387.660 Specific powers and duties of guardian.
A guardian of a disabled person shall have the following powers and duties, except as
modified by order of the court:
(1) To take custody of the ward and to establish his place of abode within the state,
except that, if at any time a guardian places a ward in a licensed residential facility
for developmentally disabled persons, the guardian shall, within thirty (30) days of
such placement, file with the court notice of the placement, stating with specificity
the reasons for such placement, and an interdisciplinary evaluation report detailing
the social, psychological, medical or other considerations on which such placement
is predicated, a description of the treatment or habilitation programs which will
benefit the ward as a result of such placement, and a determination that such
placement will provide appropriate treatment in the least restrictive available
treatment and residential program. For purposes of this subsection, the
interdisciplinary evaluation report may be one performed within two (2) months
prior to the placement for purposes of determining whether such placement is
necessary and appropriate, or may be an evaluation and assessment provided by the
residential facility immediately after placement. Notice to the court shall not be
required where the ward is transferred from one licensed residential facility to
another.
(2) To make provision for the ward's care, comfort, and maintenance and arrange for
such educational, social, vocational, and rehabilitation services as are appropriate
and as will assist the ward in the development of maximum self-reliance and
independence.
(3) To give any necessary consent or approval to enable the ward to receive medical or
other professional care, counsel, treatment or service, except that a guardian may
not consent on behalf of a ward to an abortion, sterilization, psychosurgery, removal
of a bodily organ, or amputation of a limb unless the procedure is first approved by
order of the court or is necessary, in an emergency situation, to preserve the life or
prevent serious impairment of the physical health of the ward.
(4) To act with respect to the ward in a manner which limits the deprivation of civil
rights and restricts his personal freedom only to the extent necessary to provide
needed care and services to him.
(5) To expend sums from the financial resources of the ward reasonable and necessary
to carry out the powers and duties assigned to him by the court and, unless a
separate conservator has been appointed, to manage the financial resources of this
ward.
If a separate limited conservator or conservator has been appointed for the ward, the
expenditure of funds by the limited guardian shall be consistent with the duties assigned
to and procedures and policies established by such limited conservator or conservator.
Conflicts arising between a limited guardian and a limited conservator or conservator
regarding the expenditure of funds which are unable to be otherwise resolved shall be
submitted to the court for resolution.
Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 141, sec. 17, effective July 1, 1982.
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