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

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…

As used in this chapter: (1) The term "person" includes a partnership, corporation or an association. (2) The term "Veterans Affairs" means the United States Department of Veterans Affairs, its predecessors or successors. (3) The terms "estate" and "income" shall include only mon…

relating to estate of beneficiary -- Notice. The administrator of veterans affairs, or his successor, is and shall be a party in interest in any proceeding brought under any law of this state for the appointment of a guardian or conservator for any beneficiary, who is a minor or …

chapter. Whenever, pursuant to any law of the United States or regulation of the United States Department of Veterans Affairs, it is necessary, prior to payment of benefits, that a guardian or conservator be appointed for a minor or a mentally disabled beneficiary of the Veterans…

-- Exceptions. (1) Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian or conservator of any minor or mentally disabled beneficiary of the Veterans Affairs if such proposed guardian or conservator shall at that time be acting as g…

appointed. (1) A petition for the appointment of a guardian or conservator for any minor or mentally disabled beneficiary of the Veterans Affairs may be filed in the court having jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointm…

guardian. Where a petition is filed for the appointment of a guardian for a minor beneficiary of the Veterans Affairs, a certificate of the administrator of Veterans Affairs, or his authorized representative, accompanying such petition setting forth the age of such minor as shown…

guardian or conservator -- Guardian ad litem. Notwithstanding the provisions of existing law for adjudication of mental disability and appointment of a guardian or conservator upon the inquest of a jury, where a petition is filed for the appointment of a guardian or conservator f…

Upon the filing of a petition for the appointment of a guardian or conservator under the provisions of this chapter, notice shall be given in like manner as is provided under existing law.

(1) Before making an appointment under the provisions of this chapter, the court shall be satisfied that the person whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made, the guardian or conservator shall execute and file a bond t…

Department of Veterans Affairs -- Hearings. (1) Every guardian or conservator who shall receive on account of his ward any moneys from the Veterans Affairs, shall file with the court biennially, on the anniversary date of the appointment, in addition to such other accounts as may…

If any guardian or conservator shall fail to file with the court or the Veterans Affairs, as required by this chapter, any account of the benefits received by him from the Veterans Affairs on account of his ward within thirty (30) days after such account is due, or shall fail to …

Compensation payable to guardians or conservators shall not exceed five percent (5%) of the income of the ward during any year, but in no event shall the amount of such compensation be less than fifty dollars ($50) for each year. In the event of extraordinary services rendered by…

All funds in possession of such guardian or conservator shall be invested in such securities or other property in which the guardian or conservator has no interest, as allowed by law which investment shall be first approved by the court; except that investments in direct interest…

A guardian or conservator shall not apply any portion of the estate of his ward for the support and maintenance of any person other than said ward, his minor children and his spouse (if the spouse and the ward be living together) except upon petition to and prior order of the cou…

Department of Veterans Affairs without charge. Whenever a copy of any public record is required by the Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by such Veterans Affairs, the official charged with the custod…

Upon filing a petition, or certificate, showing that a minor ward has attained majority, or that a mentally disabled ward has been rated competent upon examination in accordance with the law, the court may order the guardian or conservator to file a final account; and, upon heari…

Department of Veterans Affairs or other federal agency. (1) Whenever in a proceeding for the trial and commitment of any person who appears to be mentally disabled it is determined that such person is either an individual with an intellectual disability, an epileptic, or a mental…