Kentucky: Adult Guardianship and Conservatorship Petition Requirements
The short answer
Kentucky uses guardian for personal affairs and conservator for financial resources, with limited and full versions of each. An interested person or the adult may petition, but the Commonwealth must prove partial disability or disability by clear and convincing evidence based on recent functional acts, and a three-person interdisciplinary evaluation report is required before hearing. Counsel is appointed within one week unless an appearance is already entered, the adult may attend and contest the case, and the hearing is a jury trial unless every statutory condition for a bench trial is satisfied.
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This is the general rule in Kentucky. Ezel applies current Kentucky law to your specific facts and answers with citations to the statutes.
| Proceeding and state terminology | KRS 387.500-.770: guardian manages personal affairs; conservator manages financial resources; each may be limited or full, and one petition may request either or both. Partial protection is the preferred form when sufficient (§§ 387.500, .510, .530). |
|---|---|
| Who may file and where | Any interested person/entity or the adult may petition (§ 387.530); 'interested' includes an adult relative or friend, welfare-focused agency representative, or another person the court finds suitable (§ 387.510(12)). District Court has exclusive jurisdiction; file in the county of residence or domicile (§ 387.520). |
| What the petition must contain | Adult's identity and birth date; nature/degree of alleged disability; facts supporting need; financial resources, benefits, insurance and income; next of kin; custodian/facility; petitioner and lawyer; POA attorney-in-fact and advance-directive surrogate. Attach the proposed appointee's verified qualifications/relationship application (§ 387.530). |
| Proof required for appointment | Commonwealth must prove partial disability or disability by clear and convincing evidence (§ 387.570). Functional personal or financial incapacity must be shown by acts/occurrences within 6 months before filing, not isolated negligence or improvidence; partial disability means some but not full incapacity (§ 387.510(8)-(9)). |
| Alternatives the court must address | The evaluation report must determine whether alternatives are available (§ 387.540(4)(g)). Statutory policy limits relief to actual mental/adaptive needs and prefers partial guardianship/conservatorship, but the hearing statute does not prescribe a separate named alternatives finding (§ 387.500). |
| Notice, service, and hearing timing | If the evaluation report accompanies filing, hearing within 30 days; otherwise within 60 days, subject to cause-based extension. Clerk gives at least 14 days' hearing notice to both lawyers, everyone named in the petition, and the proposed appointee (§ 387.550). |
| Counsel and hearing rights | Unless an appearance is entered, court appoints counsel within 1 week (§ 387.560). Adult may attend, present evidence, confront/cross-examine, and request closure; absence only by nonappearance or serious-harm finding. Jury trial is the default; bench trial requires adult/counsel/Commonwealth agreement, no interested-person objection, unanimous report, and court approval (§ 387.570). |
| Medical evidence or court evaluator | Mandatory prehearing interdisciplinary report by at least 3 people: physician/APRN/PA, psychologist, and qualified social worker or trained Cabinet investigator. Report covers function, scope, alternatives, services, living/treatment plan, medication, and attendance risk; delivered to counsel at least 10 days before hearing. Adult may respond 5 days before and obtain an independent evaluation (§ 387.540). |
| Limits on the order | Court separately determines personal and financial disability, type, exact legal disabilities/powers, appointee, and duration (§§ 387.580-.590). Partial ward retains every right not expressly removed; limited terms max 5 years. Emergency limited authority is separate for imminent serious health/safety/property danger, with hearing within 1 week and at least 48 hours' notice (§ 387.740). |
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Requirements one by one
Proceeding and state terminology
Kentucky separates personal and financial authority. Under KRS § 387.510,
a guardian manages personal affairs and a conservator manages financial
resources. Each role has a limited version for partial disability and a full
version for disability. One petition may request a guardian, conservator, or
both under § 387.530.
The statutory policy is tailored protection. Section 387.500 says relief may
extend only as far as the adult's actual mental and adaptive limitations and
that partial guardianship or conservatorship is preferred when some protection
is necessary.
Who may file and where
KRS § 387.530 permits the adult or any interested person to file. Section
387.510(12) defines that group to include an adult relative or friend, an
official or representative of an agency or organization concerned with the
adult's welfare, or another person the court finds suitable.
District Court has exclusive jurisdiction under § 387.520. For a Kentucky
resident, venue lies in the county of residence or domicile, subject to a
good-cause transfer.
What the petition must contain
The petition states the adult's name, address, and known birth date; the nature
and degree of alleged disability; and the facts supporting the requested
guardianship or conservatorship. It describes known financial resources,
government benefits, insurance entitlements, and anticipated yearly income,
and identifies next of kin, the person or facility with custody, the petitioner,
and the petitioner's lawyer.
KRS § 387.530 also requires disclosure of any durable-power-of-attorney agent
and advance-directive health-care surrogate. The proposed guardian or
conservator supplies a separate verified application stating identity,
qualifications, address, and relationship to the adult.
Proof required for appointment
Kentucky expressly treats disability as legal and functional, not merely
medical. Under § 387.510(8), the question is whether the adult cannot make
informed personal decisions sufficiently to protect physical health and safety,
or cannot make informed financial decisions sufficiently to manage property.
The inability must be shown through acts or occurrences within six months
before filing and cannot rest solely on isolated negligence, improvidence, or
other behavior.
Partial disability means incapacity over some personal affairs or financial
resources without meeting the full standard. At hearing, § 387.570(5) places
the clear-and-convincing burden on the Commonwealth.
Alternatives the court must address
The interdisciplinary report must determine whether alternatives to
guardianship or conservatorship are available under § 387.540(4)(g). When
limited relief is recommended, it must identify the rights to restrict and the
matching powers and duties.
Kentucky does not word the hearing statute as a separate, named
less-restrictive-alternative finding. Instead, § 387.500 supplies the controlling
policy: use guardianship or conservatorship only as necessary, promote maximum
self-reliance and independence, tailor the order to actual limitations, and
prefer partial protection when it is sufficient.
Notice, service, and hearing timing
KRS § 387.550 sets two hearing tracks. When the interdisciplinary report
accompanies the petition, the hearing is set within 30 days after filing. When
it does not, the hearing is set within 60 days. Either period may be extended
for cause on a party's motion.
The clerk gives at least 14 days' notice of the time and place to both lawyers,
everyone named in the petition, and the proposed guardian or conservator. The
Chapter 387 hearing-notice section does not state a separate adult-specific
personal-service method.
Counsel and hearing rights
Unless an appearance has already been entered for the adult, § 387.560 requires
the court to appoint counsel within one week after filing. The county attorney
assists the petitioner, represents the Commonwealth's interest, and assists the
court by presenting evidence.
The adult may attend, present evidence, confront witnesses, and cross-examine
them under § 387.570. Attendance may be waived only through failure to appear or
a court finding that attendance creates a serious risk of harm; that finding
cannot be used as proof that guardianship is needed. The court may hold the
hearing at the adult's residence, and the adult or counsel may request closure.
The jury rule is unusual: a jury is the default. A bench trial is available
only when the present adult, adult's counsel, and Commonwealth agree; no
interested person objects; the evaluation team unanimously finds disability or
partial disability; and the court finds no cause to require a jury.
Medical evidence or court evaluator
Before the hearing, current § 387.540 requires an interdisciplinary report from
at least three people: a physician, APRN, or physician assistant; a licensed or
certified psychologist; and a licensed or certified social worker or a trained
Cabinet investigator with at least one year of investigative experience.
The report covers functional conditions, whether and what type of appointment
is needed, proposed duration and limited scope, services already used,
available alternatives, treatment or rehabilitation, living arrangement,
medications, and whether attendance poses serious harm. The report goes to both
lawyers at least ten days before hearing. The adult may respond no later than
five days before hearing and may secure an independent evaluation.
On October 1, 2026, enacted SB 122 changes only the subsection reference used
to identify a qualified mental health professional. The three-person team,
report contents, delivery deadline, and independent-evaluation right remain the
same.
Limits on the order
The court or jury separately decides whether the adult is disabled, partially
disabled, or not disabled in personal affairs and financial resources. If some
disability is found, § 387.580 requires the judge to determine the appointment
type, precise legal disabilities, limited powers and duties, appointee, and
duration.
Under § 387.590, a partially disabled adult retains every legal and civil right
not expressly removed or assigned by court order. Limited appointments last no
more than five years. A full guardian or conservator may receive an unlimited
term.
Emergency authority is separate under § 387.740. It is limited to serious and
imminent health, safety, or property danger; the hearing occurs within one week
with at least 48 hours' notice, the need must be proved clearly and convincingly,
and the authority expires when the underlying action or appeal ends.
What trips people up
A disability finding alone does not transfer power. Section 387.590(6)
says the finding has no legal effect if the court does not appoint a limited or
full guardian or conservator at the hearing.
Common questions
Can a Kentucky court remove the adult's right to vote automatically?
No. KRS § 387.580(3)(c) requires the judge to decide separately whether the
adult retains the right to vote, and § 387.590 requires a specific on-record
finding before that right is removed.
How long can a limited appointment last?
No more than five years under KRS § 387.590(4), although the court may set a
shorter term. A full guardian or conservator may be appointed for an unlimited
duration.
Statutes and sources
- KRS §§ 387.500-.530. Tailoring policy, role definitions, functional
standards, standing, venue, and petition contents.
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36039,
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47468,
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39725, and
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48289 (accessed
2026-07-18). - KRS § 387.540. Current and October 1, 2026 interdisciplinary-report
versions. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55584
and https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58227
(accessed 2026-07-18). - KRS §§ 387.550-.590. Hearing schedule and notice, counsel, evidence,
Commonwealth burden, default jury, findings, order, term, and retained rights.
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36044,
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36045,
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47470,
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47471, and
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47472 (accessed
2026-07-18). - KRS § 387.740. Separate emergency limited appointment.
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52168 (accessed
2026-07-18). - 2026 SB 122 / Acts ch. 92. October 1, 2026 technical cross-reference
change. https://apps.legislature.ky.gov/record/26rs/sb122.html (checked
2026-07-18).
Source links
Every statute quoted above, linked, with the date we checked it.
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