Kentucky Statutes 387.025 – Application for appointment as guardian, limited guardian, or conservator
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(1) Any interested person or entity may petition the District Court for the appointment of a guardian or limited guardian for an unmarried minor.
(2) Any interested person or entity may petition the District Court for appointment of a conservator for a minor who owns real or personal property, or both, requiring management or protection or who has or may have business interests that may be jeopardized or prevented by minority, or who needs a conservator to settle or compromise claims.
(3) The petition for appointment shall set forth the following: (a) The name and address of the minor;
(b) The date of birth of the minor;
(c) The name and address of the minor’s spouse, if any;
(d) The names and addresses of the minor’s parents, or if the minor has no living parent, the names and addresses of the minor’s adult next of kin;
(e) The name and address of the individual or facility having custody of the minor;
(f) The facts and reasons supporting the need for a guardianship, limited guardianship, or conservatorship for the minor;
(g) A description and approximation of the value of the minor’s real and personal property and other financial resources, including government benefits, insurance entitlements, and anticipated yearly income;
(h) The name and address of the petitioner;
(i) The name and address of the petitioner’s attorney, if any; and
(j) The name and address of the person or entity desiring appointment as guardian, limited guardian, or conservator.
(4) The petition shall be accompanied by a verified application of the person or entity desiring appointment as guardian, limited guardian, or conservator. The application shall set forth the following:
(a) Name, address, and age of the applicant;
(b) The applicant’s relationship to the minor, if any;
(c) Whether or not the applicant has ever been convicted of a crime; and
(d) The applicant’s qualifications to serve as guardian, limited guardian, or conservator.
(5) The District Court shall appoint a time for hearing the petition and application.
Notice of the time and place of the hearing shall be given not less than five (5) days prior to the hearing to the minor, if the minor is more than fourteen (14) years of age, and to each of the persons or entities required to be named in the petition. Proof of notice shall be made in accordance with the provisions of KRS § 395.016. Notice may be waived as provided in KRS § 395.016.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 251, sec. 8, effective July 12, 2006. — Amended
2005 Ky. Acts ch. 85, sec. 695, effective June 20, 2005. — Amended 1990 Ky. Acts ch. 487, sec. 3, effective July 13, 1990. — Amended 1982 Ky. Acts ch. 141, sec. 101, effective July 1, 1982. — Amended 1976 Ky. Acts ch. 218, sec. 41. — Created 1942
Ky. Acts ch. 167, sec. 5.
Note: 1980 Ky. Acts ch. 396, sec. 110 would have amended this section effective
July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch.
141, sec. 146, also effective July 1, 1982.
(2) Any interested person or entity may petition the District Court for appointment of a conservator for a minor who owns real or personal property, or both, requiring management or protection or who has or may have business interests that may be jeopardized or prevented by minority, or who needs a conservator to settle or compromise claims.
Terms Used In Kentucky Statutes 387.025
- 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.
- Personal property: All property that is not real property.
(3) The petition for appointment shall set forth the following: (a) The name and address of the minor;
(b) The date of birth of the minor;
(c) The name and address of the minor’s spouse, if any;
(d) The names and addresses of the minor’s parents, or if the minor has no living parent, the names and addresses of the minor’s adult next of kin;
(e) The name and address of the individual or facility having custody of the minor;
(f) The facts and reasons supporting the need for a guardianship, limited guardianship, or conservatorship for the minor;
(g) A description and approximation of the value of the minor’s real and personal property and other financial resources, including government benefits, insurance entitlements, and anticipated yearly income;
(h) The name and address of the petitioner;
(i) The name and address of the petitioner’s attorney, if any; and
(j) The name and address of the person or entity desiring appointment as guardian, limited guardian, or conservator.
(4) The petition shall be accompanied by a verified application of the person or entity desiring appointment as guardian, limited guardian, or conservator. The application shall set forth the following:
(a) Name, address, and age of the applicant;
(b) The applicant’s relationship to the minor, if any;
(c) Whether or not the applicant has ever been convicted of a crime; and
(d) The applicant’s qualifications to serve as guardian, limited guardian, or conservator.
(5) The District Court shall appoint a time for hearing the petition and application.
Notice of the time and place of the hearing shall be given not less than five (5) days prior to the hearing to the minor, if the minor is more than fourteen (14) years of age, and to each of the persons or entities required to be named in the petition. Proof of notice shall be made in accordance with the provisions of KRS § 395.016. Notice may be waived as provided in KRS § 395.016.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 251, sec. 8, effective July 12, 2006. — Amended
2005 Ky. Acts ch. 85, sec. 695, effective June 20, 2005. — Amended 1990 Ky. Acts ch. 487, sec. 3, effective July 13, 1990. — Amended 1982 Ky. Acts ch. 141, sec. 101, effective July 1, 1982. — Amended 1976 Ky. Acts ch. 218, sec. 41. — Created 1942
Ky. Acts ch. 167, sec. 5.
Note: 1980 Ky. Acts ch. 396, sec. 110 would have amended this section effective
July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch.
141, sec. 146, also effective July 1, 1982.