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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
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
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 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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