Kentucky Guardianship Laws clearly define the criteria for determining that an adult qualifies for the appointment of a Guardian or Conservator and the legal process through the court system. If you are concerned about an adult managing their private affairs, these are some of the questions which you may be asking:. Given the response to these questions, you may decide that it is time to seek a solution for this person. Kentucky guardianship laws are explicit on the process of determining disability and guardianship appointment.
A Family Guide to Guardianship in Kentucky: Questions and Answers
Ward of the State | Public Guardian | KY Guardianship Law | Conservator
The courts of the Commonwealth of Kentucky have defined and oversee the process for conservatorship. The consideration of appointing a conservator is a serious matter as this appointment results in an individual surrendering decision making authority to another, a matter to never take lightly. With our society confronting an aging population, many families and friends find themselves in a situation where they may recognize that their loved one:. Based upon determination of any or all of the above conditions, Kentucky law provides several options:. If an individual's needs are limited to financial management, conservatorship is the option to be pursued. The interested party with concern that someone needs financial oversight files a petition.
Guardianship proceedings occurred when minor children were orphaned or when only the father or "bread winner" died. The mother was allowed to retain guardianship if officials considered her circumstances sufficient to provide for the children. Another person appointed as guardian may have been a relative, a friend of the family, or one who could teach the minor s a trade. In some cases guardians or administrators were appointed to handle the affairs of adults who were deemed incompetent. County officials appointed guardians to provide minor children with education or training, making it more likely that the minors would become contributing members of the community rather than wards of the county or state.
The Commonwealth of Kentucky has created a legal system of guardianship and conservatorship that provides a range of options for adults who are determined to be disabled. Any of the following situations can be grounds for disability determination for an adult who:. An evaluation is done by an Interdisciplinary Team consisting of a physician who will do the medical evaluation, a psychologist who will assess mental capacity and a social worker who will review the Respondent's social environment and ability to function. When the jury determines that an adult is disabled and to what extent full or partial this person is disabled, the judge will immediately make an appointment of a guardian or conservator.