A State Affiliate of the National Guardianship Association
Disclaimer: The Kentucky Guardianship Association does not provide legal advice nor does the organization represent parties in court or throughout the guardianship process. This information is provided for informational purposes only. Persons seeking legal advice should contact an attorney.
A State Affiliate of the National Guardianship Association
Disclaimer: The Kentucky Guardianship Association does not provide legal advice nor does the organization represent parties in court or throughout the guardianship process. This information is provided for informational purposes only. Persons seeking legal advice should contact an attorney.
Guardianship Process
Kentucky’s guardianship law is primarily found in Kentucky Revised Statutes Chapter 387 (See KRS 387.500 to 387.800). For a step-by-step of the process, please consult the Guardianship Manual, which can be found on our home page, www.kyguardianship.org.
The process to establish a guardianship or conservatorship is specified by the statutes and because the establishment of a guardianship or conservatorship may deprive a person of certain rights, this process must be strictly followed. The following is a brief overview of the process.
- The Petitioner files a petition in the district where the Respondent resides.
- The Respondent will be represented by an attorney. This can either be a court-appointed attorney or an attorney chosen by the Respondent.
- Evaluations will be completed by a doctor, a psychologist, and a social worker. These persons may be referred to as the Interdisciplinary Team. Reports from the team members must be filed with the court and copies should be provided to the parties.
- A hearing is held to determine whether the Respondent is disabled, partially disabled, or not disabled. This hearing can be held before a judge or if any party requests, a jury. This is also referred to as the “disability trial.” The County Attorney will enter evidence and a member of the interdisciplinary team will attend to give testimony about the interdisciplinary team reports.
- If the Respondent is determined to be disabled or partially disabled, the judge will then appoint an appropriate Guardian and/or Conservator. If it is determined that the Respondent is not disabled, a no one will be appointed.
After the appointment of a guardian or conservator, the district court continues to oversee the process. Kentucky statutes require a guardian to periodically file reports with detail on any actions taken by the guardian. Conservators are also required to file periodic reports on actions taken.
After the death of a Respondent, the guardian or conservator must file a final report.
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