2011 Kentucky Revised Statutes CHAPTER 387 GUARDIANS -- CONSERVATORS -- CURATORS OF CONVICTS 387.590 Types of guardians and conservators to be appointed -- Order of appointment -- Filing of judgment and order -- Legal disabilities.
KY Rev Stat § 387.590 (1996 through Reg Sess) What's This?
387.590 Types of guardians and conservators to be appointed -- Order of
appointment -- Filing of judgment and order -- Legal disabilities.
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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 appointed.
If the respondent is found partially disabled in managing his financial resources, but
not partially disabled or disabled in managing his personal affairs, a limited
conservator shall be appointed.
If the respondent is found partially disabled in managing both his personal affairs
and financial resources, a limited guardian shall be appointed, unless the court
considers it in the best interest of the ward to appoint both a limited guardian and a
limited conservator.
If the respondent is found disabled in managing his financial resources, but not
partially disabled or disabled in managing his personal affairs, a conservator shall
be appointed.
If the respondent is found disabled in managing both his personal affairs and
financial resources, a guardian shall be appointed, unless the court considers it in
the best interest of the ward to appoint both a limited guardian and a conservator.
The order of appointment of a limited guardian, guardian, limited conservator, or
conservator shall specify:
(a) The type of guardianship or conservatorship to which the ward is subject;
(b) The name and address of the limited guardian, guardian, limited conservator,
or conservator;
(c) The name and address of the standby guardian or conservator, if a standby
guardian or conservator is designated;
(d) The specific legal disabilities to which the respondent is subject, if the
respondent has been determined to be partially disabled;
(e) The corresponding powers and duties of the limited guardian or limited
conservator, if the respondent has been determined to be partially disabled;
and
(f) The duration of the term of guardianship or conservatorship.
A limited guardian or limited conservator shall not be appointed for a term greater
than five (5) years and may be appointed for a lesser period. A guardian or
conservator may be appointed for a period of unlimited duration.
The judgment of partial disability or disability and the order of appointment shall be
filed in the District Court. The judgment shall be indexed by the county clerk in the
book in which notices of actions and encumbrances are indexed. Unless such
judgment is filed and indexed, it shall not constitute notice to any subsequent bona
fide purchaser for value, mortgagee, or encumbrancer.
If the respondent is determined to be disabled or partially disabled but no limited
guardian, guardian, limited conservator, or conservator is appointed at the hearing,
the determination shall have no legal effect.
(10) The rights of which a ward is legally deprived upon a determination of disability in
managing his personal affairs and financial resources include but are not limited to
the right to dispose of property, execute instruments, enter into contractual
relationships, determine his living arrangements, consent to medical procedures,
and obtain a motor vehicle operator's license. A ward shall only be deprived of the
right to vote if the court separately and specifically makes a finding on the record as
established in KRS 387.580(3)(c).
(11) A partially disabled or disabled person for whom a limited guardian, limited
conservator, or conservator has been appointed retains all legal and civil rights
except those which have by court order been designated as legal disabilities or
which have been specifically granted to the limited guardian, limited conservator, or
conservator. A person who is partially disabled may be subject to some but not all
of the disabilities specified in subsection (10) of this section.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 58, sec. 2, effective June 26, 2007. -- Amended
1984 Ky. Acts ch. 206, sec. 1, effective July 13, 1984. -- Created 1982 Ky. Acts
ch. 141, sec. 10, effective July 1, 1982.
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