Guardianship and Conservatorship in Kentucky: Protecting Vulnerable Individuals
What Are Guardianship and Conservatorship?
Guardianship and conservatorship are legal arrangements that allow someone to make decisions on behalf of an individual who is unable to manage their own personal, financial, or healthcare matters due to incapacity, disability, or age. These arrangements are overseen by the court to ensure the rights and best interests of the protected person are upheld.
Key Differences Between Guardianship and Conservatorship
Guardianship: Grants authority to make personal and healthcare decisions for the individual (referred to as the "ward"). This includes decisions about living arrangements, medical care, and daily needs.
Conservatorship: Focuses on managing the ward’s financial affairs, such as paying bills, managing assets, and making investments.
In some cases, one person may serve as both guardian and conservator, or these roles may be assigned to different individuals.
When Are Guardianship or Conservatorship Needed?
Guardianship or conservatorship may be necessary when an individual:
Is a minor and has no capable parent or legal guardian.
Suffers from a mental or physical condition that prevents them from making informed decisions.
Has been diagnosed with dementia, Alzheimer’s disease, or another condition impacting cognitive function.
Is an adult with developmental or intellectual disabilities requiring assistance with personal or financial matters.
The Legal Process for Establishing Guardianship or Conservatorship
Filing a Petition:
The process begins with filing a petition in the probate court of the county where the individual resides. The petitioner must provide evidence of the individual’s incapacity.
Notice and Hearing:
All interested parties, including family members and the proposed ward, are notified of the petition. A hearing is scheduled to review the case.
Court-Appointed Evaluations:
Evaluations are completed to assess the individual’s condition and capacity and reported to the court.
Hearing and Determination:
At the hearing, the court reviews evidence and testimony to determine whether guardianship or conservatorship is necessary. If approved, the court issues an order appointing a guardian or conservator.
Ongoing Court Oversight:
Guardians and conservators are required to submit regular reports to the court, including financial accountings and updates on the ward’s well-being.
How Millard Law Can Help
Navigating the guardianship and conservatorship process requires a deep understanding of Kentucky law and a compassionate approach. Whether you are seeking to establish guardianship or conservatorship, or you need assistance fulfilling your responsibilities as a guardian or conservator, I provide skilled legal guidance tailored to your unique situation.
I serve clients throughout Northern Kentucky, including Boone, Campbell, Kenton, Grant, Carrollton, Owen, and Gallatin counties, ensuring that vulnerable individuals receive the care and protection they deserve.
Contact Millard Law
If you need assistance with guardianship or conservatorship matters, contact Millard Law today for a consultation. I am here to guide you through the process and ensure the best outcome for you and your loved ones.