Title XXXIII, Administration of Trusts and Estates of Persons Under Disability

(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 conser…

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 reas…

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 conf…

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…

(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…

KRS 387.810 to 387.854 shall be known and may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

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 …

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.

(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 sha…

(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 p…

(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…

(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 a…

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.

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…

(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 …

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 exp…

(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…

(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 fashioni…

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 th…

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 s…

(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 petitio…

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 ce…

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…

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 s…

(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 proceedin…

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.

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 a…

(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 …

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.

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 Medica…

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 …

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'…

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 de…

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. Th…

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. 1396…

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…

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…

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.

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 pu…

(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…