Kentucky Guardianship Law
Guide to Kentucky Guardianship Law
There are several different types of people who need a guardian appointed to them according to KY guardianship law. If you are considering becoming a guardian under Kentucky guardianship law, you need to understand what the law says and what your responsibilities will be. This guide will teach you some of the basics of KY guardianship law, including who may need a guardian and what types of guardianship are available. If you want to learn more about Kentucky guardianship law, you may want to talk to a local attorney who has experience representing potential guardians.
Guardianship of Minors
For most children in the state of Kentucky, a parent serves as legal guardian and no court proceedings are necessary to recognize the relationship between parent and child. However, if a parent is unable to care for a child due to death, incarceration, or physical or mental incapacity, KY guardianship law requires that an appropriate guardian be found. A parent may be able to designate this guardian according to Kentucky guardianship law if the parent is capable of making a reasonable choice. A child may also nominate someone to be his or her guardian if the child is 14 years of age or older and capable of making a reasonable nomination.
Guardianship of the Disabled
Disabled people are also sometimes eligible for guardians under KY guardianship law. If a disabled person is unable to care for themselves and requires someone else to make some or all of their decisions in order to be safe and healthy, Kentucky guardianship law allows the court to appoint a guardian. This is typically used as a last resort for the disabled.
Types of Guardianship
Several types of guardianship have been established by KY guardianship law. Guardianship of the person is the most expansive guardian relationship allowed by Kentucky guardianship law, and is the kind of guardianship typically assigned when children or very severely disabled people require a guardian. KY guardianship law allows a guardian of the person to make all of the day to day decisions for the child or disabled person.
In other cases, a disabled person may be able to make some personal care decisions, but may no longer be able to manage money or finances. In these situations, which are common with elderly people with dementia or other progressive illnesses, Kentucky guardianship law allows a guardian of the estate to be appointed. A guardian of the estate, according to KY guardianship law, can make decisions relating to paying bills and managing money for the disabled person.
In some cases, the legal guardian or parent of a child, or the legal guardian of a disabled adult, may wish to appoint a standby guardian. Kentucky guardianship law allows standby guardianship so that if a parent or guardian becomes unavailable to care for a dependent, the transition to the standby guardian will be easy and free from legal hassles. In some cases, KY guardianship law even allows parents to choose different standby guardians depending on what event triggered guardianship.