387.510 Definitions.
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 to assist in managing the financial resources of a partially disabled person and
whose powers and duties have been specifically enumerated by court order.
(3) "Guardian" means any individual, agency, or corporation appointed by the court to
have full care, custody, and control of a disabled person and to manage his financial
resources.
(4) "Limited guardian" means a guardian who possesses fewer than all of the legal
powers and duties of a full guardian, and whose powers and duties have been
specifically enumerated by court order.
(5) "Standby" guardian or conservator means a person or entity designated by the court
to assume the powers and duties assigned to a limited guardian, guardian, limited
conservator, or conservator upon his death, resignation, removal, or incapacity.
(6) "Testamentary" guardian or conservator means an individual, agency, or corporation
nominated in the will of a limited guardian, guardian, limited conservator, or
conservator to succeed the testator in that capacity upon his death.
(7) "Developmental disability" means a severe, chronic disability of a person which:
(a) Is attributable to a mental or physical impairment or combination of mental
and physical impairments, including pervasive developmental disorder;
(b) Is manifested before the person attains age twenty-two (22);
(c) Is likely to continue indefinitely;
(d) Results in substantial functional limitations in three (3) or more of the
following areas of major life activity:
1.
Self-care;
2.
Receptive and expressive language;
3.
Learning;
4.
Mobility;
5.
Self-direction;
6.
Capacity for independent living; and
7.
Economic self-sufficiency; and
(e) Reflects the person's need for a combination and sequence of special
interdisciplinary or generic care, treatment, or other services which are of
lifelong or extended duration and are individually planned and coordinated.
(8) "Disabled" means a legal, not a medical disability, and is measured by functional
inabilities. It refers to any person fourteen (14) years of age or older who is:
(a) Unable to make informed decisions with respect to his personal affairs to such
an extent that he lacks the capacity to provide for his physical health and
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
safety, including but not limited to health care, food, shelter, clothing, or
personal hygiene; or
(b) Unable to make informed decisions with respect to his financial resources to
such an extent that he lacks the capacity to manage his property effectively by
those actions necessary to obtain, administer, and dispose of both real and
personal property.
Such inability shall be evidenced by acts or occurrences within six (6) months prior
to the filing of the petition for guardianship or conservatorship and shall not be
evidenced solely by isolated instances of negligence, improvidence, or other
behavior.
"Partially disabled" refers to an individual who lacks the capacity to manage some
of his personal affairs and/or financial resources as provided in subsection (8) of
this section, but who cannot be found to be fully disabled as provided therein.
"Mentally ill person" means a person with substantially impaired capacity to use
self-control, judgment, or discretion in the conduct of his affairs and social
relations, associated with maladaptive behavior or recognized emotional symptoms
where impaired capacity, maladaptive behavior, or emotional symptoms can be
related to physiological, psychological, or social factors.
"Interdisciplinary evaluation report" means a report of an evaluation of a respondent
performed pursuant to the provisions of KRS 387.540 to determine whether he is
partially disabled or disabled as defined herein.
"Interested person or entity" means an adult relative or friend of the respondent or
ward, an official or representative of a public or private agency, corporation, or
association concerned with that person's welfare, or any other person found suitable
by the court.
"Petitioner" means a person who institutes a proceeding under KRS 387.530.
"Respondent" means an individual alleged to be a partially disabled or disabled
person.
"Ward" means a person for whom a limited guardian, guardian, limited conservator,
or conservator has been appointed.
"Committee" means a person appointed by the court prior to July 1, 1982, to have
full care, custody, and control of a disabled person and his estate.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 162, sec. 5, effective July 15, 2002. -- Amended
1988 Ky. Acts ch. 359, sec. 2, effective July 15, 1988. -- Created 1982 Ky. Acts
ch. 141, sec. 2, effective July 1, 1982.
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