Guardianship

Whether it is the result of a medical condition, an accident or just the passage years, you may have a loved one that is unable to manage his or her personal or financial affairs. In that event, the County Attorney’s Office will assist you in your efforts to determine if your loved one is in need of a guardian or conservator. The Office will assist you in filing a petition for determination of disability. After the petition is filed, an interdisciplinary team will be appointed by the district judge. That team will then interview and examine your loved one. That team consists of a physician, a psychologist, and a social worker. At the conclusion of the examination the team will file a report with the court. If the team recommends the appointment of a guardian the matter is scheduled for a hearing. Under Kentucky law, a hearing must be conducted in front of a jury. Our office will subpoena the necessary witnesses to the hearing and present the evidence to the jury. If the jury finds the person is disabled, the judge will then decide who should be appointed as guardian or conservator. Due to the very personal nature of the guardianship process, all guardianship hearings are conducted in confidential proceedings that are closed to the general public.