guardianships
Forms
AOC Form 740 – Petition to Determine if Disabled
AOC Form 745 – Application for Appointment of Fiduciary for Disabled Persons
AOC Form 747 – Petition/Application for Emergency Appointment of Fiduciary for Disabled Persons
AOC Form 790 – Annual Report of Guardian
Adult Guardianship Restrictions – Campbell County District Court
More Information:
Guardianship and Conservatorships over another person are available when that person is unable to take care of their personal and financial affairs. Proceedings to determine whether a guardian or conservator is needed, and appoint a guardian or conservator take place in the District Court where the person or Respondent lives. A nuance is that a conservator only handles financial affairs whereas a guardianship takes care of personal affairs (day-to-day activities). Co-guardians can also be appointed by the court, but the cavate with the co-guardianship is that both individuals must be present for any guardianship activities (e.g. signing documents, attending doctor’s appointments). If you need assistance during this process, please contact the County Attorney’s Office at 859-581-8015.
An appropriate petition would consist of one or more of the following:
An adult who is unable to meet their daily needs due to serious mental illness or dementia (e.g. malnutrition, unpaid bills, hygiene, wandering from home).
Issues with their primary caretaker (e.g. abuse, neglect, or exploitation).
An adult with an intellectual disability.
Could be caused by a serious accident, which in turn caused head trauma.
You may also find out more information about guardianships and conservatorships at the Kentucky Guardianship Association’s website, www.kyguardianship.org.
Process to determine disability and obtain Guardianship/Conservatorship:
A petition, AOC Form 740, is completed and filed with the clerk of courts. Any person concerned with the welfare of the Respondent may file the petition. The form asks for information about where the Respondent lives, who is next of kin, and why a guardian or conservator is necessary. Via KRS 387.530, the AOC Form 740 shall consist of the following
(a) The name and address of the respondent;
(b) The date of birth of the respondent, if known;
(c) The nature and degree of the alleged disability of the respondent;
(d) The facts and reasons supporting the need for guardianship or conservatorship;
(e) A description and approximation of the value of the respondent’s financial resources, including government benefits, insurance entitlements, and anticipated yearly income, if known;
(f) The names and addresses of the respondent’s next of kin, if known;
(g) The name and address of the individual or facility, if any, having custody of the respondent;
(h) The name, address and interest of the petitioner;
(i) The name and address of the petitioner’s attorney, if any; and
(j) The name and address of any person or entity appointed by the respondent as respondent’s attorney in fact under a durable power of attorney or as respondent’s surrogate to make health care decisions under an advance directive.
At the same time the petition is filed, an application for emergency appointment, AOC Form 745, may be filed if necessary, along with an application of appointment to fiduciary for the disabled person, AOC Form 747, must also be filed by the person intending to be guardian or conservator of the Respondent. The person filing the petition, or Petitioner, will also need a written letter or note from a care provider to substantiate the need to appoint an emergency guardian/conservator.
KRS 387.740 states that an emergency appointment will occur when, “during the pendency of a proceeding for a determination of partial disability or disability or an appeal therefrom, it appears that there is danger of serious impairment to the health or safety of the respondent or damage or dissipation to his property if immediate action is not taken.
Within one week of the filing of a petition pursuant to this section, the court shall conduct a hearing at which the respondent shall be entitled to counsel. Notice of the time and place of the hearing shall be given not less than forty-eight hours prior to the hearing to all persons named in the petition and to the county attorney.
If the Respondent does not have an attorney, the Court will appoint an attorney to provide representation. The Court will pay the lawyer’s fees if the Court determines the Respondent is unable to do so. The County Attorney will represent the Commonwealth in this proceeding. The Petitioner is not required to have an attorney but may choose to do so.
After the Court reviews the petition and applications, the Court will designate an Interdisciplinary Team consisting of a Doctor, Psychologist, and Social Worker. Each member of this team will meet with Respondent and file a report consisting of their respective opinions.
Once the Court receives all three reports, the matter will be scheduled for a jury trial in the District Court. The County Attorney, on behalf of the Commonwealth, and the Respondent’s attorney will present evidence from the reports. Upon conclusion of the trial, the jury will determine whether the Respondent is fully or partially disabled in personal and/or financial affairs. The Respondent must be present at the hearing unless the court determines that attendance would subject the person to serious risk of harm.
If the Jury finds that the Respondent is partially or fully disabled in either their personal or financial affairs, the Court will decide who will be the Respondent’s guardian or conservator. Upon selection, the Court will file an order outlining the constraints of the guardian or conservator, if any. The court order will be filed with the court but must also be indexed in the county clerk’s office.
Frequently Asked Questions
What is a guardianship?
A guardianship provides the guardian with decision-making authority and responsibility over the protected person’s personal affairs. Limited guardianship gives the guardian decision-making authority and responsibility over only selected areas that the protected person has been determined unable to manage by him/herself; for example, a limited guardianship may only apply to healthcare decisions.
What is a conservatorship?
A conservatorship is similar to guardianship in that it is a legal relationship between a protected person and one or more individuals appointed by the court to make decisions on behalf of the protected person. However, while a guardianship may encompass all personal affairs (support, care, health, rehabilitation, therapeutic treatment, and if not inconsistent with an order of commitment or custody, the residence) of a protected person, a conservatorship is limited to the management of the property and financial affairs of a protected person. As with guardianship, a conservatorship may be full, limited, temporary, or joint.
Who can be a guardian/conservator?
A family member or other interested individual may petition for the appointment of guardian/conservator for a protected person. However, when a relative or other appropriate person is not qualified or willing to act in this capacity, the Kentucky Cabinet for Health and Family Services may be authorized to act as guardian/conservator for persons under their care.
What are the duties of a guardian/conservator?
A guardian/conservator must maintain regular and frequent contact with the protected person to become familiar with the protected person’s needs and limitations, and only exercise their decision-making authority to the extent required by those limitations. The guardian/conservator must respect the fact that their relationship with the protected person is a confidential one, and should encourage the person’s participation in decision-making to the extent possible. Obviously, the guardian/conservator must always act in the best interest of the protected person, and never become involved in a situation that might give the appearance of a conflict of interest. Finally, the court does require that the guardian/conservator provide some information to the court, including information pertaining to the protected person’s finances and personal inventory, and an annual personal status report.
How much does it cost to file?
The cost to file for an adult guardianship is $121.50.
What reporting is required for Guardian/Conservator?
A guardian must report to the court every year as to the personal status of the ward and, if responsible for the ward's finances, must make a financial report to the court every two (2) years.
Forms
The forms mentioned at the top of this page may be required to be filed with the clerk’s office in order to start the guardianship/conservatorship process or maintain an appointment. If you need assistance completing the form, you can contact our office at 859-581-8015