Kentucky Statutes 387.185 – Powers of foreign guardian or conservator
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(1) A foreign guardian or conservator of a ward who is not a resident of the Commonwealth of Kentucky may sue for, collect, receive, and remove from the Commonwealth the ward’s personal property located in the Commonwealth, if the District Court of the county having venue pursuant to KRS § 387.020, after notice and hearing determines that:
(a) The foreign guardian or conservator was appointed and qualified according to the law of the state where the ward resides;
(b) The foreign guardian or conservator has given bond in the state where the foreign guardian or conservator qualified with sufficient surety to account for all the ward’s estate, including the property to be removed from Kentucky;
(c) Neither the ward nor any of the ward’s creditors shall be prejudiced by removal of the ward’s property from the Commonwealth.
(2) Notice of the time and place of the hearing shall be given not less than ten (10) days prior to the hearing to the ward’s resident guardian, limited guardian, or conservator, if any, or to the ward’s adult next of kin, if there is no guardian, limited guardian, or conservator in this Commonwealth. 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 13, 1990
History: Created 1990 Ky. Acts ch. 487, sec. 18, effective July 13, 1990.
(a) The foreign guardian or conservator was appointed and qualified according to the law of the state where the ward resides;
Terms Used In Kentucky Statutes 387.185
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. 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.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Venue: The geographical location in which a case is tried.
(b) The foreign guardian or conservator has given bond in the state where the foreign guardian or conservator qualified with sufficient surety to account for all the ward’s estate, including the property to be removed from Kentucky;
(c) Neither the ward nor any of the ward’s creditors shall be prejudiced by removal of the ward’s property from the Commonwealth.
(2) Notice of the time and place of the hearing shall be given not less than ten (10) days prior to the hearing to the ward’s resident guardian, limited guardian, or conservator, if any, or to the ward’s adult next of kin, if there is no guardian, limited guardian, or conservator in this Commonwealth. 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 13, 1990
History: Created 1990 Ky. Acts ch. 487, sec. 18, effective July 13, 1990.