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

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…

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…

(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…

(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…

(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 o…

(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 discha…

(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 …

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…

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 th…

(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…

(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 th…

A conservator shall have the powers and duties specified in KRS 387.125 and KRS 387.065(4) to (8).

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…

(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 pursuan…

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 …

(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 …

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.…

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 esta…

(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.…

(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-o…

(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 bri…

(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 h…

(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 p…

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 …

(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 deprivatio…

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…

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 conservato…

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 peti…

(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…

(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 wh…

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 entitle…

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 publi…

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 …

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 ap…

(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 Ca…

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) Abi…

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 accom…

(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 replace…

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 require…

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: …

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 …

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 developme…

(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 t…

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 a…

(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)…

(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 …