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387.500 Declaration of legislative purpose.
(1)
(2)
(3)
(4)
It is the intent and purpose of the General Assembly to recognize that disabled
persons have varying degrees of disability.
Persons who are only partially disabled must be legally protected without a
determination of total incompetency and without the attendant deprivation of
civil and legal rights that such a determination requires.
To this end, guardianship and conservatorship for disabled persons shall be
utilized only as is necessary to promote their well-being, including protection
from neglect, exploitation, and abuse; shall be designed to encourage the
development of maximum self-reliance and independence in each person; and
shall be ordered only to the extent necessitated by each person's actual mental
and adaptive limitations.
If the court determines that some form of guardianship or conservatorship is
necessary, partial guardianship or partial conservatorship shall be the preferred
form of protection and assistance for a disabled person.
Effective:July 1, 1982
History: Created 1982 Ky. Acts ch. 141, sec. 1, effective July 1, 1982.
Legislative Research Commission Note. The chairman of the guardianship
subcommittee of the 1980-82 Interim Joint Committee on Judiciary Statutes, in a
letter to the Deputy Director and Reviser of Statutes, dated 2-7-86, has stated
as follows: "As indicated in Senate Bill 35, in Section 1, 'Guardianship and
conservatorship for disabled persons shall be utilized only as is necessary to
promote their well-being, including protection from neglect, exploitation and
abuse.'
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