Kentucky Statutes 387.530 – Filing of petition — Contents — Application of person or entity desiring appointment
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(1) A petition for a determination of partial disability or disability and the appointment of a limited guardian, guardian, limited conservator, or conservator may be filed by any interested person or by an individual needing guardianship or conservatorship. The petition shall set forth the following:
(a) The name and address of the respondent;
(b) The date of birth of the respondent, if known;
(c) The nature and degree of the alleged disability of the respondent;
(d) The facts and reasons supporting the need for guardianship or conservatorship;
(e) A description and approximation of the value of the respondent’s financial resources, including government benefits, insurance entitlements, and anticipated yearly income, if known;
(f) The names and addresses of the respondent’s next of kin, if known;
(g) The name and address of the individual or facility, if any, having custody of the respondent;
(h) The name, address and interest of the petitioner;
(i) The name and address of the petitioner’s attorney, if any; and
(j) The name and address of any person or entity appointed by the respondent as respondent’s attorney in fact under a durable power of attorney or as respondent’s surrogate to make health care decisions under an advance directive.
(2) The petition shall be accompanied by a verified application of the person or entity desiring appointment as limited guardian, guardian, limited conservator, or conservator. The application shall state the name, address, and qualifications of the applicant and his relationship to the respondent. If it is proposed that a standby limited guardian, guardian, limited conservator, or conservator be designated, the petition shall also be accompanied by the application of the person or entity desiring to be so designated. Additional petitions may be filed prior to the date of the hearing by other persons desiring appointment.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 185, sec. 29, effective July 14, 2018. — Amended
1998 Ky. Acts ch. 421, sec. 3, effective July 15, 1998. — Created 1982 Ky. Acts ch.
141, sec. 4, effective July 1, 1982.
(a) The name and address of the respondent;
Terms Used In Kentucky Statutes 387.530
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) The date of birth of the respondent, if known;
(c) The nature and degree of the alleged disability of the respondent;
(d) The facts and reasons supporting the need for guardianship or conservatorship;
(e) A description and approximation of the value of the respondent’s financial resources, including government benefits, insurance entitlements, and anticipated yearly income, if known;
(f) The names and addresses of the respondent’s next of kin, if known;
(g) The name and address of the individual or facility, if any, having custody of the respondent;
(h) The name, address and interest of the petitioner;
(i) The name and address of the petitioner’s attorney, if any; and
(j) The name and address of any person or entity appointed by the respondent as respondent’s attorney in fact under a durable power of attorney or as respondent’s surrogate to make health care decisions under an advance directive.
(2) The petition shall be accompanied by a verified application of the person or entity desiring appointment as limited guardian, guardian, limited conservator, or conservator. The application shall state the name, address, and qualifications of the applicant and his relationship to the respondent. If it is proposed that a standby limited guardian, guardian, limited conservator, or conservator be designated, the petition shall also be accompanied by the application of the person or entity desiring to be so designated. Additional petitions may be filed prior to the date of the hearing by other persons desiring appointment.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 185, sec. 29, effective July 14, 2018. — Amended
1998 Ky. Acts ch. 421, sec. 3, effective July 15, 1998. — Created 1982 Ky. Acts ch.
141, sec. 4, effective July 1, 1982.