The Kentucky Autism Training 
Center Presents:
An Overview of Guardianship

Richard N. Bush

Attorney at Law

March 30, 2011


Areas to discuss

I.The Language of Guardianship
II.When is a guardian needed?
III.What is the process?
IV.Guardian’s duties and responsibilities
V.Alternatives to Guardianship
VI.Summary and caution



Language
Statutory creation

KRS chapter 387

KRS 387.510 Definitions


Definitions

Guardianmeans any individual, agency, or 
corporation appointed by the court to have full 
care, custody, and control of a disabled person 
and to manage his financial resources.

Limited guardian means a guardian who 
possesses fewer than all of the legal powers and 
duties of a full guardian, and whose powers and 
duties have been specifically enumerated by 
court order.


Definitions

Disabledmeans a legal, not a medical disability, and is 
measured by functional inabilities. It refers to any 
person 14 or older who is:

.Unable to make informed decisions with respect to his 
personal affairs like physical health and safety, health 
care, food, shelter, clothing, or personal hygiene; or 
.Unable to make informed decisions about his financial 
resources




Such inability must be present within 6 months prior to the filing of 
the petition for guardianship or conservatorship and shall not be 
evidenced solely by isolated instances of negligence, improvidence, 
or other behavior.


Definitions

Respondentmeans an individual alleged 
to be a partially disabled or disabled 
person.

Ward means a person for whom a limited 
guardian, guardian, limited conservator, or 
conservator has been appointed.


When is a Guardian needed?

1.Disabled individual
.Fully disabled
.Partially disabled


2.Evidence of disability
3.Not voluntary situation



What is the process?
PetitionWho files?
Interdisciplinary 
Team

physician, 
psychologist, and 
social worker

Guardian 
ad LitemAttorney, 
impartial; best 
interest 
standard;

Hearing/ Trial 

60 days; only 
decides 
disability;

Statutory KRS 387.520


Duties and Responsibilities 
KRS 387.660

Custody

Education

Vocation

Rehabilitation

Medical or 
other 
professional 
treatment**
•Least restriction 
of freedom
•“In loco parentis”
**Except: abortion, sterilization, 
psychosurgery, removal or bodily 
organ or limb without prior court 
approval;



Duties and Responsibilities

Full vs. Limited

Annual Reports

Annual status report

Biennial financial report


Alternatives to Guardianship

Limited guardian means a guardian who 
possesses fewer than all of the legal powers and duties 
of a full guardian, and whose powers and duties have 
been specifically enumerated by court order.

Power of Attorney

.Voluntary not court appointed




Social Security Payee


Alternatives to Guardianship

Conservatormeans an individual, agency, or 
corporation appointed by the court to manage the 
financial resources of a disabled person.

Limited conservator means an individual, 
agency, or corporation appointed by the court to 
assist in managing the financial resources of a 
partially disabled person and whose powers and 
duties have been specifically enumerated by court 
order.


Distinguish

Emergency Guardianship

Vs.

Guardianship of a minor, (probate)


Caution

Many other provisions

This presentation has been 
highlights only!

caution_sign-782498.png

Summary
Only game in town

Statutes must be followed


Questions?
Richard N. Bush

Attorney at Law

235 South 5thStreet

Fourth Floor

Louisville KY 40202

(502)584-7255

Bushmark4@aol.com


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