Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating the Proceeding – Filing a Petition:
Any interested person may initiate guardianship or conservatorship proceedings by filing a petition for the appointment of a guardian or conservator. The petition must, among other things, give the name, date of birth, and address of the respondent, the nature and degree of respondent's disability, reasons for a guardianship, and an approximate valuation of the respondent's estate. A verified application by the person or institution who will act as the guardian must be attached to this petition.
Notice of Hearing:
Notice of the proceedings must be given at least 14-days before the hearing to the attorneys for both parties, all persons named in the petition, and the person proposed for appointment as guardian or conservator.
Examinations, Evaluations, and Interviews:
Before a hearing, an interdisciplinary evaluation report shall be filed with the court. The report may be filed as a single and joint report of the interdisciplinary evaluation team. The team is made up of professionals with relevant knowledge, skills, and education.
Adjudication and Disposition:
If after a hearing the court or a jury determines the respondent is incapacitated, the judge issues an order appointing a guardian and outlining the scope of the guardian's powers.
Ky. Rev. Stat. Ann. § 387.530 through Ky. Rev. Stat. Ann. § 387.590