Kentucky Statutes 387.090 – Removal of guardian, limited guardian or conservator
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(1) The District Court shall remove a guardian, limited guardian, or conservator if:
(a) The guardian, limited guardian, or conservator becomes insane, moves out of the Commonwealth, becomes incapable of discharging the duties of the appointment, or fails for any reason to discharge the duties of the appointment; or
(b) The District Court deems the removal of the guardian, limited guardian, or conservator to be in the best interest of the ward.
(2) The District Court may permit a guardian, limited guardian, or conservator to resign if the guardian, limited guardian, or conservator first files a final settlement and delivers the ward’s estate as directed by the District Court.
(3) When a guardian, limited guardian, or conservator resigns or is removed from office by the District Court, the District Court shall appoint a new person or entity to serve as the ward’s guardian, limited guardian, or conservator.
(4) The District Court may remove a guardian, limited guardian, or conservator for failing to make an account or inventory as required by law, or as may be required by the District Court, or for failing to give additional surety when required.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 487, sec. 14, effective July 13, 1990. — Amended
1986 Ky. Acts ch. 67, sec. 1, effective July 15, 1986. — Amended 1984 Ky. Acts ch.
111, sec. 154, effective July 13, 1984. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2024, 2026.
(a) The guardian, limited guardian, or conservator becomes insane, moves out of the Commonwealth, becomes incapable of discharging the duties of the appointment, or fails for any reason to discharge the duties of the appointment; or
Terms Used In Kentucky Statutes 387.090
- 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.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) The District Court deems the removal of the guardian, limited guardian, or conservator to be in the best interest of the ward.
(2) The District Court may permit a guardian, limited guardian, or conservator to resign if the guardian, limited guardian, or conservator first files a final settlement and delivers the ward’s estate as directed by the District Court.
(3) When a guardian, limited guardian, or conservator resigns or is removed from office by the District Court, the District Court shall appoint a new person or entity to serve as the ward’s guardian, limited guardian, or conservator.
(4) The District Court may remove a guardian, limited guardian, or conservator for failing to make an account or inventory as required by law, or as may be required by the District Court, or for failing to give additional surety when required.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 487, sec. 14, effective July 13, 1990. — Amended
1986 Ky. Acts ch. 67, sec. 1, effective July 15, 1986. — Amended 1984 Ky. Acts ch.
111, sec. 154, effective July 13, 1984. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2024, 2026.