An Overview of Kentucky Legal Guardianship
At base, a guardian is a person appointed by the court to manage the affairs of another who cannot do so. In Kentucky, a legal guardian is someone appointed by order of the court to be responsible for the personal and/or financial affairs of another person. The person who is protected is known as the ward. In either case, the Guardian is subject to the oversight of the Court—most often in the form of a Hearing that takes place every 3 to 5 years. Legal guardianship may assist if you are unable to care for yourself due to mental and/or physical incapacitation. Guardianship also becomes necessary when someone else is not protecting your financial or other personal interests . In this situation, a degreed and licensed professional who teaches at the local college may be named as the public guardian. This individual, or their agency, will step in to protect the assets and finances of the incapacitated person. Once the Court appoints the guardian, the Guardian must report periodically to the Court. They must state what they have done with the Person’s property, what bills they have paid from the Person’s funds, whether the person is properly cared for, etc. The Court can remove the guardian if there is mismanagement of funds or mistreatment of the person.
The Different Types of Guardianship in Kentucky
In Kentucky, the term guardianship refers to two different but closely associated concepts: guardianship of a person (an individual such as a child or adult) and guardianship of an estate (real or personal property). This article briefly discusses the different kinds of guardianships permitted in Kentucky, including guardianship for a minor and before and after moving into a nursing home. Of course, the availability and application of guardianship laws will depend on the particular facts and circumstances of each case. An attorney can be a good sounding board in determining appropriate action and next steps.
The following is a general overview of the various types of guardianship petitions and the legal implications of each.
Guardianship of Minor
A guardian of a minor may be appointed by a court upon a petition filed in the county where the minor resides. The court may appoint a guardian, including a guardian of the person, estate, or both. A guardian of both the person and estate of the minor is called a plenary guardian. In such a scenario, the court retains oversight authority concerning the guardian during the minority. Examples of standard form powers granted to a plenary guardian include the authority to name the minor’s school, obtain medical treatment, consent to marriage, make decisions relating to the minor’s health care, and consent to various legal actions on behalf of the minor. In addition to the plenary guardian, a court may appoint a guardian of the person or property, or both, for a minor who has both a mother and a father and whom one parent has become a resident of a jurisdiction outside Kentucky and has no property within the Commonwealth, or for a minor whose parents have died.
If the minor is twenty-one years or older, there is no procedure for court appointment of a guardian. Once a child reaches age eighteen, he or she is legally considered an adult and is presumed competent to care for himself or herself with regard to all matters, except marriage, court petitions, and certain other exceptions.
Guardianship of Adult
A guardian of an adult with diminished capacity may be appointed by a court upon a petition filed in the county where the adult resides, whether the adult is a Kentucky domiciliary or a non-domiciliary presently residing in Kentucky.
If the court determines that the individual is partially incapacitated, the court shall issue an order appointing a guardian of the individual’s person or estate or both, and the order shall specify the extent to which the individual’s rights are to be transferred to the guardian.
Limited Guardianship
A limited guardian is a person or agency who has been appointed to exercise the powers necessary to can protect and care for an individual with a diminished capacity and has been assigned specific powers (not more than necessary to provide the necessary care and protection).
Kentucky has further provisions and procedures for declaration of incapacity and appointment of a guardian if an adult is in a nursing home, intermediate care facility, or personal care home.
Nursing Home / Personal Care Home
In the case of an individual who resides in an "intermediate care facility" or "personal care home," upon petition of a person or agency empowered to file such petition, the court may do any of the following:
The court may also enter a temporary order providing for the appointment of a limited guardian. If the court enters an order appointing a limited guardian for a nursing home resident, the court may not grant the guardian control over the individual’s residence or financial competence, nor may it order that the individual obtain any medications or services from a specific source, unless the individual is the petitioner.
The foregoing provisions are intended to apply to nursing home residents (including those who are "boarders" in such facilities), but do not apply to individuals residing in a hospital or rehabilitation facility.
Basic Filing Requirements for Kentucky Guardianship Forms
Each county in Kentucky has its own set of requirements and procedures for filing legal guardianship forms with the court. However, as a general rule, certain criteria must be met for an individual to qualify as a legal guardian under Kentucky law. The individual filing for guardianship must be financially responsible and able to care for the ward as determined by the court. In addition, certain documents must be filed with the court at the time of filing including, but not limited to, a report from the proposed guardian, a proposed order, and notice to the proposed ward.
Before being appointed as the guardian of a person and/or estate, each proposed guardian, as well as those seeking to become the guardian for an individual with a disability, must complete a civil summons, financial disclosure, and report of proposed guardian. These documents must then be filed with the court before or at the same time as the petition to become a legal guardian. At the time of filing, notice of the hearing must be given to the proposed ward and any other interested parties.
The petition for guardianship must include the names, addresses, and birth dates of all potential wards, as well as information regarding the person or persons seeking custodianship and the relationship to the proposed wards. Once granted by the court, a guardian is appointed by the court to be a caretaker for the ward and to manage their finances.
In Kentucky, rules and forms for child and adult guardianships may be found within the Kentucky Civil Rules and the Kentucky Probate Code.
How to Fill Out Guardianship Forms: A Step by Step Guide
Completing the correct forms can be daunting, but our guides will help you avoid mistakes and lost time in getting the required work done. The forms may have the following sections, which should be completed in order:
CAPACITY
The form will ask if you are asking to be guardian of the person, estate, or both; in the case of distress of the person under disability only, then renunciation of the present guardian, the guardian of the property, or temporary guardian.
FELONY OR GUILTY PLEA
If you must answer this section, answer yes or no; the obligation to give complete and truthful answer is a legal document that must be completed.
ATTORNEY INFORMATION
It is very important to list your attorney’s name here if applicable.
RUMORS
An affiant is a person filing a declaration under the state law of Kentucky, or a person making a statement on any paper, is under penalty of a Class A misdemeanor or a Class D felony.
FINANCIAL INFORMATION
These questions and the answers that follow can be important. An example is if the person has an estate that may never net the guardian more than $5000. If so, contest the ability to oversee the estate.
EDUCATION
This section Under Kentucky law, is also important, any blanks left on the form may delay the process. List all educational backgrounds for both parties.
ELECTRONIC SIGNATURES OR PERSONAL APPEARANCE
Some headings or subheadings maybe explained later, but unless listed on every single page of the document, may not be legally binding, and could become a roadblock to the approval of the guardianship.
Where to Access Kentucky Guardianship Forms
Obtaining the correct Kentucky legal guardianship forms is essential for a smooth guardianship process. In Kentucky, there are several sources where individuals can obtain these forms, such as county clerk offices and online resources. Each source has its benefits, and the right source can depend on your individual needs and circumstances. One of the most common sources for obtaining Kentucky guardianship forms is through the county clerk’s office. The county clerk office serves as the custodian for court records, including guardianship forms. They have printed copies of all the forms required to initiate and complete a guardianship process. These forms are readily available to the public, and individuals can obtain them by simply visiting their local clerk’s office. Another valuable source for obtaining Kentucky guardianship forms is online. The Kentucky Court of Justice website has a comprehensive list of downloadable guardianship forms. This convenient resource allows individuals to access and print the forms from the comfort of their home or office . This is especially helpful for those who live in rural areas or have mobility issues that make it difficult to visit the county clerk’s office in person. In addition to the forms available through the county clerk and online, individuals may also obtain guardianship forms through attorneys and legal service providers. Attorneys who specialize in probate and family law can provide assistance in selecting the right forms for each specific situation. They can also guide individuals through the process of completing and filing the appropriate forms, ensuring that nothing is missed in the process. Ultimately, the source that is right for you will depend on your specific needs. For those comfortable with technology, the online forms may be the most convenient option. For others, an in-person visit to the county clerk’s office may be the best choice. In some cases, individuals may benefit from the help of an attorney to guide them through the process of filling out and filing the required forms.
Filing Kentucky Guardianship Forms: A Quick Guide to the Basics
Once you’ve completed and filed the Kentucky legal guardianship forms, it’s time to wait for the court’s determination. This process takes about a month or two, so don’t panic if it takes a little longer. The court will notify your local Department of Community-Based Services, which will conduct a check on the "child." At the same time, the court will ask those identified in the petition to come in for a hearing. You can expect to get notification of the hearing date after court has received the report from the DCBS. When you receive the notice of the hearing, make sure to let the court know if there’s a reason you cannot attend. For example, if there is a scheduling conflict or a medical emergency, you may be able to have the date changed. Otherwise, you must attend the hearing due to Kentucky law that requires the consent of every adult legally responsible for the child. If you cannot attend the hearing, your appointment may be canceled. After the hearing, the judge will either appoint you as the "next friend" and give you the authority to submit a request for a legal guardianship order, or will deny your request. If you were granted authority to submit the petition, you’ll be given a petition form with instructions. You may have to supply additional information, too, before submitting the form to the court. Once the court has the guardianship petition, it will review your information. If the petition is accepted, you’ll be contacted by a court clerk regarding your next steps. Within approximately 24 hours of the petition being accepted, the judge will sign the order. Filing Kentucky legal guardianship forms can feel overwhelming, but if you take your time and seek assistance when you need it, you’ll have no problem navigating the process.
Common Issues and How to Address Them
While the process described in the previous section covers the majority of cases, in practice, guardianship forms and requirements do not perfectly align with any one situation. Some issues may occur during the completion of forms, such as an incomplete medical examination, or a clerical mismatch regarding the reporting county for the proposed guardianship. If any issues do arise, the Administrative Office of the Courts provides guidance on how to work these out.
The AOC can also provide assistance if the proposed guardian needs a waiver on a specific guardianship forms requirement. This scenario has occurred when a new Kentucky resident is seeking guardianship over a Kentucky resident, but does not have the necessary evidence of residency . In some cases, waivers were granted for a person who cannot attend the required family education meeting due to health reasons.
Guardianship forms problems may also arise if the forms are completed incorrectly or incorrectly notarized. The AOC provides guidance on notarization, including acceptable identification. If a form is completed with too many errors, it will be returned to the proposed guardian or attorney, requiring the filing of a new set of documents. To prevent this, a full set of forms should be submitted at once, even if there are certain forms that do not apply. The names of all parties involved should be printed clearly, matching information across all forms, and any additional pages should be marked with the same caption that appears on the original petition.