Guardianship/Conservatorship Petitions
Guardianship/ Conservatorship Petitions
SCOTT COUNTY
Guardianship/Conservatorship Petitions
Guardianship/ Conservatorship Petitions
At times, a person may become “disabled” and unable to manage their personal and/or financial affairs as defined in KRS Chapter 387. A person may be disabled with respect to personal affairs to such an extent that they lack the capacity to provide for their physical health and safety, including but not limited to health care, food, shelter, clothing, or personal hygiene. A person may also be disabled with respect to financial affairs to such an extent that they lack the capacity to manage property effectively by those actions necessary to obtain, administer, and dispose of both real and personal property. In such cases, an interested party may file a petition through the County Attorney’s Office, alleging that the party is disabled. Disability cases are initiated through filing a petition in District Court, which will appoint a Guardian at Litem to represent the Respondent and a three-member Interdisciplinary Team to evaluate the Respondent and file reports with the Court. A trial will then be held, either before the Court or before a jury, to determine whether the Respondent is disabled with respect to personal and financial affairs. If a finding is made that the Respondent is disabled, the Court will appoint a Guardian and/or Conservator for the Respondent as appropriate.
In these proceedings, it is the duty of the County Attorney to assist the petitioner, to represent the interest of the Commonwealth, and to assist the court in its inquiry by the presentation of evidence. If you wish to initiate a guardianship/conservatorship petition against someone, you can contact our office or email Barbara.vanhoose@scottky.gov. Our office will fill out an intake form, which you can link to here. When a petition is filed, it is legally required that the Respondent’s next-of-kin be notified, and you will be required to provide the names and last-known addresses of all next-of-kin to our office. Our office will prepare the petition and court paperwork, which you will need to come in and sign. You will also need to bring a check to our office at the time of filing for $49 payable to the Scott County Clerk.
