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387.600 Appointment -- Consideration of preference of respondent.
(1)
(2)
The court may appoint as limited guardian, guardian, limited conservator, or
conservator any suitable person or any entity, public or private, capable of
conducting an active guardianship or conservatorship program. The court shall
not ordinarily or customarily appoint the Cabinet for Health and Family Services
or any other person or entity, public or private, that is directly providing services
to the respondent unless no other suitable person or entity is available and
willing to be appointed. Appointment of the Cabinet for Health and Family
Services shall be consistent with the provisions of KRS 210.290.
Prior to the appointment, the court shall make a reasonable effort to question
the respondent concerning his preference regarding the person or entity to be
appointed limited guardian, guardian, limited conservator, or conservator, and
any preference indicated shall be given due consideration. If the respondent
has designated another as his attorney in fact or agent by executing a power of
attorney in writing, that designation shall be treated as an indication of the
respondent's preference as to the person or entity to be appointed as his
limited guardian, guardian, limited conservator, or conservator, and that
preference shall be given due consideration. The court shall appoint the person
or entity best qualified and willing to serve.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 619, effective June 20, 2005. -Amended 1998 Ky. Acts ch. 426, sec. 575, effective July 15, 1998. -- Amended
1992 Ky. Acts ch. 425, sec. 1, effective July 14, 1992. -- Created 1982 Ky. Acts
ch. 141, sec. 11, effective July 1, 1982.
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