What Does It Mean To Get A Guardianship Over Someone?

Guardianship is when one person, the guardian, is given control over another person, the ward. Therefore, guardianship is a very serious matter. The guardianship may be a full guardianship or a guardianship over financial matters only, called a conservatorship.

At Kentucky Kentucky ElderLaw, PLLC, we help clients who feel they need to obtain guardianship for a loved one. We also help clients for whom a guardianship has been filed but who wish to protect their autonomy.

What Is The Process Of Guardianship?

  • Anyone can apply to have a guardian appointed over another person. When someone files an application for guardianship, the court will appoint an attorney for the respondent, whose job is to represent the alleged incapacitated person.
  • The court also appoints a physician, a psychologist and a social worker to evaluate the alleged incapacitated person and make recommendations as to whether or not guardianship is needed, and if so, whether it should be a full or partial guardianship.
  • Then, the court holds a trial (jury or judge only) in which an attorney for the state presents the case for a guardianship. The alleged incapacitated person is present at the trial, unless it would be injurious to their health.
  • If it is decided that a guardianship is needed, the court then hears testimony as to who should be the guardian. Often it is a family member, but if the court does not feel that a family member is appropriate, the court appoints an outside agency.
    The guardian needs to make yearly reports to the court to account for every cent that ward has received and every cent of the ward’s money that has been spent.
  • The guardian also reports to the court on the well-being of the ward.

Learn About Obtaining Or Preventing A Guardianship

We are here to help. If you have questions or would like to schedule a free consultation, please call our Louisville office at 502-581-1111, our Bowling Green office at 270-467-0002 or our Shepherdsville office at 502-955-1005. You can also send our office an email.

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