Kentucky Sample Letter regarding Petition to Appoint Guardian and Issue Letters of Guardianship
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How to fill out Sample Letter Regarding Petition To Appoint Guardian And Issue Letters Of Guardianship?
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FAQ
A competent individual may sign a Power of Attorney allowing another adult to handle their affairs while still maintaining their personal rights. A Power of Attorney does not require court involvement. Adults may also designate a health care surrogate prior to incapacitation.
But, in general, the main differences between the two are who can take on each role, that person's main responsibilities and the length of the arrangement. As we've covered, custody is granted to parents or to someone with a parent-like relationship to a child; guardianship is appointed to someone other than a parent.
The person asking for guardianship or conservatorship must first complete a Petition to Determine if disabled form and file it with the court. The form is available from the local District Court. The form can also be found online at: .
A competent individual may sign a Power of Attorney allowing another adult to handle their affairs while still maintaining their personal rights. A Power of Attorney does not require court involvement.
The judge will write a court order appointing a guardian or conservator as indicated by the jury findings and designating those areas in which the individual is authorized to act in behalf of the disabled person. The court order will be filed with the court but must also be indexed in the county clerk's office.
In Kentucky, adult guardianships require court appearances. The process takes approximately sixty (60) days to complete. After the petition is filed, a trial date will be set and an attorney appointed to represent the respondent. The respondent will need to be examined by three (3) professionals.
The fact that the child has a guardian does not mean the parent has no rights. Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.
In Kentucky, guardianship is a legal relationship between a court-appointed adult who assumes the role of guardian for a ward. A ward is a person who has been declared legally disabled by the court and is no longer able to care for his or her personal and/or financial needs.
