2013 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.
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387.590 Types of guardians and conservators to be appointed -- Order of
appointment -- Filing of judgment and order -- Legal disabilities.
(1)
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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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