2011 Kentucky Revised Statutes CHAPTER 388 UNIFORM VETERANS' GUARDIANSHIP ACT 388.230 Petition for appointment of guardian or conservator -- Who to be appointed.
KY Rev Stat § 388.230 (1996 through Reg Sess) What's This?
388.230 Petition for appointment of guardian or conservator -- Who to be
appointed.
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A petition for the appointment of a guardian or conservator for any minor or
mentally disabled beneficiary of the Veterans Administration may be filed in the
court having jurisdiction by or on behalf of any person who under existing law is
entitled to priority of appointment. If there be no person so entitled or if the person
so entitled shall neglect or refuse to file such a petition within thirty (30) days after
mailing of notice by the Veterans Administration to the last known address of such
person indicating the necessity for the same, a petition for such appointment may be
filed by or on behalf of any responsible person residing in this state.
The petition for appointment shall set forth the name, age, place of residence of
such beneficiary, the name and place of residence of the nearest relative, if known,
and the fact that such beneficiary is entitled to receive benefits payable by or
through the Veterans Administration and shall set forth the amount of moneys then
due and the amount of probable future payments.
The petition shall also set forth the name and address of the person or institution, if
any, having actual custody of such beneficiary, and the name, age, relationship, if
any, occupation and address of the person proposed for appointment as guardian or
conservator. Notwithstanding any provision of existing law as to priority, the court
may appoint a capable individual, bank or trust company, as guardian or
conservator, if the person entitled to priority fails to apply, or if after hearing the
court determines it is for the best interest of such beneficiary to appoint another.
In the case of a mentally disabled beneficiary, the petition shall show that such
beneficiary has been rated incompetent by the Veterans Administration on
examination in accordance with the laws and regulations governing the Veterans
Administration.
Effective: July 1, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 119, effective July 1, 1982. -- Created
1942 Ky. Acts ch. 25, sec. 4.
Note. 1980 Ky. Acts ch. 396, sec. 130 would have amended this section effective July 1,
1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141,
sec. 146, also effective July 1, 1982.
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