GUARDIANSHIP OF ADULTS

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Occasionally, adults are unable to manage their personal affairs or  finances. The inability to care for oneself might began at birth with  some form of retardation, or it may happen during the prime of life  through catastrophic illness or injury or it might occur during the  golden years in the form of Alzheimer’s or dementia. Persons with such a  disabilities can often be a danger to themselves by leaving on a  burning stove or wandering away from home. Others can be the targets of  unscrupulous telemarketers or thieves who, if left to their own devices,  would rob the victim of all that they own.

Kentucky law provides that if a person suffers from such a  disability, a petition may be filed in District Court to determine if  the respondent is disabled.

Contact our office for information about the guardianship process and the  duties and responsibilities of a guardian.  This information is also  contained in a packet in our office.  “Disabled” as used in these  proceedings is a legal, not a medical disability, and is measured by  functional inabilities. It refers to a person 14 years of age or older  who is: (a) unable to make informed decisions with respect to their  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 as 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 must be evidenced by acts or  occurrences within six months prior to the date of filing of the  petition and cannot be evidenced solely by isolated instances of  negligence, improvidence or other behavior. Kentucky law requires that a  jury of six persons try disability cases. The trial is a closed  proceeding to respect the privacy of the respondent. The jury can find  the respondent wholly disabled in terms of managing his personal and  financial affairs or partially disabled. Depending on the verdict of the  jury, the court will appoint a guardian (a person who manages all of  the affairs of the disabled person, much like a parent manages the  affairs of their minor children) or conservator (a person who only  manages the finances of the disabled person) to assist the respondent.  The guardian or conservator must periodically report to the court  regarding the well-being of the respondent.

Frequently Asked Questions

If you have a loved one who might be disabled;
Please complete the form below and return to our office,  and you will then be scheduled to meet with an attorney who will discuss the guardianship process.

What do I need to bring with me?
You must know the respondent’s full name, date of birth, social security  number, the names of all siblings and parents, the amount and source of  any income of the respondent as well as a listing of any valuable  personal property owned by the respondent.

Will I have to testify?
A person familiar with the abilities and day to day life of the  respondent will have to testify at trial. Typically, questioning is  non-confrontational.

How long does the process take?
The initial meeting will take about an hour. If a petition is filed, the  respondent will be served with a summons informing them of the action  that has been taken against them. The court will also order that an  interdisciplinary team that consists of the respondent’s treating  physician, a social worker and a psychologist evaluate the respondent.  Each member of the team will file a report with the court regarding his  or her findings and opinions regarding the abilities of the respondent.  After the interdisciplinary team files its report, the case is ready for  trial. The process usually takes 45 to 60 days from the initial meeting  with an attorney to the actual trial and verdict.

* To begin the guardianship process, please fill out the forms below and email to tlhodges@prosecutors.ky.gov or drop them off to Tina at the Hart County Attorney's office during regular business hours.