -- Affidavit or verified statement -- Payment -- Withdrawal or transfer from account -- Effect of agreement -- Liability -- Filing for guardianship or conservatorship -- Use of a restricted savings or other restricted investment account or issuance of annuity by financial institutions permitted (1) A person having legal custody of a minor may settle or compromise and enter into a settlement agreement with a person against whom the minor h as a claim or from whom the minor is to receive proceeds from the sale of real estate, for the settlement of any estate, or from any other source if: (a) A guardian or conservator has not been appointed for the minor; (b) The total amount of the settlement proceeds due to the minor, after reduction from the total settlement amount of all medical expenses, medical liens, all other liens, and reasonable attorney fees and costs, is twenty -five thousand dollars ($25,000) or less if paid in cash, by draft or che ck, by direct deposit, or by the purchase of a premium for an annuity; (c) The moneys payable under the settlement agreement will be paid as provided in subsections (3) and (4) of this section; and (d) The person entering into the settlement agreement on b ehalf of the minor completes an affidavit or verified statement that attests that the person: 1. Has made a reasonable inquiry and that to the best of the person's knowledge: a. The minor will be fully compensated by the settlement; or b. There is no practical way to obtain additional amounts from the party or parties entering into the settlement agreement with the minor; and 2. Understands and acknowledges that he or she is obligated by law to deposit the settlement directly into a restricted savings or other restricted investment account, or purchase an annuity, as provided in subsection (3) of this section. (2) The attorney representing the person entering into the settlement agreement on behalf of the minor, if any, shall maintain the affidavit or verified statement completed under subsection (1)(d) of this section in the attorney's file for a period of five (5) years. (3) The moneys payable under the settlement agreement shall be paid as follows: (a) If the minor or person entering into the settlement agreement on behalf of the minor is represented by an attorney and the settlement is paid in cash, by draft or check, or by direct deposit into the attorney's trust account maintained under Rule 3.830 of the Supreme Court of Kentucky to be held for the benefit of the minor, the attorney shall: 1. Timely deposit the moneys received on behalf of the minor directly into a restricted savings or other restricted investment account that only allows withdrawals from the account under any of the circumstances set forth in subsection (4) of this section; or 2. Purchase an annuity by direct payment to the issuer of the annuity with the minor designated as the sole beneficiary of the annuity; (b) If the minor or person entering into the settlement agreement on behalf of the minor is not represented by an attorney and the settlement is paid by check, draft, or direct deposit, the minor or person entering into the settlement agreement on behalf of the minor shall provide the person or entity with whom the minor has settled the claim with the information sufficient to draw a check or draft made payable, or complete an electronic transfer of settlement funds: 1. Into a restricted savings or other restricted investment account that only allows withdrawals from the account under any of the circumstances set forth in subsection (4) of this section; or 2. To purchase an annuity by direct payment to the issuer of the annuity with the minor designated as the sole beneficiary of the annuity; and (c) If the minor is under the care, custody, and control of the Commonwealth, the Cabinet for Health and Family Services shall establish a restricted trust account, or subaccount of a trust account, that earns interest for the benefit of the minor, for the purpose of receiving moneys payable to the minor under the settlement agreement. If the settlement is paid: 1. In cash or by draft or check, the moneys received on behalf of the minor shall be timely deposited into the account established under this paragraph, and notice of the deposit to the minor and the person entering into the settlement agreement on behalf of the minor shall be delivered by personal service or first-class mail; 2. By direct deposit, the minor, the person entering into the settlement on behalf of the minor, or the cabinet shall provide the person or entity with whom the minor has settled the claim with the information sufficient to complete an electronic transfer of settlement funds into the account established under this paragraph, and notice of the deposit to the minor and the person entering into the settlement agreement on behalf of the minor shall be delivered by personal service or first-class mail; or 3. Through the purchase of an annuity, direct payment shall be made to the issuer of the annuity with the minor designated as the sole beneficiary of the annuity. (4) The moneys in the minor's restricted savings or other restricted investment account, trust account, or trust subaccount established under subsection (3) of this section may not be withdrawn, removed, paid out, or transferred to any person, including the minor, except as follows: (a) Pursuant to court order; (b) Upon the minor attaining the age of majority or being otherwise emancipated; or (c) Upon the minor's death. (5) A signed settlement agreement entered into on behalf of the minor in compliance with subsection (1) of this section: (a) Is binding on the minor without the need for court approval or review; (b) Has the same force and effect as if the minor were a competent adult entering into the settlement agreement; and (c) Shall serve to fully release all claims of the minor encompassed by the settlement agreement. (6) (a) As used in this subsection, "financial institution" means any person doing business under the laws of any state or commonwealth or the United States relating to banks, bank holding companies, savings banks, savings and loan associations, trust companies, or credit unions. (b) A financial institution or other entity may open a restricted savings or other restricted investment account, or issue an annuity, pursuant to this section. (c) If a financial institution or other entity elects to open a restricted savings or other restricted investment account, or issue an annuity, pursuant to this section, a court order shall not be required to open the account or issue the annuity. (d) A person that elects to deposit or otherwise direct moneys into a restricted savings or other restricted investment account in accordance with subsection (3) of this section may execute documents to open and administer the account. (7) A restricted savings or other restricted investment account that is opened and administered pursuant to this section shall be exempt from the provisions of KRS Chapter 393A until the earlier of one (1) of the circumstances set forth in subsection (4) of this section. (8) (a) Any person or entity against whom a minor has a claim that settles the claim with the minor in good faith under this section shall not be liable to the minor for any claims arising from the settlement of the claim. (b) An insurer who in good faith transfers funds at the direction of the settling minor or the minor's representatives into a restricted savings or other restricted investment account, or to purchase an annuity, shall not be liable to the minor or the minor's representatives f or any claims arising from the use of those funds after the transfer is completed. (9) Nothing in this section shall prevent anyone acting on behalf of the minor from filing for guardianship, limited guardianship, or conservatorship in the District Court and requesting the District Court to approve the settlement on behalf of the minor and oversee the settlement proceeds. Effective: March 29, 2024 History: Amended 2024 Ky. Acts ch. 16, sec. 1, effective March 29, 2024. -- Created 2022 Ky. Acts ch. 182, sec. 1, effective April 8, 2022.

KRS 387.280 Handling amount of not more than $10,000 due to person under disability who has reached age of 18

387.280. Handling amount of not more than $10,000 due to person under disability who has reached age of 18 (1) When a person under disability who has reached the age of eighteen (18), having no guardian or conservator, is entitled to receive a sum not exceeding ten thousand dollars ($10,000), exclusive of interest, in any action in which real estate has been sold, or in the settlement of any estate, or from any other source, the person having custody of the person under disability may settle or compromise the dollar amount when in the interest of the person under disability. (2) The court in which the action is pending, or, if the sum does not derive from the action, the District Court, may order the sum to be paid to the person having custody of the person under disability. Before entering the order, the court shall approve any settlement or compromise and shall be satisfied by affidavit or oral testimony that the person under disability is in the custody of the person to whom it is proposed to pay the money and the latter, upon withdrawal of the money, shall be under obligation as trustee to expend it, for the support, maintenance, or education of the person under disability. (3) When the order is made, no bond shall be required of the person having custody of the person under disability. If the sum due to the person under disability is from the sale of real property, the purchaser of the real property may pay the share of the person under disability into court, and no lien shall remain on the property therefor. The money may be withdrawn by the person mentioned in the order without that person giving bond. (4) A release executed by the person to whom the court has ordered the sum paid shall have the same effect as a release by a duly appointed guardian. Effective:April 8, 2022 History: Amended 2022 Ky. Acts ch. 182, sec. 2, effective April 8, 2022. -- Amended 1996 Ky. Acts ch. 92, sec. 1, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 425, sec. 2, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 487, sec. 21, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 141 sec. 140, effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 259, sec. 7, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 340, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 218, sec. 20. -- Amended 1970 Ky. Acts ch. 266, sec. 1. -- Amended 1956 Ky. Acts ch. 201, sec. 1. -- Amended 1950 Ky. Acts ch. 102, sec. 1. -- Amended 1944 Ky. Acts ch. 115, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3885-1. Note: 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.281 Repealed, 1982

387.281. Repealed, 1982 Catchline at repeal: Jurisdiction to appoint special committee to receive funds from governmental agency for support of indigents. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 341, effective January 2, 1978. -- Amended 1966 Ky. Acts ch. 134, sec. 7. -- Amended 1958 Ky. Acts ch. 106, sec. 1. - - Created 1942 Ky. Acts ch. 130, sec. 1. Note. 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.282 Repealed, 1982

387.282. Repealed, 1982 Catchline at repeal: Petition for appointment of special committee. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 290, sec. 3, effective June 17, 1978. -- Amended 1968 Ky. Acts ch. 200, sec. 4. -- Amended 1966 Ky. Acts ch. 134, sec. 8. -- Created 1942 Ky. Acts ch. 130, sec. 2. Note. 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.283 Repealed, 1982

387.283. Repealed, 1982 Catchline at repeal: Bond of special committee. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 130, sec. 3. Note. 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.284 Repealed, 1982

387.284. Repealed, 1982 Catchline at repeal: Powers of special committee -- Accounts. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 130, sec. 4. Note. 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.285 Repealed, 1982

387.285. Repealed, 1982 Catchline at repeal: Compensation of special committee -- Costs of settlement. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Amended (1st Extra. Sess.) Ky. Acts ch. 14, sec. 342, effective January 2, 1978. -- Created 1942 Ky. Acts ch. 130, sec. 5. Note. 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.286 Repealed, 1982

387.286. Repealed, 1982 Catchline at repeal: Application of other statutes. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Created 1942 Ky. Acts ch. 130, sec. 6. Note. 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.287 Repealed, 1982

387.287. Repealed, 1982 Catchline at repeal: Limited committee for mentally retarded person -- Functions -- Report. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Created 1978 Ky. Acts ch. 171, sec. 3, effective June 17, 1978. Note. 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.288 Repealed, 1982

387.288. Repealed, 1982 Catchline at repeal: Petition to change or modify committee. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982. -- Created 1978 Ky. Acts ch. 171, sec. 4, effective June 17, 1978. Note. 1980 Ky. Acts ch. 396, sec. 150 would have repealed 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 387.289 Application of KRS 387.010 to 387.280

387.289. Application of KRS 387.010 to 387.280 (1) The provisions of KRS 387.010 to 387.280 shall apply to: (a) Any guardian, limited guardian, or conservator appointed after July 13, 1990; and (b) Any guardian for a minor ward appointed prior to July 13, 1990, unless the guardian was appointed pursuant to KRS 387.500 to 387.770. (2) A guardian for a minor ward appointed prior to July 13, 1990, shall have the powers and duties: (a) Specified in KRS 387.135, if the guardian was appointed to have care, custody and control of a minor; (b) Specified in KRS 387.137, if the guardian was appointed to manage the financial resources of a minor; (c) Specified in KRS 387.065 and 387.125, if the guardian was appointed to have care, custody, and control of a minor and to manage the minor's financial resources. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 487, sec. 24, effective July 13, 1990.

KRS 387.290 Curator for convict -- Appointment -- Powers and duties

387.290. Curator for convict -- Appointment -- Powers and duties (1) The District Court of the county from which the convict was sent to the penitentiary, or of the county of his residence if he had one in this state, may, upon the application of anyone interested, appoint a suitable curator of the estate of any person over the age of twenty-one (21) years confined in the penitentiary. (2) If the convict has a spouse the District Court shall appoint the spouse curator if the spouse can give satisfactory security, and if not, then the person the spouse selects in person or by written direction to the court. (3) The curator shall execute a bond similar to that required of curators in a case of contest concerning a will. He shall be clothed with like powers, have like privileges, discharge like duties, and be liable to like responsibilities as are provided in the case of the curator of an estate pending a contest concerning a will, except that he shall, out of the effects held by him, provide for the support of the family and the education of the minor children of the convict. He shall expend in these respects the sum authorized by the District Court, and he shall account with the convict when he is discharged from the penitentiary. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 343, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 386, sec. 71. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1383, 1384, 1385.

KRS 387.300 Qualifications of persons suing as next friend -- Liability for costs

387.300. Qualifications of persons suing as next friend -- Liability for costs (1) No person shall sue as next friend unless he reside in this state and be free from disability, nor unless he file his own affidavit showing his right to sue as next friend according to the provisions of this chapter. (2) A guardian, curator, conservator or next friend who brings or prosecutes an action for a person who is under disability is liable for the costs which accrue during his conduct of the action, unless he be allowed to sue in forma pauperis or by an order of the court. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 141, effective July 1, 1982. -- Amended 1976 (1st. Extra. Sess.) Ky. Acts ch. 14, sec. 344, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 37.

KRS 387.305 Appointment of guardian ad litem -- Qualifications -- Duties -- Fees

387.305. Appointment of guardian ad litem -- Qualifications -- Duties -- Fees (1) No appointment of a guardian ad litem shall be made until the defendant is summoned, or until a person is summoned for him, as is authorized by law; nor until an affidavit of the plaintiff, or of his attorney, be filed in court, or with the clerk, showing that the defendant has no guardian, curator, nor conservator, residing in this state, known to the affiant. (2) A guardian ad litem must be a regular, practicing attorney of the court and may be appointed by the court, whether a guardian, curator, or conservator appear for the defendant or not. The guardian ad litem may be appointed upon the motion of the plaintiff or of any friend of the defendant; but neither the plaintiff nor his attorney shall be appointed, nor be permitted to suggest the name of the proposed guardian ad litem; and the court may change the guardian so appointed whenever the interest of the infant may appear to require such change. (3) It shall be the duty of the guardian ad litem to attend properly to the preparation of the case; and in an ordinary action he may cause as many witnesses to be subpoenaed as he may think proper, subject to the control of the court; and in an equitable action he may take depositions, not, however, exceeding three (3), without leave of the court. (4) The court shall allow to the guardian ad litem a reasonable fee for his services, to be paid by the plaintiff and taxed in the costs. The affidavit of such guardian, or of another person, or other competent evidence, is admissible to prove the services rendered, but not to prove their value. The court must decide concerning such value, without reference to the opinions of parties or other witnesses. (5) Whether appointed pursuant to this statute or pursuant to a provision of the Kentucky Unified Juvenile Code, the duties of a guardian ad litem shall be to advocate for the client's best interest in the proceeding through which the guardian ad litem was appointed. Without an appointment, the guardian ad litem shall have no obligation to initiate action or to defend the client in other proceedings. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 294, sec. 1, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 141, sec. 142, effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 345, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 38.

KRS 387.320 Curator for property of aged or infirm person, appointed when -- Bond

387.320. Curator for property of aged or infirm person, appointed when -- Bond (1) Whenever any person deems himself unfit by reason of advanced age or physical disability and weakness to properly and prudently manage or care for his real or personal property or manage his business with prudence and understanding, the District Court may, upon his verified petition without notice or public hearing, appoint a curator to assume charge and management of his real or personal property or business, subject to the direction of the court. (2) The court shall take bond with good surety from the person appointed curator for the full and faithful performance of the trust confided in him. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 346, effective January 2, 1978. -- Amended 1968 Ky. Acts ch. 200, sec. 5. -- Created 1966 Ky. Acts ch. 253, secs. 1 and 2.

KRS 387.330 Petition for appointment of guardian or conservator conditioned on a contingency

387.330. Petition for appointment of guardian or conservator conditioned on a contingency (1) Any person of full age and sound mind may execute a verified petition for the voluntary appointment of a guardian or a conservator of that person's property upon the express condition that the petition shall be acted upon by the court only upon the occurrence of an event specified or the existence of a described condition of the mental or physical health of the petitioner, the occurrence of which event, or the existence of which condition, shall be established in the manner directed in the petition. The petition, when filed, shall be accompanied by an affidavit from a licensed physician indicating that the person who signed the petition is now disabled as defined in KRS 387.510. The petition shall advise the proposed ward of a guardian's powers as provided in KRS 387.065 and conservator's powers as provided in KRS 387.137. (2) The petition may nominate a person for appointment to serve as guardian or conservator, and may request that the appointment be made without bond, or with bond of a certain stated sum. The court in appointing the guardian or conservator shall appoint the individual nominated unless the court finds that person unfit or incompetent and shall give due regard to the other requests and recommendations contained in the petition. (3) The petition may be deposited with the circuit clerk of the county in which the party resides, or with any person, firm, bank, or trust company selected by the petitioner. (4) The petition may be revoked by the petitioner at any time before appointment of a guardian or conservator by the court, if the petitioner is of sound mind. Revocation shall be accomplished by the destruction of the petition by the petitioner, or by the execution of an acknowledged instrument of revocation. If the petition has been deposited with the clerk, the revocation may be deposited there. (5) At any time after the deposit of the petition with the clerk, and before its revocation, it may be brought on for hearing by the filing of a verified statement to the effect that the occurrence of the event or the condition provided for in the petition has come to pass. If the petition has not been deposited with the clerk under the provisions of subsection (3) of this section, it may be brought on for hearing at any time by the filing of it and the verified statement with the circuit clerk of the county in which the person who executed the petition then resides. (6) At the time the petition is filed, the court, without any notice, may appoint the guardian or conservator nominated in the petition or may set the petition for hearing on notice the court may prescribe. (7) The powers and duties of a guardian or conservator shall be the same as those of a guardian or conservator appointed in response to any of the other petitions authorized in this chapter. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 61, sec. 1, effective July 15, 1994.

KRS 387.500 Declaration of legislative purpose

387.500. Declaration of legislative purpose (1) It is the intent and purpose of the General Assembly to recognize that disabled persons have varying degrees of disability. (2) Persons who are only partially disabled must be legally protected without a determination of total incompetency and without the attendant deprivation of civil and legal rights that such a determination requires. (3) To this end, guardianship and conservatorship for disabled persons shall be utilized only as is necessary to promote their well-being, including protection from neglect, exploitation, and abuse; shall be designed to encourage the development of maximum self-reliance and independence in each person; and shall be ordered only to the extent necessitated by each person's actual mental and adaptive limitations. (4) If the court determines that some form of guardianship or conservatorship is necessary, partial guardianship or partial conservatorship shall be the preferred form of protection and assistance for a disabled person. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 141, sec. 1, effective July 1, 1982. Legislative Research Commission Note. The chairman of the guardianship subcommittee of the 1980-82 Interim Joint Committee on Judiciary Statutes, in a letter to the Deputy Director and Reviser of Statutes, dated 2-7-86, has stated as follows: "As indicated in Senate Bill 35, in Section 1, 'Guardianship and conservatorship for disabled persons shall be utilized only as is necessary to promote their well-being, including protection from neglect, exploitation and abuse.'

KRS 387.510 Definitions for KRS 387.500 to 387.770 and 387.990

387.510. Definitions for KRS 387.500 to 387.770 and 387.990 As used in KRS 387.500 to 387.770 and 387.990: (1) "Conservator" means an individual, agency, or corporation appointed by the court to manage the financial resources of a disabled person; (2) "Limited conservator" means an individual, agency, or corporation appointed by the court to assist in managing the financial resources of a partially disabled person and whose powers and duties have been specifically enumerated by court order; (3) "Guardian" means any individual, agency, or corporation appointed by the court to manage the personal affairs of a disabled person; (4) "Limited guardian" means an individual, agency, or corporation appointed by the court to assist in managing the personal affairs of a partially disabled person and whose powers and duties have been specifically enumerated by court order; (5) "Standby" guardian or conservator means a person or entity designated by the court to assume the powers and duties assigned to a limited guardian, guardian, limited conservator, or conservator upon his death, resignation, removal, or incapacity; (6) "Testamentary" guardian or conservator means an individual, agency, or corporation nominated in the will of a limited guardian, guardian, limited conservator, or conservator to succeed the testator in that capacity upon his death; (7) "Developmental disability" means a severe, chronic disability of a person which: (a) Is attributable to a mental or physical impairment or combination of mental and physical impairments, including pervasive developmental disorder; (b) Is manifested before the person attains age twenty-two (22); (c) Is likely to continue indefinitely; (d) Results in substantial functional limitations in three (3) or more of the following areas of major life activity: 1. Self-care; 2. Receptive and expressive language; 3. Learning; 4. Mobility; 5. Self-direction; 6. Capacity for independent living; and 7. Economic self-sufficiency; and (e) Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated; (8) "Disabled" means a legal disability, not a medical disability, and is measured by functional inabilities. It refers to any person seventeen (17) years of age or older 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. Such inability shall be evidenced by acts or occurrences within six (6) months prior to the filing of the petition for guardianship or conservatorship and shall not be evidenced solely by isolated instances of negligence, improvidence, or other behavior; (9) "Partially disabled" refers to an individual who lacks the capacity to manage some of his personal affairs and/or financial resources as provided in subsection (8) of this section, but who cannot be found to be fully disabled as provided therein; (10) "Mentally ill person" means a person with substantially impaired capacity to use self-control, judgment, or discretion in the conduct of his affairs and social relations, associated with maladaptive behavior or recognized emotional symptoms where impaired capacity, maladaptive behavior, or emotional symptoms can be related to physiological, psychological, or social factors; (11) "Interdisciplinary evaluation report" means a report of an evaluation of a respondent performed pursuant to the provisions of KRS 387.540 to determine whether he is partially disabled or disabled as defined herein; (12) "Interested person or entity" means an adult relative or friend of the respondent or ward, an official or representative of a public or private agency, corporation, or association concerned with that person's welfare, or any other person found suitable by the court; (13) "Petitioner" means a person who institutes a proceeding under KRS 387.530; (14) "Respondent" means an individual alleged to be a partially disabled or disabled person; (15) "Ward" means a person for whom a limited guardian, guardian, limited conservator, or conservator has been appointed; (16) "Committee" means a person appointed by the court prior to July 1, 1982, to have full care, custody, and control of a disabled person and his estate; and (17) "Personal affairs" means decisions regarding the person of an adult, including but not limited to health care, food, shelter, clothing, or personal hygiene. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 13, sec. 2, effective July 14, 2018. -- Amended 2002 Ky. Acts ch. 162, sec. 5, effective July 15, 2002. -- Amended 1988 Ky. Acts ch. 359, sec. 2, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 141, sec. 2, effective July 1, 1982.

KRS 387.520 Jurisdiction of District Courts -- Venue -- KRS 387.810 to 387.854 to govern jurisdiction between Kentucky and other states

387.520. Jurisdiction of District Courts -- Venue -- KRS 387.810 to 387.854 to govern jurisdiction between Kentucky and other states (1) The District Courts shall have exclusive jurisdiction over all proceedings involving a determination of partial disability or disability, the modification of orders, the appointment and removal of guardians and conservators, and the management and settlement of their accounts. (2) If the respondent or ward is a resident of this state, the venue for all proceedings under KRS 387.500 to 387.770 shall be: (a) In the county where the respondent or ward resides; (b) In the county of domicile of the respondent or ward; or (c) In the county where the parent of the respondent or ward is domiciled if the respondent or ward is a minor. Nothing in this section shall preclude transfer of venue for good cause shown. (3) If no local conservator has been appointed and no petition in a disability proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a county in which property belonging to the disabled person is located, authenticated copies of his or her appointment and of any official bond he or she has given. Thereafter, he or she may exercise as to assets in this state all powers of a local conservator and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally. (4) This section shall be subordinate to KRS 387.810 to 387.854 to the extent that those sections govern jurisdiction between Kentucky and other states. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 47, sec. 24, effective June 8, 2011. -- Created 1982 Ky. Acts ch. 141, sec. 3, effective July 1, 1982.

KRS 387.530 Filing of petition -- Contents -- Application of person or entity desiring appointment

387.530. Filing of petition -- Contents -- Application of person or entity desiring appointment (1) A petition for a determination of partial disability or disability and the appointment of a limited guardian, guardian, limited conservator, or conservator may be filed by any interested person or by an individual needing guardianship or conservatorship. The petition shall set forth the following: (a) The name and address of the respondent; (b) The date of birth of the respondent, if known; (c) The nature and degree of the alleged disability of the respondent; (d) The facts and reasons supporting the need for guardianship or conservatorship; (e) A description and approximation of the value of the respondent's financial resources, including government benefits, insurance entitlements, and anticipated yearly income, if known; (f) The names and addresses of the respondent's next of kin, if known; (g) The name and address of the individual or facility, if any, having custody of the respondent; (h) The name, address and interest of the petitioner; (i) The name and address of the petitioner's attorney, if any; and (j) The name and address of any person or entity appointed by the respondent as respondent's attorney in fact under a durable power of attorney or as respondent's surrogate to make health care decisions under an advance directive. (2) The petition shall be accompanied by a verified application of the person or entity desiring appointment as limited guardian, guardian, limited conservator, or conservator. The application shall state the name, address, and qualifications of the applicant and his relationship to the respondent. If it is proposed that a standby limited guardian, guardian, limited conservator, or conservator be designated, the petition shall also be accompanied by the application of the person or entity desiring to be so designated. Additional petitions may be filed prior to the date of the hearing by other persons desiring appointment. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 185, sec. 29, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 421, sec. 3, effective July 15, 1998. -- Created 1982 Ky. Acts ch. 141, sec. 4, effective July 1, 1982.

KRS 387.540 Interdisciplinary evaluation report

387.540. Interdisciplinary evaluation report (1) (a) Prior to a hearing on a petition for a determination of partial disability or disability and the appointment of a limited guardian, guardian, limited conservator, or conservator, an interdisciplinary evaluation report shall be filed with the court. The report may be filed as a single and joint report of the interdisciplinary evaluation team, or it may otherwise be constituted by the separate reports filed by each individual of the team. (b) If the court and all parties to the proceeding and their attorneys agree to the admissibility of the report or reports, the report or reports shall be admitted into evidence and shall be considered by the court or the jury if one is impaneled. (c) The report shall be compiled by at least three (3) individuals, including: 1. A physician, an advanced practice registered nurse, or a physician assistant; 2. A psychologist licensed or certified under the provisions of KRS Chapter 319; and 3. A person licensed or certified as a social worker or an employee of the Cabinet for Health and Family Services who has at least one (1) year of investigative experience and has completed training in conducting decisional capacity assessments. The social worker shall, when possible, be chosen from among employees of the Cabinet for Health and Family Services residing or working in the area, and there shall be no additional compensation for their service on the interdisciplinary evaluation team. (2) At least one (1) person participating in the compilation of the report shall have knowledge of the particular disability which the respondent is alleged to have or knowledge of the skills required of the respondent to care for himself and his estate. (3) If the respondent is alleged to be partially disabled or disabled due to mental illness, at least one (1) person participating in the compilation of the interdisciplinary evaluation report shall be a qualified mental health professional as defined in KRS 202A.011. If the respondent is alleged to be partially disabled or disabled due to an intellectual disability, at least one (1) person participating in the compilation of the evaluation report shall be a qualified professional in the area of intellectual disabilities as defined in KRS 202B.010(12). (4) The interdisciplinary evaluation report shall contain: (a) A description of the nature and extent of the respondent's disabilities, if any; (b) Current evaluations of the respondent's social, intellectual, physical, and educational condition, adaptive behavior, and social skills. Such evaluations may be based on prior evaluations not more than three (3) months old, except that evaluations of the respondent's intellectual condition may be based on individual intelligence test scores not more than one (1) year old; (c) An opinion as to whether guardianship or conservatorship is needed, the type of guardianship or conservatorship needed, if any, and the reasons therefor; (d) An opinion as to the length of time guardianship or conservatorship will be needed by the respondent, if at all, and the reasons therefor; (e) If limited guardianship or conservatorship is recommended, a further recommendation as to the scope of the guardianship or conservatorship, specifying particularly the rights to be limited and the corresponding powers and duties of the limited guardian or limited conservator; (f) A description of the social, educational, medical, and rehabilitative services currently being utilized by the respondent, if an y; (g) A determination whether alternatives to guardianship or conservatorship are available; (h) A recommendation as to the most appropriate treatment or rehabilitation plan and living arrangement for the respondent and the reasons therefor; (i) A listing of all medications the respondent is receiving, the dosage, and a description of the impact of the medication upon the respondent's mental and physical condition and behavior; (j) An opinion whether attending a hearing on a petition filed under KRS 387.530 would subject the respondent to serious risk of harm; (k) The names and addresses of all individuals who examined or interviewed the respondent or otherwise participated in the evaluation; and (l) Any dissenting opinions or other comments by the evaluato rs. (5) The evaluation report may be compiled by a community center for mental health or individuals with an intellectual disability, a licensed facility for mentally ill or developmentally disabled persons, if the respondent is a resident of such facility , or a similar agency. (6) In all cases where the respondent is a resident of a licensed facility for mentally ill or developmentally disabled persons and the petition is filed by an employee of that facility, the petition shall be accompanied by an interd isciplinary evaluation report prepared by the facility. (7) Except as provided in subsection (6) of this section, the court shall order appropriate evaluations to be performed by qualified persons or a qualified agency. The report shall be prepared and filed with the court and copies mailed to the attorneys for both parties at least ten (10) days prior to the hearing. All items specified in subsection (4) of this section shall be included in the report. (8) If the person evaluated is a poor person as define d in KRS 453.190, the examiners shall be paid by the county in which the petition is filed upon an order of allowance entered by the court. Payment shall be in an amount which is reasonable as determined by the court, except no payment shall be required of the county for an evaluation performed by a salaried employee of a state agency for an evaluation performed within the course of his employment. Additionally, no payment shall be required of the county for an evaluation performed by a salaried employee of a community center for mental health or individuals with an intellectual disability or private facility or agency where the costs incurred by the center, facility, or agency are reimbursable through third-party payors. Affidavits or other competent evidence shall be admissible to prove the services rendered but not to prove their value. (9) The respondent may file a response to the evaluation report no later than five (5) days prior to the hearing. (10) The respondent may secure an independent evaluation. If the respondent is unable to pay for the evaluation, compensation for the independent evaluation may be paid by the county in an amount which is reasonable as determined by the court. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 38, effective October 1, 2026. -- Amended 2024 Ky. Acts ch. 207, sec. 24, effective July 15, 2024. -- Amended 2018 Ky. Acts ch. 13, sec. 3, effective July 14, 2018. -- Amended 2016 Ky. Acts ch. 87, sec. 6, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 146, sec. 114, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 141, sec. 28, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 618, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 574, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 498, sec. 19, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 425, sec. 4, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 147, sec. 35, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 18, sec. 1, effective July 13, 1984; ch. 111, sec. 155, effective July 13, 1984; and ch. 395, sec. 1, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 141, sec. 5, effective July 1, 1982. Legislative Research Commission Note (7/15/2024). Under the authority of KRS 7.136, the reviser of statutes has changed "KRS 202A.011(12)" to "KRS 202A.011(13)" in subsection (3) of this statute to conform to the addition of a new subsection and renumbering of subsequent subsections in KRS 202A.011 by 2024 Ky. Acts ch. 68, sec. 8.

KRS 387.550 Hearing date and place -- Notice

387.550. Hearing date and place -- Notice (1) If the petition is accompanied by an interdisciplinary evaluation report when filed, the court shall fix a date and a place for a hearing to be held within thirty (30) days after the filing of the petition. If no interdisciplinary evaluation report accompanies the petition when filed, the court shall fix a date and a place for a hearing to be held within sixty (60) days after the filing of the petition. The time for a hearing may be extended by the court, on motion of either party, for cause. (2) Notice of the time and place of the hearing shall be given by the clerk of the court not less than fourteen (14) days prior to the hearing to the attorneys for both parties, all persons named in the petition, and the person proposed for appointment as limited guardian, guardian, limited conservator, or conservator. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 425, sec. 5, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 395, sec. 3, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 141, sec. 6, effective July 1, 1982.

KRS 387.560 Appointment of counsel for respondent -- Compensation -- Duty of county attorney

387.560. Appointment of counsel for respondent -- Compensation -- Duty of county attorney (1) Unless an appearance has been entered on behalf of the respondent, the court shall appoint counsel for the respondent within one (1) week of the filing of a petition for determination of disability under KRS 387.500 to 387.770. (2) Appointed counsel shall be entitled to compensation for services. If counsel is appointed for a poor person as defined in KRS 453.190, the court shall prescribe reasonable compensation to be paid by the county in which the proceeding is held in accordance with the complexity of the issues, the time involved, and other relevant considerations, except that appointed counsel shall not be compensated at a rate higher than sixty dollars ($60) an hour for time spent in court and no higher than forty dollars ($40) an hour for time spent out of court. If the petition is found to be frivolous or not brought in good faith, counsel fees shall be charged to the petitioner. (3) In all proceedings under KRS 387.500 to 387.770, it shall be the duty of the county attorney to assist the petitioner, to represent the interest of the Commonwealth, and to assist the court in its inquiry by the presentation of evidence. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 338, sec. 6, effective July 15, 1994. -- Created 1982 Ky. Acts ch. 141, sec. 7, effective July 1, 1982.

KRS 387.570 Hearing -- Burden of proof -- Jury trial unless conditions for bench trial are met

387.570. Hearing -- Burden of proof -- Jury trial unless conditions for bench trial are met (1) At a hearing convened pursuant to KRS 387.500 to 387.770 for the purpose of determining the disability of a respondent, the respondent shall have the right to present evidence and to confront and cross-examine all witnesses. (2) The hearing may be closed to the public on request of the respondent or his counsel. (3) The respondent shall have the right to be present at the hearing, and his presence may be waived only by his failure to appear at the hearing or upon a determination of the court that his attendance would subject him to serious risk of harm. Such determination shall be evidence only of the respondent's inability to attend the hearing and shall not be considered in determining the need for guardianship or conservatorship. (4) The court may remove itself to the place of residence of the respondent to conduct the hearing in the presence of the respondent. (5) The burden of proof shall be on the Commonwealth to prove the disability or partial disability of the respondent by clear and convincing evidence. (6) The respondent will not be determined partially disabled or disabled unless at least one (1) of the persons who participated in the interdisciplinary evaluation required by KRS 387.540 testifies in person at the hearing. This section shall not be interpreted to preclude the respondent from requiring the testimony of more than one (1) person participating in the preparation of the evaluation report. (7) The hearing shall be a jury trial, unless: (a) The respondent if present, counsel for the respondent, and the attorney for the Commonwealth agree to a bench trial; (b) No objection to a bench trial is made by an interested person or entity; and (c) The interdisciplinary evaluation report prepared for the proceeding reflects a unanimous consensus of the persons preparing it that the respondent is disabled or partially disabled, the court has reviewed the report, and the court finds no cause to require a jury trial. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 13, sec. 4, effective July 14, 2018. -- Amended 1984 Ky. Acts ch. 395, sec. 2, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 141, sec. 8, effective July 1, 1982.

KRS 387.580 Responsibilities of court or jury during a hearing -- Court determinations upon finding of disability or partial disability

387.580. Responsibilities of court or jury during a hearing -- Court determinations upon finding of disability or partial disability (1) At a hearing convened under KRS 387.500 to 387.770 for a determination of partial disability or disability, the court, or the jury if one is impaneled, shall: (a) Inquire into the nature and extent of the general intellectual functioning of the respondent; (b) Inquire into the respondent's capacity to make informed decisions concerning his personal affairs and financial resources; (c) Determine whether the respondent is disabled, partially disabled, or has no disability in relation to the management of his financial resources; and (d) Determine whether the respondent is disabled, partially disabled, or has no disability in relation to the management of his personal affairs. (2) If the respondent is found not to be disabled or partially disabled, the petition shall be dismissed. (3) If the respondent is found to be disabled or partially disabled, the court shall, at the same hearing, without a jury, determine: (a) The type of guardian, conservator, or guardian and conservator to be appointed; (b) The specific legal disabilities to which the respondent is subject, if the respondent has been determined to be partially disabled; (c) Whether the respondent retains the right to vote; (d) The corresponding powers and duties of the limited guardian or limited conservator, if the respondent has been determined to be partially disabled; (e) The individual or entity to be appointed by the court as limited guardian, guardian, limited conservator, or conservator; (f) The individual or entity, if any, to be appointed as standby guardian or conservator; and (g) The duration of the term of guardianship or conservatorship. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 13, sec. 5, effective July 14, 2018. -- Amended 2007 Ky. Acts ch. 58, sec. 1, effective June 26, 2007. -- Created 1982 Ky. Acts ch. 141, sec. 9, effective July 1, 1982.

KRS 387.590 Types of guardians and conservators to be appointed -- Order of appointment -- Filing of judgment and order -- Legal disabilities -- Rights retained

387.590. Types of guardians and conservators to be appointed -- Order of appointment -- Filing of judgment and order -- Legal disabilities -- Rights retained (1) (a) If the respondent is found partially disabled in managing his personal affairs, but not partially disabled or disabled in managing his financial resources, a limited guardian shall be appointed. (b) If the respondent is found partially disabled in managing his financial resources, but not partially disabled or disabled in managing his personal affairs, a limited conservator shall be appointed. (c) If the respondent is found partially disabled in managing both his personal affairs and financial resources, a limited guardian and a limited conservator shall be appointed. The limited guardian and the limited conservator may be the same individual, agency, or corporation. (2) (a) If the respondent is found disabled in managing his personal affairs, but not partially disabled or disabled in managing his financial resources, a guardian shall be appointed. (b) If the respondent is found disabled in managing his financial resources, but not partially disabled or disabled in managing his personal affairs, a conservator shall be appointed. (c) If the respondent is found disabled in managing both his personal affairs and his financial resources, a guardian and a conservator shall be appointed. The guardian and the conservator may be the same individual, agency, or corporation. (3) The order of appointment of a limited guardian, guardian, limited conservator, or conservator shall specify: (a) The type of guardianship, conservatorship, or guardianship and conservatorship to which the ward is subject; (b) The name and address of the limited guardian, guardian, limited conservator, or conservator; (c) The name and address of the standby guardian or conservator, if a standby guardian or conservator is designated; (d) The specific legal disabilities to which the respondent is subject, if the respondent has been determined to be partially disabled; (e) The corresponding powers and duties of the limited guardian or limited conservator, if the respondent has been determined to be partially disabled; and (f) The duration of the term of guardianship or conservatorship. (4) A limited guardian or limited conservator shall not be appointed for a term greater than five (5) years and may be appointed for a lesser period. A guardian or conservator may be appointed for a period of unlimited duration. (5) The judgment of partial disability or disability and the order of appointment shall be filed in the District Court. The judgment shall be indexed by the county clerk in the book in which notices of actions and encumbrances are indexed. Unless such judgment is filed and indexed, it shall not constitute notice to any subsequent bona fide purchaser for value, mortgagee, or encumbrancer. (6) If the respondent is determined to be disabled or partially disabled but no limited guardian, guardian, limited conservator, or conservator is appointed at the hearing, the determination shall have no legal effect. (7) The rights of which a ward is legally deprived upon a determination of disability in managing his personal affairs and financial resources include but are not limited to the right to dispose of property, execute instruments, enter into contractual relationships, determine his living arrangements, consent to medical procedures, and obtain a motor vehicle operator's license. A ward shall only be deprived of the right to vote if the court separately and specifically makes a finding on the record as established in KRS 387.580(3)(c). (8) A partially disabled or disabled person for whom a limited guardian, limited conservator, or conservator has been appointed retains all legal and civil rights except those which have by court order been designated as legal disabilities or which have been specifically granted to the limited guardian, limited conservator, or conservator. A person who is partially disabled may be subject to some but not all of the disabilities specified in subsection (7) of this section. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 13, sec. 6, effective July 14, 2018. -- Amended 2007 Ky. Acts ch. 58, sec. 2, effective June 26, 2007. -- Amended 1984 Ky. Acts ch. 206, sec. 1, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 141, sec. 10, effective July 1, 1982.

KRS 387.600 Appointment -- Consideration of preference of respondent

387.600. Appointment -- Consideration of preference of respondent (1) The court may appoint as limited guardian, guardian, limited conservator, or conservator any suitable person or any entity, public or private, capable of conducting an active guardianship or conservatorship program. The court shall not ordinarily or customarily appoint the Cabinet for Health and Family Services or any other person or entity, public or private, that is directly providing services to the respondent unless no other suitable person or entity is available and willing to be appointed. Appointment of the Cabinet for Health and Family Services shall be consistent with the provisions of KRS 210.290. (2) Prior to the appointment, the court shall make a reasonable effort to question the respondent concerning his preference regarding the person or entity to be appointed limited guardian, guardian, limited conservator, or conservator, and any preference indicated shall be given due consideration. If the respondent has designated another as his attorney in fact or agent by executing a power of attorney in writing, that designation shall be treated as an indication of the respondent's preference as to the person or entity to be appointed as his limited guardian, guardian, limited conservator, or conservator, and that preference shall be given due consideration. The court shall appoint the person or entity best qualified and willing to serve. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 619, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 575, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 425, sec. 1, effective July 14, 1992. -- Created 1982 Ky. Acts ch. 141, sec. 11, effective July 1, 1982.

KRS 387.605 Qualifications for court to consider when appointing a guardian or conservator

387.605. Qualifications for court to consider when appointing a guardian or conservator The court shall give preference to people who meet the following qualifications when appointing a person as guardian or conservator: (1) Kinship to respondent; (2) Education and business experience of applicant; (3) Capability to handle financial affairs; and (4) Ability to carry out the requirements set forth in KRS 387.660 to 387.710 and 387.750. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 20, sec. 1, effective July 13, 1984.

KRS 387.610 Petition for renewal of appointment -- Accompanying affidavits

387.610. Petition for renewal of appointment -- Accompanying affidavits Prior to the expiration of a term of guardianship or conservatorship, the limited guardian, guardian, limited conservator, or conservator may petition, pursuant to KRS 387.620, for a renewal of his appointment for a period not to exceed five (5) years. The petition shall be accompanied by verified affidavits of a physician, an advanced practice registered nurse or physician assistant working within his or her scope of practice, or a psychologist licensed or certified under the provisions of KRS Chapter 319, or a person licensed or certified as a social worker or an employee of the Cabinet for Health and Family Services who meets the qualifications of KRS 335.080(1)(a) and (b) or 335.090(1)(a) and (b), supporting the need for the continuation of the guardianship or conservatorship. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 77, sec. 12, effective July 15, 2026. -- Amended 2018 Ky. Acts ch. 13, sec. 7, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 99, sec. 620, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 576, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 425, sec. 6, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 395, sec. 4, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 141, sec. 12, effective July 1, 1982.

KRS 387.620 Petition for relief -- Hearing on petition -- Judgment or modification

387.620. Petition for relief -- Hearing on petition -- Judgment or modification (1) A partially disabled or disabled person, his limited guardian, guardian, limited conservator, or conservator, or any other interested person may petition the court for: (a) Termination or modification of an order of partial disability or disability; (b) Removal and/or replacement of a limited guardian, guardian, limited conservator or conservator; or (c) Renewal of the appointment of a limited guardian, guardian, limited conservator, or conservator. (2) Petitions pursuant to this section shall set forth: (a) The name and address of the ward; (b) The name and address of the limited guardian, guardian, limited conservator, or conservator; (c) The name, address, and interest of the petitioner; (d) The names and addresses of the ward's next of kin, if known; (e) The name and address of the individual or facility, if any, having custody of the ward; (f) The relief requested; and (g) The facts and reasons supporting the request. (3) A request under subsection (1) of this section, if made by the ward, may be communicated to the court by any means, including, but not limited to, oral communication or informal letter. If such a request is communicated by means other than a petition, the court shall appoint a suitable person who may, but need not be, an employee of the state, county, or court to prepare a written petition to be filed with the court within seven (7) days following the appointment. (4) Within thirty (30) days after the filing of a petition, the court shall conduct a hearing at which the ward shall be entitled to counsel. The time for a hearing may be extended by the court, on motion of either party, for cause. Notice of the time and place of the hearing shall be given by the clerk of the court not less than fourteen (14) days prior to the hearing to both parties and all persons named in the petition. The petitioner shall, upon his motion, be entitled to have the motion for termination or modification determined by a jury. (5) At the request of any party or on its own initiative, the court may order an interdisciplinary evaluation of the ward. The time period in which the court must review a petition may be extended for an appropriate period of time if an evaluation is ordered by the court. The interdisciplinary evaluation report may be filed as a single or joint report of the interdisciplinary evaluation team, or it may otherwise be constituted by the separate reports filed by each individual of the team. If the court and all parties to the proceeding and their attorneys agree to the admissibility of the report or reports, the report or reports shall be admitted into evidence and shall be considered by the court. (6) Upon conclusion of a modification hearing without a jury, the court shall enter a written order setting forth the factual basis for its finding and may do any of the following: (a) Dismiss the petition; (b) Remove the guardian or conservator and dissolve the guardianship or conservatorship order; (c) Remove the limited guardian, guardian, limited conservator, or conservator and appoint a successor; (d) Modify the original guardianship or conservatorship order; or (e) Make any other order which the court deems appropriate and in the best interest of the ward. (7) If the original order is dissolved and no further order is issued, the ward shall be relieved of all legal disabilities. The court shall enter an order and judgment restoring to the person all of the rights and privileges of a citizen. The clerk shall note the judgment or modification in the book in which notices of actions and encumbrances are indexed. (8) The clerk of the court shall transmit a certified copy of the restoration judgment or modification to the originating court, if the judgment or modification is ordered by a court other than the court in which the original judgment was entered. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 425, sec. 7, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 395, sec. 5, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 141, sec. 13, effective July 1, 1982.

KRS 387.630 Committee to assume duties of guardian -- Powers -- Nullification of adjudication of incompetency

387.630. Committee to assume duties of guardian -- Powers -- Nullification of adjudication of incompetency (1) Any person appointed committee for an incompetent person prior to July 1, 1982, shall assume the duties of a guardian and shall be subject to all of the provisions of KRS 387.500 to 387.770 pertaining to guardians, including all reporting requirements. The committee shall, within one (1) year from July 1, 1982, petition for modification of the original order if a less restrictive guardianship or conservatorship would be more appropriate. (2) In all instances where an adjudication of incompetency was entered prior to July 1, 1982, and no committee has been appointed or is serving on that date, the adjudication of incompetency shall be considered null and void if no guardian or conservator is appointed within one (1) year of July 1, 1982. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 141, sec. 14, effective July 1, 1982.

KRS 387.640 Duties of limited guardian or guardian

387.640. Duties of limited guardian or guardian It shall be the general duty of the limited guardian or guardian to carry out diligently and in good faith the specific duties and powers assigned by the court and to: (1) Assure that the personal, civil, and human rights of the ward are protected; and (2) Encourage the ward to: (a) Participate to the maximum extent of his abilities in all decisions which affect him; (b) Act in his own behalf on all matters in which he is able to do so; and (c) Develop or regain, to the maximum extent possible, his capacity to meet the essential requirements for his physical health or safety, and, if impaired, his capacity to manage his financial resources. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 141, sec. 15, effective July 1, 1982.

KRS 387.650 Assignment of powers and duties to limited guardian by court -- Reporting requirements

387.650. Assignment of powers and duties to limited guardian by court -- Reporting requirements The court may assign to a limited guardian any portion of the powers and duties specified in KRS 387.660. The court may assign other duties as are necessary to enhance the ward's safety and well being. A limited guardian shall comply with the reporting requirements specified by KRS 387.670 which pertain to his powers and duties as specified by the court, provided that all reports submitted shall include the information required by paragraphs (d) and (f) of KRS 387.670(1). Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 141, sec. 16, effective July 1, 1982.

KRS 387.660 Specific powers and duties of guardian

387.660. Specific powers and duties of guardian A guardian of a disabled person shall have the following powers and duties, except as modified by order of the court: (1) To establish the ward's place of abode within the state, except that, if at any time a guardian places a ward in a licensed residential facility for developmentally disabled persons, the guardian shall, within thirty (30) days of such placement, file with the court notice of the placement, stating with specificity the reasons for such placement, and an interdisciplinary evaluation report detailing the social, psychological, medical or other considerations on which such placement is predicated, a description of the treatment or habilitation programs which will benefit the ward as a result of such placement, and a determination that such placement will provide appropriate treatment in the least restrictive available treatment and residential program. For purposes of this subsection, the interdisciplinary evaluation report may be one performed within two (2) months prior to the placement for purposes of determining whether such placement is necessary and appropriate, or may be an evaluation and assessment provided by the residential facility immediately after placement. Notice to the court shall not be required where the ward is transferred from one licensed residential facility to another; (2) To make provision for the ward's care, comfort, and maintenance and arrange for such educational, social, vocational, and rehabilitation services as are appropriate and as will assist the ward in the development of maximum self-reliance and independence; (3) To give any necessary consent or approval to enable the ward to receive medical or other professional care, counsel, treatment or service, except that a guardian may not consent on behalf of a ward to an abortion, sterilization, psychosurgery, removal of a bodily organ, or amputation of a limb unless the procedure is first approved by order of the court or is necessary, in an emergency situation, to preserve the life or prevent serious impairment of the physical health of the ward; (4) To act with respect to the ward in a manner which limits the deprivation of civil rights and restricts his personal freedom only to the extent necessary to provide needed care and services to him; and (5) To expend sums from the financial resources of the ward reasonable and necessary to carry out the powers and duties assigned to him by the court. If a separate limited conservator or conservator has been appointed for the ward, the expenditure of funds by the limited guardian shall be consistent with the duties assigned to and procedures and policies established by such limited conservator or conservator. Conflicts arising between a limited guardian and a limited conservator or conservator regarding the expenditure of funds which are unable to be otherwise resolved shall be submitted to the court for resolution. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 13, sec. 8, effective July 14, 2018. -- Created 1982 Ky. Acts ch. 141, sec. 17, effective July 1, 1982.

KRS 387.670 Annual report of guardian

387.670. Annual report of guardian (1) A guardian shall file with the court at least annually a verified report stating: (a) The ward's current mental, physical, and social condition; (b) The address of every residence of the ward during the reporting period and length of stay at each residence; (c) A summary of the medical, social, educational, vocational, and other professional services received by the ward during the reporting period; (d) An outline of the guardian's visits with and activities on behalf of the ward; (e) A recommendation as to the need for continued guardianship; (f) A statement signed by the standby guardian, if one has been appointed, that the standby guardian continues to be willing to serve in the event of the death, resignation, removal, or incapacity of the guardian; and (g) Other information requested by the court or useful in the opinion of the guardian. (2) For the purpose of filing the report required by subsection (1) of this section, the guardian shall be given access to records pertaining to the ward held by public or private agencies which contain information necessary for the guardian to perform his duties. (3) The court shall review the report required in subsection (1) of this section and take whatever action it considers necessary to enhance the well-being of the ward. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 13, sec. 9, effective July 14, 2018. -- Created 1982 Ky. Acts ch. 141, sec. 18, effective July 1, 1982.

KRS 387.680 Duties of limited conservator or conservator

387.680. Duties of limited conservator or conservator It shall be the general duty of the limited conservator or conservator to carry out, diligently and in good faith, the specific duties and powers assigned by the court and to: (1) Manage or assist in managing those financial resources placed under his supervision and/or control as would a prudent person managing his own resources, including establishing or placing resources in a trust, and, if a conservator has special skills or is named conservator on the basis of representations of special skills or expertise, he shall use those skills; and (2) Encourage the ward to: (a) Participate, to the maximum extent of his abilities, in all decisions which affect him; (b) Act on his own behalf on all matters in which he is able to do so; and (c) Develop or regain, to the maximum extent possible, his capacity to manage his financial resources and, if impaired, his capacity to meet the essential requirements for his physical health or safety. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 13, sec. 10, effective July 14, 2018. -- Created 1982 Ky. Acts ch. 141, sec. 19, effective July 1, 1982.

KRS 387.690 Specific duties of limited conservator or conservator

387.690. Specific duties of limited conservator or conservator (1) A limited conservator or conservator shall expend or distribute, or authorize the expenditure or distribution of, or assist in the expenditure or distribution of, the principal or income from the financial resources placed under his supervision and control to assure that: (a) The essential requirements for the physical health or safety of the ward are met; (b) The rights of the ward are protected; (c) The financial resources of the ward which are subject to the conservatorship are prudently managed; (d) The ward has the opportunity to develop or regain the capacity to perform the functions listed in paragraphs (a), (b), and (c) of subsection (2) of KRS 387.680; and (e) The limited guardian or guardian for the ward, if any, is able to carry out the duties and powers assigned to him by the court. (2) In performing his duties, the limited conservator or conservator shall consider: (a) The size of the financial resources under the limited conservator's or conservator's supervision or control; (b) The probable duration of the conservatorship; (c) The likelihood that the ward may be able to manage his financial resources in the future; (d) The accustomed standard of living of the ward; (e) Other funds or resources used for the support of the ward which have not been placed under the control or supervision of the limited conservator or conservator; and (f) The requests of the ward and the ward's limited guardian or guardian, if any. (3) In addition to the duties and powers listed in subsection (1) of this section, the court may assign to a limited conservator any of the duties and powers listed in KRS 387.700 which the partially disabled person lacks the ability to perform. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 141, sec. 20, effective July 1, 1982.

KRS 387.700 Specific powers and duties of conservator

387.700. Specific powers and duties of conservator (1) A conservator has all of the powers conferred herein and any additional powers conferred by law on trustees in this state. The conservator may take possession of the ward's real and personal property, and of all rents, incomes, and benefits therefrom, whether accruing before or after his appointment, and of the proceeds arising from the sale, mortgage, lease or exchange thereof. Subject to such possession the title of all such estate and to the increment and proceeds thereof shall be to the ward and not to the conservator. It is the duty of the conservator to protect and preserve the estate, to retain, sell and invest it as hereinafter provided, prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of the estate's assets, to account for it faithfully, to perform all other duties required of him by law, and, at the termination of the conservatorship, to deliver the assets of the ward to the persons lawfully entitled thereto. (2) The conservator shall apply the money and property for the payments of debts, taxes, claims, charges and expenses of the conservatorship and for the support, care, maintenance and education of the ward or his dependents. (3) Any sale of realty of a ward shall be as provided in KRS Chapter 389A. (4) Any lease of mineral rights, oil and gas rights, or sale of timber owned by a ward, or consolidation agreement, as defined by KRS 353.220, to be made on behalf of a ward by a conservator shall require the authorization and order of the District Court of the county where the conservator has qualified. Such order may be given only pursuant to written motion which contains the grounds for the motion and a description of the lease or agreement involved. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 13, sec. 11, effective July 14, 2018. -- Amended 1986 Ky. Acts ch. 169, sec. 1, effective July 15, 1986. -- Created 1982 Ky. Acts ch. 141, sec. 21, effective July 1, 1982; and ch. 277, sec. 3, effective July 15, 1982.

KRS 387.710 Filing of inventory by limited conservator or conservator -- Biennial report -- Final report and account

387.710. Filing of inventory by limited conservator or conservator -- Biennial report -- Final report and account (1) Within sixty (60) days of appointment, the limited conservator or conservator shall file with the court a verified inventory of all the property of the ward which has come to his possession or knowledge, including a statement of all encumbrances, liens, and other secured claims on any item, any claims against the estate of the ward, and any cause of action accruing to the ward. The limited conservator or conservator shall provide a copy thereof to the ward if he has sufficient mental capacity to understand it. (2) (a) A limited conservator or conservator shall file with the court a verified report and financial account biennially within one hundred twenty (120) days after the anniversary date of his appointment. The report shall contain: 1. The present personal status of the ward whose estate is managed by the conservator; 2. The conservator's plan for preserving and maintaining the estate of which he has control or supervision; 3. The need for continuation or cessation of the conservatorship; and 4. The need for any alteration in the powers of the conservatorship. (b) The biennial report shall specify the amount and type of real and personal property received by the conservator and remaining in his control or invested by him, the nature of such investment, and expenditures made during the preceding year. Upon request of the court, the conservator shall produce for examination any information or documentation which the court may consider relevant to the accounting of the financial and property transactions of the estate. (c) If the ward has no real property and possesses personal property of two thousand five hundred dollars ($2,500) or less for any year during the biennial report, the conservator or limited conservator may file an informal biennial financial report attesting to the identity of the ward's financial account and its current balance. If the balance does not exceed two thousand five hundred dollars ($2,500) for any year of the biennial report, the conservator or limited conservator shall not be required to render to the court a detailed accounting of the expenditures from the fund, unless the court, on its own motion or that of any interested party or individual, deems it necessary to order the conservator or limited conservator to provide a detailed biennial accounting, including the listing of all expenditures for that reporting period. (3) Upon the resignation, removal, or death of a limited conservator or conservator, or on the termination of the conservatorship, the limited conservator or conservator, or his personal representative, shall forthwith submit a final report and account to the court and to the former ward and to the successor limited conservator or conservator, or, if the ward is deceased, to his personal representative, and shall pay over the trust estate to the person entitled thereto. Upon approval of the report and account, the limited conservator or conservator shall be discharged and his surety, if any, released. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 13, sec. 12, effective July 14, 2018. -- Amended 2001 Ky. Acts ch. 19, sec. 1, effective March 15, 2001. -- Amended 1992 Ky. Acts ch. 425, sec. 3, effective July 14, 1992. -- Created 1982 Ky. Acts ch. 141, sec. 22, effective July 1, 1982.

KRS 387.720 Surety of limited conservator or conservator

387.720. Surety of limited conservator or conservator The court may require a limited conservator or conservator to provide surety on his bond consistent with the provisions of KRS 395.130. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 141, sec. 23, effective July 1, 1982.

KRS 387.730 Testamentary nomination -- Succession of parent as guardian

387.730. Testamentary nomination -- Succession of parent as guardian (1) A parent, spouse, or child of a partially disabled or disabled person who has been appointed as limited guardian, guardian, limited conservator, or conservator of that person may, by will, nominate an individual to succeed in that capacity upon the testator's death. Such nomination shall be reviewed by the court pursuant to KRS 387.620 upon admitting the will to probate if no other person is serving in that capacity at the time of the testator's death and no standby guardian or conservator has been appointed. (2) When the biological or adoptive parents of a disabled person are appointed coguardians of that person and one (1) of the coguardians dies, the survivor shall become the successor guardian without any additional action by the court. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 22, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 141, sec. 24, effective July 1, 1982.

KRS 387.740 Emergency powers of court -- Petition and hearing on emergency appointment

387.740. Emergency powers of court -- Petition and hearing on emergency appointment (1) The court may exercise the powers of a limited guardian or limited conservator or may appoint an individual or agency to exercise such powers before or during the pendency of a proceeding for a determination of partial disability or disability or an appeal therefrom, if it appears that there is danger of serious impairment to the health or safety of the respondent or damage or dissipation to his property if immediate action is not taken. (2) Prior to a hearing on the need for an emergency appointment of a limited guardian or limited conservator, a petition shall be filed by any person or entity which sets forth the following: (a) The name, age, and address of the respondent; (b) The danger alleged to be imminent; (c) The type of appointment and the protection and assistance requested; (d) The facts and reasons supporting the request; (e) The name, address, and qualifications of the proposed limited guardian or limited conservator, if any; (f) The name, address, and interest of the petitioner; (g) The names and addresses of the respondent's next of kin, if known; (h) The name and address of the individual or facility, if any, having custody of the respondent; and (i) The date of filing of the petition for determination of disability or partial disability. (3) (a) The court shall review any and all petitions for an emergency appointment of a limited guardian or limited conservator without delay and not more than one (1) week after the petition is filed. The circuit clerk in the county in which the petition is filed shall accept all petitions and the Commonwealth shall not exclude any petition filed under this section from presentation to the court. Within one (1) week of the filing of a petition pursuant to this section, the court shall conduct a hearing at which the respondent shall be entitled to counsel. (b) Notice of the time and place of the hearing shall be given not less than forty-eight (48) hours prior to the hearing to all persons named in the petition, the petitioner, and the Commonwealth unless waived in writing or on the record. (4) The Commonwealth shall present evidence at the hearing. The petitioner shall have the right to present evidence in support of the petition at the hearing in addition to any evidence presented by the Commonwealth, and shall have the right to cross-examine witnesses. (5) The burden shall be on the Commonwealth and the petitioner to prove by clear and convincing evidence the need for the emergency appointment of a limited guardian or conservator. (6) If the court exercises the powers of a limited guardian or limited conservator or appoints another to do so in an emergency situation as set forth in subsection (1) of this section, the court shall state on the record findings of fact as to the danger determined to be imminent, the sources relied on in arriving at such determination, the type of assistance to be provided, and the powers and duties of the emergency guardian or conservator. The authority of the guardian or conservator shall expire upon resolution of the appeal or action. Effective:April 8, 2022 History: Amended 2022 Ky. Acts ch. 182, sec. 3, effective April 8, 2022. -- Created 1982 Ky. Acts ch. 141, sec. 25, effective July 1, 1982. Legislative Research Commission Note (4/8/2022). 2022 Ky. Acts ch. 182, sec. 5, provides that this statute, as amended in that Act, may be cited as the Jeff Tyler Act.

KRS 387.750 Standby appointee -- Powers and duties

387.750. Standby appointee -- Powers and duties (1) On appointment of a limited guardian, guardian, limited conservator, or conservator, or at any time thereafter, the court may designate another suitable person or entity to assume the powers and duties assigned to the limited guardian, guardian, limited conservator, or conservator upon his death, resignation, removal, or incapacity. Prior to such designation, the individual or entity to be designated shall file with the court a written application stating the name, address, and qualifications of the applicant and his relationship, if any, to the respondent. (2) The individual so designated shall file an acceptance with the court within ten (10) days of the death, resignation, or incapacity of his predecessor. Notice shall also be given to the ward and his nearest adult relative. An individual serving on a standby basis may exercise all the powers and duties assigned to his predecessor upon filing of his acceptance unless otherwise ordered by the court. (3) In an emergency situation and in the absence and unavailability of the initially appointed guardian or conservator, the standby guardian or conservator may temporarily assume the powers and duties of the initially appointed guardian or conservator. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 141, sec. 26, effective July 1, 1982.

KRS 387.760 Court costs -- Compensation, commission, and reimbursement for expenses

387.760. Court costs -- Compensation, commission, and reimbursement for expenses (1) No court costs shall be charged to a respondent or ward in any proceeding under KRS 387.500 to 387.770, if the respondent or ward is a poor person as defined in KRS 453.190. (2) Limited guardians, guardians, limited conservators and conservators are entitled to reasonable compensation for services rendered and to reimbursement for reasonable and necessary expenses incurred in the exercise of their assigned guardianship or conservatorship duties and powers. Such compensation and reimbursement shall be paid from the financial resources of the ward and shall not exceed: (a) A commission of not more than six percent (6%) of the income collected by the fiduciary, payable at the time the income is collected; and (b) Either, but not both, of the following, as elected by the fiduciary: 1. An annual commission of three-tenths of one percent (0.3%) of the fair market value of the real and personal property in the care of the fiduciary; or 2. An annual commission of not more than six percent (6%) of the fair market value of the principal distributed by the fiduciary, payable at the time the principal is distributed. In the absence of an agreement to the contrary, a commission on income shall be paid out of the income of the estate and a commission on principal shall be paid out of the principal of the estate. (3) Upon submitted proof showing that in the handling of the estate the fiduciary has performed additional and necessary services which have been unusual or extraordinary and not normally incident to the care and management of a similar estate, the court may allow the fiduciary additional compensation as is fair and reasonable for the additional services rendered. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 28, sec. 20, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 130, sec. 3, effective July 15, 2008. -- Created 1982 Ky. Acts ch. 141, sec. 27, effective July 1, 1982.

KRS 387.770 Confidentiality of records -- Expungement of records -- Disclosure of information, log

387.770. Confidentiality of records -- Expungement of records -- Disclosure of information, log (1) All determinations of disability and orders of appointment, modification, and termination shall be filed as public records with the clerk of the court. All other court records of a respondent made in all proceedings under KRS 387.500 to 387.770 shall be confidential and shall not be open to the general public except as provided in subsection (3) of this section. (2) Following the dismissal or withdrawal of a petition filed under this chapter or a determination that a respondent is no longer disabled, the respondent may at any time move to have all court records pertaining to the proceedings expunged from the files of the court, provided that he submits a full release of all claims arising from the proceedings. (3) Any person seeking to obtain confidential information contained in the court files or the court records of proceedings under KRS 387.500 to 387.770 may file a written motion stating why the information is needed. The court may issue an order to disclose such information upon a showing that the disclosure is appropriate under the circumstances and in the best interest of the person or the public. The court shall maintain a log of the individuals and entities granted access to the file or records. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 141, sec. 28, effective July 1, 1982.

KRS 387.780 Repealed, 1982

387.780. Repealed, 1982 Catchline at repeal: Qualifications of persons suing as next friend -- Liability for costs. History: Repealed 1982 Ky. Acts ch. 141, sec. 146, effective July 1, 1982 -- Created 1980 Ky. Acts ch. 396, sec. 35, effective July 1, 1982.

KRS 387.790 Court order permitting use of ward's income

387.790. Court order permitting use of ward's income Notwithstanding anything in KRS 387.010 to 387.280 to the contrary, when a guardian or conservator is in reasonable doubt as to the right to use the income or principal from the ward's estate for the benefit of the ward, the guardian or conservator may apply to the District Court for permission to do so by filing a verified petition stating the reasons for the application. The court may grant the order ex parte, and the order shall be prima facie protection to the guardian or conservator in the settlement of the guardianship or conservatorship accounts. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 487, sec. 25, effective July 13, 1990.

KRS 387.800 Notices

387.800. Notices (1) Any first notice relating to failure to file reports of any type required in this chapter and any notices of rule motions shall be sent by the court or by the party making the motion to the attorney of record for the guardian. (2) If there is no attorney of record or a second or subsequent notice relating to failure to file reports, or any second or subsequent notice with regard to a rule motion, the notice shall be sent by the court or by the party making the motion to the guardian as well as to the attorney of record, if any, and the guardian. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 487, sec. 26, effective July 13, 1990.

KRS 387.810 Short title

387.810. Short title KRS 387.810 to 387.854 shall be known and may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 1, effective June 8, 2011.

KRS 387.812 Definitions for KRS 387.810 to 387.854

387.812. Definitions for KRS 387.810 to 387.854 As used in KRS 387.810 to 387.854: (1) "Adult" means an individual who has attained eighteen (18) years of age; (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under this chapter; (3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under this chapter; (4) "Guardianship order" means an order appointing a guardian; (5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued; (6) "Incapacitated person" means an adult for whom a guardian has been appointed; (7) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding; (8) "Person," except in the term "incapacitated person" or "protected person," means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity; (9) "Protected person" means an adult for whom a protective order has been issued; (10) "Protective order" means an order appointing a conservator or other order related to management of an adult's property; (11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued; (12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought; and (14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 2, effective June 8, 2011.

KRS 387.814 International application of KRS 387.810 to 387.854

387.814. International application of KRS 387.810 to 387.854 A court of this state may treat a foreign country as if it were a state for the purpose of applying KRS 387.810 to 387.854, but not including KRS 387.844, 387.846, or 387.848. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 3, effective June 8, 2011.

KRS 387.816 Communication between courts

387.816. Communication between courts (1) A court of this state may communicate with a court in another state concerning a proceeding arising under KRS 387.810 to 387.854. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 4, effective June 8, 2011.

KRS 387.818 Cooperation between courts

387.818. Cooperation between courts (1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (a) Hold an evidentiary hearing; (b) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (c) Order that an evaluation or assessment be made of the respondent; (d) Order any appropriate investigation of a person involved in a proceeding; (e) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (a) of this subsection or any other proceeding, any evidence otherwise produced under paragraph (b) of this subsection, and any evaluation or assessment prepared in compliance with an order under paragraph (c) or (d) of this subsection; (f) Issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; and (g) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. sec. 160.103, as amended. (2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (1) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 5, effective June 8, 2011.

KRS 387.820 Taking testimony in another state

387.820. Taking testimony in another state (1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. (3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the best evidence rule. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 6, effective June 8, 2011.

KRS 387.822 Definitions for KRS 387.822 to 387.838 -- Significant connection factors

387.822. Definitions for KRS 387.822 to 387.838 -- Significant connection factors (1) As used in KRS 387.822 to 387.838: (a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf; (b) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition; and (c) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. (2) In determining under KRS 387.826 and 387.840(5) whether a respondent has a significant connection with a particular state, the court shall consider: (a) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding; (b) The length of time the respondent at any time was physically present in the state and the duration of any absence; (c) The location of the respondent's property; and (d) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 7, effective June 8, 2011.

KRS 387.824 Exclusive basis

387.824. Exclusive basis KRS 387.822 to 387.838 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 8, effective June 8, 2011.

KRS 387.826 Jurisdiction

387.826. Jurisdiction A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) This state is the respondent's home state; (2) On the date the petition is filed, this state is a significant-connection state and: (a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or (b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order: 1. A petition for an appointment or order is not filed in the respondent's home state; 2. An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and 3. The court in this state concludes that it is an appropriate forum under the factors set forth in KRS 387.832; (3) This state does not have jurisdiction under either subsection (1) or (2) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or (4) The requirements for special jurisdiction under KRS 387.828 are met. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 9, effective June 8, 2011.

KRS 387.828 Special jurisdiction

387.828. Special jurisdiction (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.

KRS 387.830 Exclusive and continuing jurisdiction

387.830. Exclusive and continuing jurisdiction Except as otherwise provided in KRS 387.828, a court that has appointed a guardian or issued a protective order consistent with KRS 387.810 to 387.854 has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 11, effective June 8, 2011.

KRS 387.832 Appropriate forum

387.832. Appropriate forum (1) A court of this state having jurisdiction under KRS 387.826 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (2) If a court of this state declines to exercise its jurisdiction under subsection (1) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state. (3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including: (a) Any expressed preference of the respondent; (b) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (c) The length of time the respondent was physically present in or was a legal resident of this or another state; (d) The distance of the respondent from the court in each state; (e) The financial circumstances of the respondent's estate; (f) The nature and location of the evidence; (g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (h) The familiarity of the court of each state with the facts and issues in the proceeding; and (i) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 12, effective June 8, 2011.

KRS 387.834 Jurisdiction declined by reason of conduct

387.834. Jurisdiction declined by reason of conduct (1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (a) Decline to exercise jurisdiction; (b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (c) Continue to exercise jurisdiction after considering: 1. The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; 2. Whether it is a more appropriate forum than the court of any other state under the factors set forth in KRS 387.832(3); and 3. Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of KRS 387.826. (2) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court shall not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than KRS 387.810 to 387.854. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 13, effective June 8, 2011.

KRS 387.836 Notice of proceeding

387.836. Notice of proceeding If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, then in addition to complying with the notice requirements of this state, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is required to be given in this state. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 14, effective June 8, 2011.

KRS 387.838 Proceedings in more than one state

387.838. Proceedings in more than one state Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under KRS 387.828(1)(a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply: (1) If the court in this state has jurisdiction under KRS 387.826, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to KRS 387.826 before the appointment or issuance of the order; and (2) If the court in this state does not have jurisdiction under KRS 387.826, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 15, effective June 8, 2011.

KRS 387.840 Transfer of guardianship or conservatorship to another state

387.840. Transfer of guardianship or conservatorship to another state (1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (2) Notice of a petition under subsection (1) of this section shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator. (3) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section. (4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that: (a) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state; (b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and (c) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient. (5) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that: (a) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in KRS 387.822(2); (b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and (c) Adequate arrangements will be made for management of the protected person's property. (6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of: (a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to KRS 387.842; and (b) The documents required to terminate a guardianship or conservatorship in this state. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 16, effective June 8, 2011.

KRS 387.842 Accepting guardianship or conservatorship transferred from another state

387.842. Accepting guardianship or conservatorship transferred from another state (1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to KRS 387.840, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer. (2) Notice of a petition under subsection (1) of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice shall be given in the same manner as notice is required to be given in this state. (3) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section. (4) The court shall issue an order provisionally granting a petition filed under subsection (1) of this section unless: (a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or (b) The guardian or conservator is ineligible for appointment in this state. (5) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to KRS 387.840 transferring the proceeding to this state. (6) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state. (7) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator. (8) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under this chapter if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 17, effective June 8, 2011.

KRS 387.844 Registration of guardianship orders

387.844. Registration of guardianship orders If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 18, effective June 8, 2011.

KRS 387.846 Registration of protective orders

387.846. Registration of protective orders If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 19, effective June 8, 2011.

KRS 387.848 Effect of registration

387.848. Effect of registration (1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment, except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties. (2) A court of this state may grant any relief available under KRS 387.810 to 387.854 and other law of this state to enforce a registered order. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 20, effective June 8, 2011.

KRS 387.850 Uniformity of application and construction

387.850. Uniformity of application and construction In applying and construing the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, KRS 387.810 to 387.854, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 21, effective June 8, 2011.

KRS 387.852 Relation to Electronic Signatures in Global and National Commerce Act

387.852. Relation to Electronic Signatures in Global and National Commerce Act KRS 387.810 to 387.854 modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq., but do not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. sec. 7003(b). Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 22, effective June 8, 2011.

KRS 387.854 Transitional provision

387.854. Transitional provision (1) KRS 387.810 to 387.854 apply to guardianship and protective proceedings begun on or after June 8, 2011. (2) KRS 387.810 to 387.854, except for KRS 387.822 to 387.838, apply to proceedings begun before June 8, 2011, regardless of whether a guardianship or protective order has been issued. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 47, sec. 23, effective June 8, 2011.

KRS 387.855 Guardian or conservator may consider benefits of establishing a special needs trust

387.855. Guardian or conservator may consider benefits of establishing a special needs trust In developing and establishing a plan to preserve and protect a ward's assets pursuant to this chapter, a guardian, conservator, or limited conservator may consider the benefits to the ward of establishing a special needs trust for the ward. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 59, sec. 8, effective July 12, 2012.

KRS 387.860 Definitions for KRS 387.855 to 387.910

387.860. Definitions for KRS 387.855 to 387.910 The following definitions apply with respect to KRS 387.855 to 387.910: (1) "Special needs person" means a person who, by reason of his or her disability, qualifies as a disabled individual under 42 U.S.C. sec. 1396p and whose disability is the basis for the exemption from Medicaid or Supplemental Security Income (SSI) transfer penalties, or both, either as an individual or as a special needs trust beneficiary under 42 U.S.C. sec. 1396p; (2) "Grantor" means an individual who is expressly empowered under 42 U.S.C. sec. 1396p, or this chapter, to establish a special needs trust for a special needs person, and thus qualifies as a grantor. Further, any individual with standing to petition the court under KRS 387.865 may also serve as a grantor of a special needs trust; (3) "Special needs trust" means a trust described in 42 U.S.C. sec. 1396p(d)(4)(A) or (C) which may receive assets of a special needs person or another person on behalf of the special needs person; (4) "The court," for the purposes of KRS 387.855 to 387.910, means: (a) Where the special needs person has acquired, or will be acquiring, assets which are the subject of any judicial proceedings, the court where such proceedings had been brought, or where such proceedings are pending; and (b) In all other cases, in the District Court in the county where the special needs person resides; and (5) "Interested parties," for the purposes of this chapter, means: (a) Any individual who would have standing to petition the court for appointment as a legal guardian or conservator under this chapter; (b) Any fiduciary of the special needs person, including but not limited to his or her legal guardian, conservator, attorney-in-fact, or trustee whether corporate or individual; (c) If the special needs person is a ward of the state, the Protection and Advocacy Division of the Department of Public Advocacy; and (d) If there is, or is believed to be, a Medicare or Medicaid lien, or subrogation rights with respect to the special needs person which have not been fully satisfied or discharged at the time the petition is filed, then the appropriate agency or other holder of such rights or claims. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 167, sec. 16, effective June 29, 2017. -- Created 2012 Ky. Acts ch. 59, sec. 9, effective July 12, 2012. Legislative Research Commission Note (7/12/2012). In subsection (4) of this statute, the Reviser of Statutes has inserted the phrase "KRS 387.855 to 387.910" in place of a reference to a single statute. In subsection (4) of 2012 Ky. Acts ch. 59, sec. 9, the term "the court" is defined "for the purposes of Section 8 of this Act," but the term does not appear in Section 8, and it is clear from the context that the definition is intended to apply to the entire range of statutes. This manifest clerical or typographical error has been corrected under KRS 7.136(1).

KRS 387.865 Persons who may petition the court to approve a special needs trust

387.865. Persons who may petition the court to approve a special needs trust Any individual who qualifies as a grantor under KRS 387.860 may petition the court to create, establish, or otherwise approve the creation or establishment of a special needs trust as defined in KRS 387.860. In addition, the following shall have standing to petition the court to create, establish, or otherwise approve the creation or establishment of a special needs trust: (1) Any firm or individual which occupies a fiduciary relationship to the special needs person, including but not limited to a guardian ad litem, legal guardian, conservator, limited conservator, trustee of any trust, and personal representative of a decedent's estate where the special needs person is a beneficiary; (2) The special needs person himself or herself and his or her spouse; (3) The siblings or nieces and nephews of the disabled person; (4) An individual holding power of attorney granted by the special needs person; and (5) In cases where the special needs person is under disability as described in SCR 3.130(1.14) and there is no individual referred to in this section who is available or willing to petition the court, then legal counsel retained by the special needs person or one who is actively involved on behalf of the special needs person, whether as a social worker, case manager, care provider, or otherwise, shall also have standing to petition the court under this section. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 59, sec. 10, effective July 12, 2012.

KRS 387.870 Contents of petition

387.870. Contents of petition The petition shall set forth a brief statement as to the specific physical or psychological circumstances of the special needs person which form the basis for the petition, and shall include the following information: (1) The name and address of the petitioner and the petitioner's relationship to the special needs person; (2) The name, age, and address of the special needs person; (3) The name and address of the grantor of the trust, and the grantor's relationship to the special needs person; (4) The name, address, and relationship of the proposed trustee or co-trustees of the special needs trust; (5) The name and address of each reasonably ascertainable interested party; (6) The facts specific to the special needs person and the petitioner to demonstrate to the court that the establishment of a special needs trust for the special needs person is proper under 42 U.S.C. sec. 1396p; and (7) Whether there are any existing liens or claims against the special needs person. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 59, sec. 11, effective July 12, 2012.

KRS 387.875 Additional documents or information to accompany petition

387.875. Additional documents or information to accompany petition Along with the petition the court shall be provided with the following documents or information: (1) A draft of the proposed special needs trust agreement; (2) If there is litigation pending which involves the special needs person, the petitioner shall submit a brief statement describing the litigation, the expected amount or finally determined amount of the recovery, the existence and amount of any liens or charges applicable to the recovery including any applicable Medicare or Medicaid liens, and the name and address of the payor of the recovery; and (3) If the special needs person lives in a nursing home or other supervised living arrangement and is receiving, or expected to receive, public assistance benefits, then the petitioner shall inform the court of the nature of the benefits and the amount thereof. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 59, sec. 12, effective July 12, 2012.

KRS 387.880 Court's disposition of petition -- Notice -- Guardian ad litem

387.880. Court's disposition of petition -- Notice -- Guardian ad litem The petition shall be docketed with the court and set for hearing unless the court shall otherwise determine. Notice of the hearing shall be given to each interested party not less than fourteen (14) days in advance, in accordance with KRS 386B.1-070, unless waived in writing. The court may assign a guardian ad litem to advise the court with respect to the suitability of the special needs trust. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 25, sec. 109, effective July 15, 2014. -- Created 2012 Ky. Acts ch. 59, sec. 13, effective July 12, 2012.

KRS 387.885 Court order establishing trust -- Other matters to be addressed in court order

387.885. Court order establishing trust -- Other matters to be addressed in court order Upon review of the petition and the supplemental information and report, if it appears to the court that the circumstances indicate that the special needs person qualifies as a beneficiary for whom a special needs trust may properly be established under 42 U.S.C. sec. 1396p, the court may order that the trust be established. The court may then proceed to determine whether as part of the order there are other matters to be addressed, including but not limited to the following: (1) Whether the proposed trustee or each co-trustee is suitable; (2) Whether all or a portion of the assets or income, or both, belonging to or payable to the special needs person should become part of the trust; (3) Whether there are any charges against the funds which should be paid before the trust be established; (4) The suitability of requiring surety on the bond of the trustee or co-trustees; and (5) Any other matters the court deems appropriate for ruling. The order of the court establishing the trust shall be final and appealable on the same basis as any other civil proceeding involving trusts. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 59, sec. 14, effective July 12, 2012.

KRS 387.890 Court order modifying existing trust -- Jurisdiction and venue

387.890. Court order modifying existing trust -- Jurisdiction and venue The court may enter an order modifying an existing trust, whether established by the court under this chapter, or whether the trust has been otherwise established, upon petition demonstrating to the court that there is just cause to modify the trust to preserve the trust purposes of protecting the trust assets for the benefit of the special needs person. Any such petition shall comport with KRS 387.870, 387.875, and 387.880. If the trust is administered or registered in a county other than where the special needs person resides when a petition is brought to modify a trust, jurisdiction and venue shall be determined in accordance with KRS 386B.2-030, except that no such order of modification shall limit, modify, or defeat the trustee's duty, where required under 42 U.S.C., sec. 1396p, to reimburse the state from the trust assets for benefits paid on behalf of the special needs person at the death of the special needs person, or the termination of the trust during the lifetime of the special needs person, as the case may be. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 25, sec. 110, effective July 15, 2014. -- Created 2012 Ky. Acts ch. 59, sec. 15, effective July 12, 2012.

KRS 387.895 Court may allow petitioner to contribute additional assets and income

387.895. Court may allow petitioner to contribute additional assets and income Upon appropriate petition in accordance with the above requirements of KRS 387.870, 387.875, and 387.880 with respect to the establishment or approval of a special needs trust, the court may also permit the petitioner to add or otherwise contribute additional assets or income, or both, to an existing or newly created or existing special needs trust. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 59, sec. 16, effective July 12, 2012.

KRS 387.900 Court to determine whether trustee must file settlements

387.900. Court to determine whether trustee must file settlements As part of the order by which the trust is created, the court shall determine whether the trustee of the special needs trust shall or shall not be required to file periodical settlements. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 59, sec. 17, effective July 12, 2012.

KRS 387.910 Purpose of KRS 387.855 to 387.910

387.910. Purpose of KRS 387.855 to 387.910 The purpose of KRS 387.855 to 387.910 is primarily to establish a framework by which a disabled individual who qualifies as a special needs person, or his or her family, care manager, or fiduciary, shall have access to the courts to secure the benefits of federal and state law public assistance benefits as set forth in 42 U.S.C. sec. 1396p. In construing various provisions of KRS 387.855 to 387.910, the court shall be mindful of this purpose. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 59, sec. 18, effective July 12, 2012.

KRS 387.990 Penalties

387.990. Penalties (1) Any person who wrongfully causes or conspires with or assists another in causing the unwarranted determination of disability or partial disability of any individual under KRS 387.500 to 387.770 or the denial of any individual of any rights accorded to him under the provisions of KRS 387.500 to 387.770 shall be guilty of a Class A misdemeanor. (2) Any person who intentionally violates the confidentiality of any records or reports under KRS 387.500 to 387.770 shall be guilty of a Class B misdemeanor. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 141, sec. 29, effective July 1, 1982.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39181Fetched: 10/20/2026