2014 Kentucky Revised Statutes CHAPTER 387 - GUARDIANS -- CONSERVATORS -- CURATORS OF CONVICTS 387.330 Petition for appointment of guardian or conservator conditioned on a contingency.
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387.330 Petition for appointment of guardian or conservator conditioned on a
contingency.
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(2)
(3)
(4)
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(6)
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Any person of full age and sound mind may execute a verified petition for the
voluntary appointment of a guardian or a conservator of that person's property
upon the express condition that the petition shall be acted upon by the court
only upon the occurrence of an event specified or the existence of a described
condition of the mental or physical health of the petitioner, the occurrence of
which event, or the existence of which condition, shall be established in the
manner directed in the petition. The petition, when filed, shall be accompanied
by an affidavit from a licensed physician indicating that the person who signed
the petition is now disabled as defined in KRS 387.510. The petition shall
advise the proposed ward of a guardian's powers as provided in KRS 387.065
and conservator's powers as provided in KRS 387.137.
The petition may nominate a person for appointment to serve as guardian or
conservator, and may request that the appointment be made without bond, or
with bond of a certain stated sum. The court in appointing the guardian or
conservator shall appoint the individual nominated unless the court finds that
person unfit or incompetent and shall give due regard to the other requests and
recommendations contained in the petition.
The petition may be deposited with the circuit clerk of the county in which the
party resides, or with any person, firm, bank, or trust company selected by the
petitioner.
The petition may be revoked by the petitioner at any time before appointment
of a guardian or conservator by the court, if the petitioner is of sound mind.
Revocation shall be accomplished by the destruction of the petition by the
petitioner, or by the execution of an acknowledged instrument of revocation. If
the petition has been deposited with the clerk, the revocation may be deposited
there.
At any time after the deposit of the petition with the clerk, and before its
revocation, it may be brought on for hearing by the filing of a verified statement
to the effect that the occurrence of the event or the condition provided for in the
petition has come to pass. If the petition has not been deposited with the clerk
under the provisions of subsection (3) of this section, it may be brought on for
hearing at any time by the filing of it and the verified statement with the circuit
clerk of the county in which the person who executed the petition then resides.
At the time the petition is filed, the court, without any notice, may appoint the
guardian or conservator nominated in the petition or may set the petition for
hearing on notice the court may prescribe.
The powers and duties of a guardian or conservator shall be the same as
those of a guardian or conservator appointed in response to any of the other
petitions authorized in this chapter.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 61, sec. 1, effective July 15, 1994.
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