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Guardianship
What is a guardianship?
A guardianship is a court created protective proceeding which appoints a person, called a guardian, to act on behalf of an individual who is unable to make decisions regarding his or her health, living arrangements, finances and life in general. The individual may be a child or an adult. A guardian can be a friend, relative, professional, organization or state run agency/
What does the guardian do?
A guardian makes all legal decisions for the incapacitated person, who is legally called a ward. A guardian must pay the bills, manage the person's property, decide where the person lives and make all medical decisions. A guardian can also decide whom the ward associates with and how the ward can spend their money. That is why it is important that the guardian is trustworthy and always considers the ward's best interests.What is the legal authority of a court appointed guardian?
Generally and unless limited by the court, in Kentucky a guardian has the following powers and duties:
- A guardian of a ward shall have the powers and responsibilities of a parent with regard to the ward's support, care, and education.
- A guardian shall take custody of the ward and establish the ward's place of residence.
- A guardian shall take reasonable care of the ward's personal effects.
- A guardian may receive money payable for the support of the ward to the ward's parent, guardian, or custodian.
- A guardian may consent to medical or other professional care, treatment, or advice for the ward.
- A guardian may consent to the ward's marriage, adoption, or enlistment in military services.
- A guardian may extend funds of the ward's estate for the support of persons legally dependent on the wards
- A guardian shall not provide for the support, care, or education of a ward which a parent of the ward is legally obligated and financially able to provide.
- Subject to limitations, when a ward attains age eighteen (18), the guardian shall pay over and distribute all funds and properties to the ward as soon as possible.
- A guardian shall not be personally liable for the ward's expenses and shall not be liable to third persons by reason of the relationship for acts of the ward.