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387.660 Specific powers and duties of guardian.
A guardian of a disabled person shall have the following powers and duties, except
as modified by order of the court:
(1) To take custody of the ward and to establish his place of abode within the
state, except that, if at any time a guardian places a ward in a licensed
residential facility for developmentally disabled persons, the guardian shall,
within thirty (30) days of such placement, file with the court notice of the
placement, stating with specificity the reasons for such placement, and an
interdisciplinary evaluation report detailing the social, psychological, medical or
other considerations on which such placement is predicated, a description of
the treatment or habilitation programs which will benefit the ward as a result of
such placement, and a determination that such placement will provide
appropriate treatment in the least restrictive available treatment and residential
program. For purposes of this subsection, the interdisciplinary evaluation report
may be one performed within two (2) months prior to the placement for
purposes of determining whether such placement is necessary and
appropriate, or may be an evaluation and assessment provided by the
residential facility immediately after placement. Notice to the court shall not be
required where the ward is transferred from one licensed residential facility to
another.
(2) To make provision for the ward's care, comfort, and maintenance and arrange
for such educational, social, vocational, and rehabilitation services as are
appropriate and as will assist the ward in the development of maximum
self-reliance and independence.
(3) To give any necessary consent or approval to enable the ward to receive
medical or other professional care, counsel, treatment or service, except that a
guardian may not consent on behalf of a ward to an abortion, sterilization,
psychosurgery, removal of a bodily organ, or amputation of a limb unless the
procedure is first approved by order of the court or is necessary, in an
emergency situation, to preserve the life or prevent serious impairment of the
physical health of the ward.
(4) To act with respect to the ward in a manner which limits the deprivation of civil
rights and restricts his personal freedom only to the extent necessary to
provide needed care and services to him.
(5) To expend sums from the financial resources of the ward reasonable and
necessary to carry out the powers and duties assigned to him by the court and,
unless a separate conservator has been appointed, to manage the financial
resources of this ward.
If a separate limited conservator or conservator has been appointed for the ward, the
expenditure of funds by the limited guardian shall be consistent with the duties
assigned to and procedures and policies established by such limited conservator or
conservator. Conflicts arising between a limited guardian and a limited conservator
or conservator regarding the expenditure of funds which are unable to be otherwise
resolved shall be submitted to the court for resolution.
Effective:July 1, 1982
History: Created 1982 Ky. Acts ch. 141, sec. 17, effective July 1, 1982.
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