Kentucky Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

How is a guardian or conservator appointed? To start the process of appointing a guardian or conservator, a ?Petition to Determine if Disabled? is filed in court. The person who may need the guardianship is called the Respondent. Take the petition to the district court to file it.

Guardianship versus parental rights 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.

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.

A Guardian will have control over the person and the Conservator will have control over the person's property. A guardian and conservator is usually a family member, a friend of the family or someone who is appointed by the court.

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.

Guardianship Salary in Kentucky. $79,300 is the 25th percentile. Salaries below this are outliers. $135,100 is the 75th percentile.

Compensation payable to guardians or conservators shall not exceed five percent (5%) of the income of the ward during any year, but in no event shall the amount of such compensation be less than fifty dollars ($50) for each year.

(3) A guardian may sell any of the ward's personal property without District Court authorization or confirmation. To sell any of the ward's real property, a guardian shall comply with the provisions of KRS Chapter 389A.

Full Guardian/Full Conservator ?responsible for both the personal and financial affairs of the client. Personal Guardian -responsible for only personal affairs of the client. Conservator ? A conservator may be appointed if the disabled person only needs help with managing financial or fiduciary affairs.

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Kentucky Conservatorship Questionnaire