A guardianship is an Order from the Court providing the guardian with decision-making authority and responsibility over the protected person’s personal affairs. Limited guardianship gives the guardian decision-making authority and responsibility over only selected areas that the protected person has been determined unable to manage by him/herself; for example, a limited guardianship may only apply to healthcare decisions.
What is a guardianship?
What is a conservatorship?
A conservatorship is similar to guardianship in that it is a legal relationship between a protected person and one or more individuals appointed by the court to make decisions on behalf of the protected person. However, while a guardianship may encompass all personal affairs (support, care, health, rehabilitation, therapeutic treatment, and if not inconsistent with an order of commitment or custody, the residence) of a protected person, a conservatorship is an Order from the Court limited to the management of the property and financial affairs of a protected person. As with guardianship, a conservatorship may be full, limited, temporary, or joint.
Who can be a guardian/conservator?
A family member or other interested individual may petition for the appointment of guardian/conservator for a protected person. However, when a relative or other appropriate person is not qualified or willing to act in this capacity, the Kentucky Cabinet for Health and Family Services may be authorized to act as guardian/conservator for persons under their care.
What are the duties of a guardian/conservator?
- A guardian/conservator must maintain regular and frequent contact with the protected person to become familiar with the protected person’s needs and limitations, and only exercise their decision-making authority to the extent required by those limitations.
- The guardian/conservator must respect the fact that their relationship with the protected person is a confidential one and should encourage the person’s participation in decision-making to the extent possible. Obviously, the guardian/conservator must always act in the best interest of the protected person, and never become involved in a situation that might give the appearance of a conflict of interest.
- Finally, the court does require that the guardian/conservator provide some information to the court, including information pertaining to the protected person’s finances and personal inventory, and an annual personal status report.
How much does it cost to file?
The cost to file for an adult guardianship is $108.50 in Warren County.
What reporting is required for guardian/conservator?
- A guardian must report to the court every year as to the personal status of the ward and, if responsible for the ward’s finances, must make a financial report to the court every two (2) years.
- AOC Form 855 – 60 Day Inventory of Supplemental Inventory
- AOC Form 790 – Annual Report of Guardian
What forms do I need?
The forms mentioned at the top of this page may be required to be filed with the clerk’s office in order to start the guardianship/conservatorship process or maintain an appointment. If you need assistance completing the form, you can contact our office at 270-782-2760.