Kentucky Statutes 388.230 – Petition for appointment of guardian or conservator — Who to be appointed
Current as of: 2024 | Check for updates
|
Other versions
(1) A petition for the appointment of a guardian or conservator for any minor or mentally disabled beneficiary of the Veterans Affairs may be filed in the court having jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within thirty (30) days after mailing of notice by the Veterans Affairs to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed by or on behalf of any responsible person residing in this state.
(2) The petition for appointment shall set forth the name, age, place of residence of such beneficiary, the name and place of residence of the nearest relative, if known, and the fact that such beneficiary is entitled to receive benefits payable by or through the Veterans Affairs and shall set forth the amount of moneys then due and the amount of probable future payments.
(3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of such beneficiary, and the name, age, relationship, if any, occupation and address of the person proposed for appointment as guardian or conservator. Notwithstanding any provision of existing law as to priority, the court may appoint a capable individual, bank or trust company, as guardian or conservator, if the person entitled to priority fails to apply, or if after hearing the court determines it is for the best interest of such beneficiary to appoint another.
(4) In the case of a mentally disabled beneficiary, the petition shall show that such beneficiary has been rated incompetent by the Veterans Affairs on examination in accordance with the laws and regulations governing the Veterans Affairs.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 42, sec. 24, effective June 29, 2017. — Amended 1982 Ky. Acts ch. 141, sec. 119, effective July 1, 1982. — Created
1942 Ky. Acts ch. 25, sec. 4.
Note. 1980 Ky. Acts ch. 396, sec. 130 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 Acts ch. 396 was repealed by 1982 Ky.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) The petition for appointment shall set forth the name, age, place of residence of such beneficiary, the name and place of residence of the nearest relative, if known, and the fact that such beneficiary is entitled to receive benefits payable by or through the Veterans Affairs and shall set forth the amount of moneys then due and the amount of probable future payments.
Terms Used In Kentucky Statutes 388.230
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- benefits: shall mean all moneys paid or payable by the United
States through the Veterans Affairs. See Kentucky Statutes 388.190 - Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- court: means the District Court of the county of the beneficiary's residence. See Kentucky Statutes 388.190
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a partnership, corporation or an association. See Kentucky Statutes 388.190
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Veterans Affairs: means the United States Department of Veterans
Affairs, its predecessors or successors. See Kentucky Statutes 388.190
(3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of such beneficiary, and the name, age, relationship, if any, occupation and address of the person proposed for appointment as guardian or conservator. Notwithstanding any provision of existing law as to priority, the court may appoint a capable individual, bank or trust company, as guardian or conservator, if the person entitled to priority fails to apply, or if after hearing the court determines it is for the best interest of such beneficiary to appoint another.
(4) In the case of a mentally disabled beneficiary, the petition shall show that such beneficiary has been rated incompetent by the Veterans Affairs on examination in accordance with the laws and regulations governing the Veterans Affairs.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 42, sec. 24, effective June 29, 2017. — Amended 1982 Ky. Acts ch. 141, sec. 119, effective July 1, 1982. — Created
1942 Ky. Acts ch. 25, sec. 4.
Note. 1980 Ky. Acts ch. 396, sec. 130 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.