Understanding the Guardianship Process
Under Kentucky law, when an individual is unable to adequately provide for his or her personal needs or manage financial affairs due to a disability, illness, injury, or impairment, and family members or friends are unable to provide sufficient assistance, it may become necessary to seek the appointment of a guardian, conservator, or both through the court system.
Situations that may warrant the filing of a petition include, but are not limited to:
An adult who is unable to safely meet daily needs due to conditions such as dementia, Alzheimer’s disease, severe mental illness, or cognitive decline, including concerns involving unpaid bills, lack of food, poor hygiene, medication noncompliance, or wandering.
Allegations of abuse, neglect, or financial exploitation by a caregiver or other individual.
An adult with an intellectual or developmental disability who requires assistance managing personal or financial affairs.
A traumatic brain injury or serious medical condition that substantially impairs the person’s ability to care for himself or herself.
Repeated involvement or referrals to the Kentucky Cabinet for Health and Family Services Adult Protective Services program.
Standard Guardianship Proceedings
Under Kentucky law, any interested person concerned for the welfare of another individual may file a petition seeking a determination of disability. The person filing the petition is referred to as the “Petitioner,” and the individual who is the subject of the proceedings is referred to as the “Respondent.” The Pulaski County Attorney's Office can assist petitioners with completing the appropriate forms before filing with the court. Once filed, the County Attorney represents the interests of the Commonwealth of Kentucky in the proceedings. A Petitioner may choose to represent himself or herself throughout the proceedings or retain private legal counsel to provide representation and assistance. The Commonwealth does not represent the Petitioner in guardianship or conservatorship proceedings. Rather, the role of the Pulaski County Attorney's Office is to assist in the presentation of evidence and ensure the matter is properly presented to the court in accordance with Kentucky law.
Guardianship and conservatorship petitions may be obtained through the Kentucky Administrative Office of the Courts or from the Pulaski County Circuit Court Clerk located at 50 Public Square, Somerset, Kentucky 42502. For your convenience, copies of the required forms, along with step-by-step sample forms and instructional materials, are also available through the links provided on this page.
After a petition is filed, Kentucky law generally requires that a hearing or trial be held within sixty (60) days. During that time, the Respondent must be evaluated by an interdisciplinary team, which typically includes a physician, psychologist, and social worker. Each evaluator independently assesses the Respondent and submits a written report to the court. The Petitioner is responsible for ensuring the Respondent is available for the required evaluations.
Kentucky law provides the Respondent with important legal rights throughout the process, including the right to counsel, the right to attend the hearing, and the right to request a jury trial. A judge or jury will determine whether the Respondent is partially disabled, fully disabled, or not disabled. If a finding of disability is made, the court will then determine whether the appointment of a guardian, conservator, or both is appropriate, and who should serve in that role. Proceedings involving disability determinations are confidential as provided by Kentucky law.
Emergency Guardianship Proceedings
If there is reason to believe that an individual’s health, safety, welfare, property, or financial resources are in immediate danger, an interested person may file a petition requesting emergency guardianship or conservatorship. Emergency petitions must include specific facts supporting the claim of imminent danger and are often accompanied by medical documentation or a statement from a healthcare provider.
Modification or Termination Proceedings
Under Kentucky law, a guardianship or conservatorship may be modified or terminated when circumstances change and the protected person no longer requires the same level of assistance. A petition may be filed to restore some or all of an individual’s rights if the person’s condition has improved, if a less restrictive alternative is appropriate, or if the guardian or conservator is no longer able to effectively serve in that role. The court may also modify an existing guardianship to better meet the current needs of the individual. In most cases, updated medical or professional evaluations will be required, and the court will review all relevant evidence before making a determination.
If you believe a loved one is unable to manage his or her personal or financial affairs, please review the information and resources available through the links on this page. For additional information or assistance, contact the Pulaski County Attorney's Office at (606) 679-4449.