Kentucky Statutes 209.115 – Disqualification from serving in fiduciary capacity for felony conviction under KRS Chapter 209
Current as of: 2024 | Check for updates
|
Other versions
(1) Any person convicted of a felony under this chapter shall be disqualified from being appointed or serving as a guardian, limited guardian, conservator, limited conservator, executor, administrator, fiduciary, personal representative, attorney-in- fact, or health care surrogate as to the victim of the offense or the victim’s estate. The sentencing judge shall inform the defendant of the provisions of this section at sentencing.
(2) Any interested person or entity, as that phrase is defined in KRS § 387.510, shall have standing to contest the appointment or continued service of a person subject to the prohibition established in subsection (1) of this section.
(3) Actions of a guardian, limited guardian, conservator, limited conservator, executor, administrator, fiduciary, personal representative, attorney-in-fact, or health care surrogate disqualified from acting in that capacity due to the provisions of subsection (1) of this section shall remain valid as to third parties acting in good faith and without knowledge of the person’s disqualification.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 43, sec. 5, effective June 8, 2011.
(2) Any interested person or entity, as that phrase is defined in KRS § 387.510, shall have standing to contest the appointment or continued service of a person subject to the prohibition established in subsection (1) of this section.
Terms Used In Kentucky Statutes 209.115
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- 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.
(3) Actions of a guardian, limited guardian, conservator, limited conservator, executor, administrator, fiduciary, personal representative, attorney-in-fact, or health care surrogate disqualified from acting in that capacity due to the provisions of subsection (1) of this section shall remain valid as to third parties acting in good faith and without knowledge of the person’s disqualification.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 43, sec. 5, effective June 8, 2011.