Each state’s laws enumerate certain duties and limitations for guardians and conservators. These laws tend to be lengthy and detailed. For a comprehensive understanding of them, including relevant exceptions and requirements, the statutes themselves should be reviewed. Additionally, state laws must be read in conjunction with the order of appointment of a guardian or conservator by the judge which may further limit the guardian’s powers and responsibilities.
Each state’s laws enumerate certain duties and limitations for guardians and conservators. These laws tend to be lengthy and detailed. For a comprehensive understanding of them, including relevant exceptions and requirements, the statutes themselves should be reviewed. Additionally, state laws must be read in conjunction with the order of appointment of a guardian or conservator by the judge which may further limit the guardian’s powers and responsibilities. | Each state’s laws enumerate certain duties and limitations for guardians and conservators. These laws tend to be lengthy and detailed. For a comprehensive understanding of them, including relevant exceptions and requirements, the statutes themselves should be reviewed. Additionally, state laws must be read in conjunction with the order of appointment of a guardian or conservator by the judge which may further limit the guardian’s powers and responsibilities.
Each state’s laws enumerate certain duties and limitations for guardians and conservators. These laws tend to be lengthy and detailed. For a comprehensive understanding of them, including relevant exceptions and requirements, the statutes themselves should be reviewed. Additionally, state laws must be read in conjunction with the order of appointment of a guardian or conservator by the judge which may further limit the guardian’s powers and responsibilities.
A guardian of a disabled person shall have the following powers and duties, except as modified by order of the court:
- To establish the ward’s place of abode within Kentucky, except that, if at any time a guardian places a ward in a licensed residential facility for developmentally disabled persons, the guardian shall, within 30 days of such placement, file with the court notice of the placement, stating with specificity the reasons for such placement, and an interdisciplinary evaluation report detailing the social, psychological, medical or other considerations on which such placement is predicated, a description of the treatment or habilitation programs which will benefit the ward as a result of such placement, and a determination that such placement will provide appropriate treatment in the least restrictive available treatment and residential program. For purposes of this subsection, the interdisciplinary evaluation report may be one performed within two months prior to the placement for purposes of determining whether such placement is necessary and appropriate, or may be an evaluation and assessment provided by the residential facility immediately after placement. Notice to the court shall not be required where the ward is transferred from one licensed residential facility to another;
- To make provision for the ward’s care, comfort, and maintenance and arrange for such educational, social, vocational, and rehabilitation services as are appropriate and as will assist the ward in the development of maximum self-reliance and independence;
- To give any necessary consent or approval to enable the ward to receive medical or other professional care, counsel, treatment or service, except that a guardian may not consent on behalf of a ward to an abortion, sterilization, psychosurgery, removal of a bodily organ, or amputation of a limb unless the procedure is first approved by order of the court or is necessary, in an emergency situation, to preserve the life or prevent serious impairment of the physical health of the ward;
- To act with respect to the ward in a manner which limits the deprivation of civil rights and restricts his personal freedom only to the extent necessary to provide needed care and services to him; and
- To expend sums from the financial resources of the ward reasonable and necessary to carry out the powers and duties assigned to him by the court.
A conservator shall expend or distribute, or authorize the expenditure or distribution of, or assist in the expenditure or distribution of, the principal or income from the financial resources placed under his supervision and control to assure that:
- The essential requirements for the physical health or safety of the ward are met;
- The rights of the ward are protected;
- The financial resources of the ward which are subject to the conservatorship are prudently managed;
- The ward has the opportunity to develop or regain the capacity to perform functions; and
- The limited guardian or guardian for the ward, if any, is able to carry out the duties and powers assigned to him by the court.
In performing his duties, the limited conservator or conservator must consider:
- The size of the financial resources under the limited conservator’s or conservator’s supervision or control;
- The probable duration of the conservatorship;
- The likelihood that the ward may be able to manage his financial resources in the future;
- The accustomed standard of living of the ward;
- Other funds or resources used for the support of the ward which have not been placed under the control or supervision of the limited conservator or conservator; and
- The requests of the ward and the ward’s limited guardian or guardian, if any.
Ky. Rev. Stat. Ann. § 387.640 through Ky. Rev. Stat. Ann. § 387.710
https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39181
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36007