Guardianship and conservatorship proceedings provide help to adults who are unable to care for their personal and financial affairs.

Guardians and conservators may be appointed by a court to help adults in need of protection. There are several levels of guardianship and conservatorship available, and service can be temporary and/or held jointly with another individual.

Guardian: An individual appointed by the Court with decision-making authority and responsibility over a protected person’s personal affairs, such as support, care, health, rehabilitation, and therapeutic treatment.

Limited Guardian: A guardian that possesses fewer than all of the legal powers or duties of a full guardian.The Court will specifically list the required duties.

Conservator: An individual appointed by the Court to manage the property and financial resources of a protected person.

Limited Conservator: An individual appointed by the Court to simply assist in managing the financial resources of a protected person.The Court will specifically list the required duties.

An individual who would like to initiate this process on behalf of a loved one should contact the Boone County Circuit Court Clerk’s Office or the Boone County Attorney’s Office.

For more information about the process in Boone County, please read on.
 

THE PROCESS IN BOONE COUNTY:

1. The Petitioner, the individual who files the petition, files a Petition to Determine if Disabled in the district where the Respondent (the individual in alleged need of a guardian/conservator) lives. The Petitioner may, but is not required to, be represented by an attorney. Along with the petition, the individual who wants to be appointed guardian/conservator must file an Application for Appointment of Fiduciary of Disabled Person.
    
   Petition to Determine if Disabled:
   https://www.kycourts.gov/Legal-Forms/Legal%20Forms/740.pdf
    
   Application for Appointment:
   https://www.kycourts.gov/Legal-Forms/Legal%20Forms/745.pdf
    
2. At the time the petition is filed, an Application for Emergency Appointment may also be filed if there is a danger of serious impairment to the health and safety of the Respondent, or risk of damage to the Respondent’s property prior to the disability trial.

 
Application for Emergency Appointment:
https://www.kycourts.gov/Legal-Forms/Legal%20Forms/747.pdf

 

3. Because the process may ultimately deprive the Respondent of certain rights, the Respondent will be represented by an attorney. If the Respondent can not afford a private attorney, the Court will provide an attorney.

 

4. Evaluations of the Respondent must be completed by a doctor, a psychologist, and a social worker. These are referred to as the “Interdisciplinary Team.” Reports from these professionals must be filed with the court.

 

5. A trial is then held to determine whether the Respondent is disabled, partially disabled, or not disabled. This may be held before a judge or, upon request, a jury. At this hearing, the County Attorney presents evidence to the court and questions a member of the Interdisciplinary Team. The Respondent must be present at the hearing unless the court determines that attendance would subject the Respondent to a serious risk of harm.

   “Disabled” means a legal disability, not a medical disability, and is measured by functional inabilities, per statute.

 

6. If the judge, or jury, determines the Respondent is disabled or partially disabled, the judge will appoint a guardian and/or conservator.

 

7. If a guardian and/or conservator is appointed, the court oversees an inventory and periodic settlements that the guardian/conservator is legally required to file.

 
 

FOR ADDITIONAL RESOURCES:

To find your local Area Agency on Aging:
https://chfs.ky.gov/agencies/dail/Pages/aaail.aspx
 

Guardianship forms:
https://kycourts.gov/Legal-Forms/Pages/default.aspx?
 

Kentucky Guardianship Association:
https://www.kyguardianship.org/
 

Boone County Circuit Court Clerk,
6025 Rogers Lane,
Burlington, KY 41005,
(859) 448-2900.