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

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…

This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the Veterans Affairs. Effective:June 29, 2017

This chapter may be cited as the "Uniform Veterans' Guardianship Act."

All laws or parts of laws relating to beneficiaries of the Veterans Affairs inconsistent with this chapter are hereby repealed. Except where inconsistent with this chapter, the general guardianship laws of this state and the laws establishing the practice in such matters includin…

Affairs. The provisions of this chapter relating to surety bonds and the administration of estates of Veterans Affairs beneficiaries under guardianship shall apply to all such estates heretofore or hereafter created under the general laws of this state to the extent that such est…

Circuit Court. (1) Notwithstanding any other statutory limitation of the jurisdiction of the District Court: (a) Any trustee, guardian, conservator, or personal representative (hereinafter "fiduciary"), not otherwise possessing a power of sale, may move the District Court of the …

(1) An order by the District Court granting a fiduciary power under KRS 389A.010 shall contain an adequate description of the property and shall recite that it is a final order. (2) The deed or mortgage from the fiduciary in exercise of the power granted shall recite in the sourc…

clerk may alter. In the event the power of a fiduciary to sell or mortgage any real estate is expressly limited by the will or trust instrument under which he is acting, such limitation may only be altered or amended by the Circuit Court of the county wherein the fiduciary was ap…

The net proceeds of the sale or mortgage of real estate by a fiduciary shall be held, invested or distributed for the benefit of the persons who, but for the sale or mortgage, would be entitled to the income derived therefrom or the possession thereof, in accordance with law or t…

(1) When two (2) or more persons other than tenants by the entirety in residential property actually occupied by them as a principal residence share title to real estate in such manner that a conveyance by them jointly would pass a fee simple title, any one (1) or more of them ma…

but subject to court approval. Without previous judicial proceeding or judgment, an interest in real property held by a fiduciary for the benefit of a ward, or by more than one (1) person or by an unknown heir may be sold by private sale subject to court approval. An action for a…

When two (2) or more persons share title to real estate but an interest therein may be possessed by persons unborn or not immediately ascertainable, an action for sale or division may be brought in the same manner as provided in KRS 389A.030 but the interest of the unborn or unas…

This chapter shall be titled "Fiducial and Judicial Sales of Real Estate."

This chapter may be cited as the Uniform Powers of Appointment Act.

As used in this chapter: (1) "Appointee" means a person to whom a powerholder makes an appointment of appointive property; (2) "Appointive property" means the property or property interest subject to a power of appointment; (3) "Blanket-exercise clause" means a clause in an instr…

Unless the terms of the instrument creating a power of appointment manifest a contrary intent: (1) The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the relevant time; and (2) The exercise, release, or disclaimer of the power, o…

The common law principles of equity supplement this chapter, except to the extent modified by this chapter or law of the Commonwealth other than this chapter.

(1) A power of appointment is created only if: (a) The instrument creating the power: 1. Is valid under applicable law; and 2. Except as otherwise provided in subsection (2) of this section, transfers the appointive property; and (b) The terms of the instrument creating the power…

A powerholder may not transfer a power of appointment. If the powerholder dies without exercising or releasing the power, the power lapses.

Subject to KRS 390.090, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is: (1) Presently exercisable; (2) Exclusionary; and (3) Except as otherwise provided in KRS 390.080, general.

Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if: (1) The power is exercisable only at the powerholder's death; and (2) The permissible appointees of the power are a defined and limited class that does not i…

(1) As used in this section, "adverse party" means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor …

A donor may revoke or amend a power of appointment only to the extent that: (1) The instrument creating the power is revocable by the donor; or (2) The donor reserves a power of revocation or amendment in the instrument creating the power of appointment.

A power of appointment is exercised only: (1) If the instrument exercising the power is valid under applicable law; (2) If the terms of the instrument exercising the power: (a) Manifest the powerholder's intent to exercise the power; and (b) Subject to KRS 390.150, satisfy the re…

(1) As used in this section: (a) "Residuary clause" does not include a residuary clause containing a blanket- exercise clause or a specific-exercise clause; and (b) "Will" includes a codicil and a testamentary instrument that revises another will. (2) A residuary clause in a powe…

Unless the terms of the instrument exercising a power of appointment manifest a contrary intent: (1) Except as otherwise provided in subsection (2) of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing …

A powerholder's substantial compliance with a formal requirement of an appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if: (1) The powerholder knows …

(1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder’s estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powe…

(1) An appointment to a deceased appointee is ineffective. (2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descend…

(1) Except as provided in KRS 390.160, an exercise of a power of appointment in favor of an impermissible appointee is ineffective. (2) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.…

If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned and appointive property shall be allocated in the permissible manner that best carries out the powerholder's intent.

general power. To the extent a powerholder of a general power of appointment, other than a power to revoke, amend, or withdraw property from a trust, makes an ineffective appointment: (1) The gift-in-default clause controls the disposition of the ineffectively appointed property;…

general power. To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to revoke, amend, or withdraw property from a trust: (1) The gift-in-default clause controls the disposition of the unappointed property; or (2) If there is …

nongeneral power. To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment: (1) The gift-in-default clause controls the disposition of the unappointed property; or (2) If there is no gift-in-default clause or to the ext…

default. Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed prop…

If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised, and the appointee takes un…