Kentucky Guardianship Laws: Disability, Jury Trials and Minors (2026)

In Kentucky, guardianship is a District Court proceeding under KRS Chapter 387, with separate rules for minors (KRS 387.010 to 387.280) and for adults who are found "disabled" or "partially disabled" (KRS 387.500 to 387.770). For an adult, a guardian manages personal affairs and a conservator manages financial resources, and the Commonwealth must prove the person's disability or partial disability by clear and convincing evidence, at a hearing that is a jury trial unless every condition for a bench trial is met (KRS 387.510(3), 387.570(5), (7)).

Kentucky's vocabulary differs from many states. It does not ask whether an adult is "incapacitated"; it asks whether the person is "disabled," which the statute calls "a legal disability, not a medical disability," measured by functional inabilities (KRS 387.510(8)). Kentucky also uses "guardian" differently for children: a guardian of a minor has care, custody and control of the child and also manages the child's money, while a "limited guardian" of a minor has care and custody without financial powers (KRS 387.010(3), (4)). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Kentucky state law on guardianship and conservatorship of minors and adults under KRS Chapter 387, the parental power of attorney in KRS 403.352, the caregiver affidavit in KRS 405.024 and the health-care decision-maker statute in KRS 311.631. It does not cover custody disputes between parents (see Kentucky child custody laws), grandparent visitation (see Kentucky grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Kentucky probate), dependency, neglect and abuse cases and foster care, which are a separate track, or involuntary hospitalization and other mental-health holds.

Kentucky guardianship terms and where the law lives

KRS Chapter 387 is titled "Guardians, Conservators, Curators of Convicts." The parts that matter here:

• KRS 387.010 to 387.280: guardians, limited guardians and conservators for minors.
• KRS 387.500 to 387.770: determinations of disability and partial disability for adults, and the guardians and conservators appointed for them.
• KRS 387.810 to 387.854: the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, for cases involving another state.

The District Courts have exclusive jurisdiction over adult disability proceedings, the appointment and removal of guardians and conservators, and the management and settlement of their accounts (KRS 387.520(1)). The minor provisions also run in District Court (KRS 387.020).

The adult test is functional:

"Disabled" means a legal disability, not a medical disability, and is measured by functional inabilities. It refers to any person seventeen (17) years of age or older who is: (a) Unable to make informed decisions with respect to his personal affairs to such an extent that he lacks the capacity to provide for his physical health and safety, including but not limited to health care, food, shelter, clothing, or personal hygiene; or (b) Unable to make informed decisions with respect to his financial resources to such an extent that he lacks the capacity to manage his property effectively by those actions necessary to obtain, administer, and dispose of both real and personal property. Such inability shall be evidenced by acts or occurrences within six (6) months prior to the filing of the petition for guardianship or conservatorship and shall not be evidenced solely by isolated instances of negligence, improvidence, or other behavior

KRS 387.510(8)

"Partially disabled" refers to a person who lacks the capacity to manage some of his personal affairs or financial resources as subsection (8) describes but who cannot be found fully disabled (KRS 387.510(9)).

How to get guardianship of a child in Kentucky

The petition

"Any interested person or entity may petition the District Court for the appointment of a guardian or limited guardian for an unmarried minor" (KRS 387.025(1)). A conservator may be sought for a minor who owns property that needs management or who must settle claims. The petition names the minor, the parents (or next of kin) and the custodian, sets out the facts and reasons supporting the need, and lists the minor's property (KRS 387.025).

The person who wants to be appointed files a verified application stating, among other things, "whether or not the applicant has ever been convicted of a crime" and the applicant's qualifications to serve (KRS 387.025(4)).

Notice

The court sets a hearing, and "notice of the time and place of the hearing shall be given not less than five (5) days prior to the hearing to the minor, if the minor is more than fourteen (14) years of age, and to each of the persons or entities required to be named in the petition" (KRS 387.025(5)). The persons required to be named include the minor's parents or, if none, next of kin, and the custodian.

The standard

The statute's test is the child's best interest:

In appointing a guardian, limited guardian, or conservator, the District Court shall appoint any person or entity whose appointment would be in the best interest of the minor, taking into consideration the ability of the person or entity to manage and preserve the minor's estate, and taking into consideration the person or entity nominated pursuant to KRS 387.040 or 387.050.

KRS 387.032

"Parent" in these sections means a mother or father whose parental rights have not been terminated or suspended by prior court order (KRS 387.010(7)). Disputes about custody between parents, and grandparent visitation, are separate subjects; see our Kentucky child custody laws and Kentucky grandparents' rights pages.

The child's own nomination

"If the minor is fourteen (14) years of age or older, the minor may, in the presence of the District Court, or by a writing signed in the presence of the judge, after privy examination, nominate his own guardian, limited guardian, or conservator" (KRS 387.050). The court takes that nomination into consideration under KRS 387.032.

What a guardian of a child may decide

"A guardian of a ward shall have the powers and responsibilities of a parent regarding the ward's support, care, and education, but a guardian shall not be personally liable for the ward's expenses and shall not be liable to third persons by reason of the relationship for acts of the ward" (KRS 387.065(1)). The guardian must take custody of the ward and establish the ward's place of abode within the Commonwealth (KRS 387.065(2)(a)). Under KRS 387.065(3), a guardian may, among other powers:

• consent to medical or other professional care, treatment or advice for the ward; and
• consent to "the ward's marriage, adoption, or enlistment in military service."

A guardian "shall not provide for the support, care, or education of a ward which a parent of the ward is legally obligated and financially able to provide" (KRS 387.065(6)). A limited guardian of a minor has only the care-and-custody powers in KRS 387.065(1) to (3), not the power to manage the child's finances (KRS 387.135, 387.010(4)).

When the child turns 18

When a ward reaches 18, the guardian, after meeting all claims and expenses of administration, must pay over and distribute all funds and property to the ward as soon as possible, unless the ward has been determined to be disabled or partially disabled under the adult provisions, or the guardian has reason to believe the ward is disabled or partially disabled, "in which event, the guardian shall institute a proceeding for appointment of a guardian, limited guardian, conservator or limited conservator pursuant to KRS 387.500 to 387.770" (KRS 387.065(8)).

Can a parent name a guardian in a will in Kentucky?

Only the last surviving parent may do so by will:

The last surviving parent of a minor may by will nominate a guardian, or alternatively a limited guardian, or conservator, or both, for the minor. One (1) person or entity may be nominated to manage the minor's financial resources and another to have care, custody, and control of the minor.

KRS 387.040

The nomination is not an automatic appointment. The District Court appoints the person whose appointment would be in the minor's best interest, "taking into consideration the person or entity nominated pursuant to KRS 387.040" (KRS 387.032). Venue for the petition may lie where the will of the last surviving parent nominating a guardian was probated (KRS 387.020).

Letting a relative care for a child without going to court

Kentucky has two statutes for this, and neither one makes the caregiver a guardian.

Power of attorney delegating parental rights (KRS 403.352)

A parent or legal guardian of a child, by a properly executed power of attorney, as established in this section and KRS 403.353, may temporarily delegate to another person, named in the instrument as the attorney-in-fact, for a period not to exceed one (1) year any of the traditional parental rights and responsibilities regarding care and custody of the child except the following authorities: (a) Consent for the child to marry; (b) Consent for an abortion or inducement of an abortion to be performed on or for the child; or (c) The termination of parental rights to the child.

KRS 403.352(1)

The statute sets these further limits:

• Court orders control. The delegation does not change or modify any parental or legal rights, obligations or authority established by an existing court order, and it does not deprive the parent or legal custodian of rights regarding the child's custody, visitation or support (KRS 403.352(2)).
• Revocation. The parent or legal custodian may revoke or withdraw the power of attorney at any time, and when it ends for any reason "the child shall be returned to the custody of the parent or legal guardian as soon as reasonably possible" (KRS 403.352(3), (4)).
• Not a foster placement. The attorney-in-fact is not paid, and the arrangement is not an out-of-home or foster placement (KRS 403.352).
• Abandonment. Signing it is not itself evidence of abandonment, abuse or neglect, unless the parent fails to take custody of the child or renew the power of attorney after the one-year period (KRS 403.352).
• Limits on purpose. It may not be used to permanently divest a parent of parental responsibility, or solely to establish residency for school attendance unless the child actually lives with the attorney-in-fact in that school district or otherwise resides there (KRS 403.352(9)).
• Background check for non-relatives. If the attorney-in-fact is anyone other than a grandparent, aunt, uncle or adult sibling of the child, a full criminal history and child abuse and neglect background check must be done before the power of attorney is signed, the results are kept with the instrument, and a child may not be placed with a person whose check shows a criminal history of child abuse and neglect (KRS 403.352(10)).

KRS 403.353 governs the power of attorney's required form.

Caregiver affidavit (KRS 405.024)

A "caregiver" is "an adult person with whom a minor resides, including a grandparent, stepgrandparent, stepparent, aunt, uncle, or any other adult relative of the minor" (KRS 405.024(1)(b)). The caregiver may sign an affidavit, together with the dated signatures of the child's parent, de facto custodian, guardian or legal custodian, or with a statement that they are unavailable and the efforts made to locate them, to authorize the child's health care treatment and to make school-related decisions (KRS 405.024(2)). The limits:

• One year, renewable. The health care authorization portion "shall be valid for one (1) year and may be renewed annually thereafter unless it is revoked by the minor's parent or parents, de facto custodian, guardian, legal custodian, or caregiver, or if the minor no longer resides with the caregiver" (KRS 405.024(3)). The education portion is likewise valid for one year and renewable annually (KRS 405.024(4)).
• Excluded care. The health care authorization does not extend to pregnancy termination or to pregnancy, HIV or controlled-substance testing (KRS 405.024).
• Parents override. "The decision of a caregiver to authorize or refuse health care treatment for a minor shall be superseded by a decision of a parent, de facto custodian, guardian, or legal custodian of the minor" (KRS 405.024(6)).
• No custody. The affidavit does not make the caregiver a de facto custodian or a guardian (KRS 405.024).
• False statements. A person who knowingly makes a false statement in the affidavit "shall be guilty of a Class A misdemeanor" (KRS 405.024(11)).

How to become guardian of an adult in Kentucky

Who may petition and what the petition says

A petition for a determination of partial disability or disability, and for appointment of a limited guardian, guardian, limited conservator or conservator, "may be filed by any interested person or by an individual needing guardianship or conservatorship" (KRS 387.530(1)). Among its required contents are the nature and degree of the alleged disability, the facts and reasons supporting the need for guardianship or conservatorship, and the name and address of anyone the respondent appointed as attorney-in-fact under a durable power of attorney or as health care surrogate under an advance directive. The person seeking appointment files a verified application, and a proposed standby files an application too (KRS 387.530(2)).

Hearing date and notice

If an interdisciplinary evaluation report accompanies the petition, the court sets a hearing within 30 days of filing; if not, within 60 days, and the court may extend the time on either party's motion for cause (KRS 387.550(1)). The clerk gives notice of the hearing "not less than fourteen (14) days prior to the hearing to the attorneys for both parties, all persons named in the petition, and the person proposed for appointment" (KRS 387.550(2)).

A lawyer for the respondent, and the county attorney

"Unless an appearance has been entered on behalf of the respondent, the court shall appoint counsel for the respondent within one (1) week of the filing of a petition for determination of disability" (KRS 387.560(1)). If appointed counsel represents a poor person as defined in KRS 453.190, the county pays the reasonable compensation the court sets, subject to the hourly caps in KRS 387.560(2).

The petitioner does not carry the case alone. "In all proceedings under KRS 387.500 to 387.770, it shall be 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" (KRS 387.560(3)).

The interdisciplinary evaluation

Before the hearing, an interdisciplinary evaluation report is filed. Under KRS 387.540, most recently amended by 2026 Ky. Acts ch. 92 effective October 1, 2026, the report "shall be compiled by at least three (3) individuals," including a physician, an advanced practice registered nurse or a physician assistant; a psychologist licensed or certified under KRS Chapter 319; and a licensed or certified social worker or a Cabinet for Health and Family Services employee with at least one year of investigative experience who has completed training in decisional capacity assessments (KRS 387.540(1)(c)).

The report must address, among other things, whether guardianship or conservatorship is needed, its type and duration, and "a determination whether alternatives to guardianship or conservatorship are available" (KRS 387.540(4)(g)). It must be filed, with copies mailed to the attorneys for both parties, at least 10 days before the hearing; the respondent may file a response no later than 5 days before the hearing and may secure an independent evaluation, which the county may pay for in a reasonable amount if the respondent cannot (KRS 387.540(7), (9), (10)).

The hearing, the burden and the jury

The respondent may present evidence and confront and cross-examine witnesses, may ask that the hearing be closed, and has the right to be present, which is waived only by failing to appear or on the court's finding that attendance would pose a serious risk of harm (KRS 387.570). Two rules set Kentucky apart:

(5) The burden of proof shall be on the Commonwealth to prove the disability or partial disability of the respondent by clear and convincing evidence. (6) The respondent will not be determined partially disabled or disabled unless at least one (1) of the persons who participated in the interdisciplinary evaluation required by KRS 387.540 testifies in person at the hearing.

KRS 387.570(5), (6)

And the hearing is ordinarily a jury trial:

(7) The hearing shall be a jury trial, unless: (a) The respondent if present, counsel for the respondent, and the attorney for the Commonwealth agree to a bench trial; (b) No objection to a bench trial is made by an interested person or entity; and (c) The interdisciplinary evaluation report prepared for the proceeding reflects a unanimous consensus of the persons preparing it that the respondent is disabled or partially disabled, the court has reviewed the report, and the court finds no cause to require a jury trial.

KRS 387.570(7)

All three conditions must be met for a bench trial.

Two decisions: disability, then the kind of guardianship

The jury, or the court in a bench trial, decides separately for personal affairs and for financial resources whether the respondent is disabled, partially disabled or not disabled. If there is a disability finding, the judge, without a jury, then decides the type of fiduciary, the specific legal disabilities, whether the respondent keeps the right to vote, the fiduciary's powers and the duration of the appointment (KRS 387.580).

Partial guardianship is preferred

The chapter's purpose clause says guardianship and conservatorship "shall be ordered only to the extent necessitated by each person's actual mental and adaptive limitations," and:

If the court determines that some form of guardianship or conservatorship is necessary, partial guardianship or partial conservatorship shall be the preferred form of protection and assistance for a disabled person.

KRS 387.500(4)

"A limited guardian or limited conservator shall not be appointed for a term greater than five (5) years and may be appointed for a lesser period. A guardian or conservator may be appointed for a period of unlimited duration" (KRS 387.590(4)).

Voting. "A ward shall only be deprived of the right to vote if the court separately and specifically makes a finding on the record as established in KRS 387.580(3)(c)" (KRS 387.590(7)).

Rights lost on a full finding. A person found disabled in managing both personal affairs and financial resources loses rights that include, but are not limited to, the right to dispose of property, execute instruments, enter into contracts, determine living arrangements, consent to medical procedures and obtain a driver's license (KRS 387.590(7)).

Rights retained. A partially disabled or disabled person for whom a limited guardian, limited conservator or conservator has been appointed "retains all legal and civil rights except those which have by court order been designated as legal disabilities or which have been specifically granted to the limited guardian, limited conservator, or conservator" (KRS 387.590(8)).

Who serves as guardian

"The court may appoint as limited guardian, guardian, limited conservator, or conservator any suitable person or any entity, public or private, capable of conducting an active guardianship or conservatorship program." The court "shall not ordinarily or customarily appoint the Cabinet for Health and Family Services or any other person or entity, public or private, that is directly providing services to the respondent unless no other suitable person or entity is available and willing to be appointed" (KRS 387.600(1)).

Before appointing anyone, the court must make a reasonable effort to question the respondent about whom the respondent prefers and give any preference due consideration. A power of attorney naming an attorney-in-fact or agent is treated as an indication of the respondent's preference, and "the court shall appoint the person or entity best qualified and willing to serve" (KRS 387.600(2)). In weighing candidates, the court gives preference based on kinship, education and business experience, capability with financial affairs and ability to meet the duties (KRS 387.605).

What a Kentucky guardian can decide

Except as modified by court order, a guardian of a disabled person has the powers and duties in KRS 387.660, including:

• Residence. "To establish the ward's place of abode within the state." If the guardian places the ward in a licensed residential facility for developmentally disabled persons, the guardian must, within 30 days, file notice of the placement with the court stating the specific reasons, with an interdisciplinary evaluation report and a determination that the placement provides appropriate treatment in the least restrictive available program (KRS 387.660(1)).
• Medical care, with exceptions. To consent to medical or other professional care, "except that a guardian may not consent on behalf of a ward to an abortion, sterilization, psychosurgery, removal of a bodily organ, or amputation of a limb unless the procedure is first approved by order of the court or is necessary, in an emergency situation, to preserve the life or prevent serious impairment of the physical health of the ward" (KRS 387.660(3)).
• Least restriction. To act in a manner that "limits the deprivation of civil rights and restricts his personal freedom only to the extent necessary to provide needed care and services to him" (KRS 387.660(4)).

A limited guardian has only the powers and duties the court specifically assigns (KRS 387.510(4)).

Annual report. A guardian must file a verified report with the court at least annually, covering the ward's current mental, physical and social condition, every residence during the reporting period, and a recommendation on the need for continued guardianship, among the other items KRS 387.670(1) lists. The court reviews it "and take[s] whatever action it considers necessary to enhance the well-being of the ward" (KRS 387.670(3)).

Conservators: property and money

A conservator or limited conservator is appointed when the respondent is found disabled or partially disabled in managing financial resources (KRS 387.510(8)(b), 387.580). The statute's safeguards:

• Inventory. A verified inventory "within sixty (60) days of appointment" (KRS 387.710(1)).
• Biennial accounts. A verified report and financial account every two years, "within one hundred twenty (120) days after the anniversary date of his appointment" (KRS 387.710(2)(a)). KRS 387.710(2) allows an informal report when the ward has no real property and $2,500 or less.
• Court orders for certain sales. A sale of a ward's real property follows KRS Chapter 389A, and a lease of mineral or oil and gas rights, a sale of timber, or a consolidation agreement on the ward's behalf requires the order of the District Court of the county where the conservator qualified (KRS 387.700(3), (4)).
• Bond. "The court may require a limited conservator or conservator to provide surety on his bond consistent with the provisions of KRS 395.130" (KRS 387.720).
• Compensation caps. A fiduciary's compensation, paid from the ward's resources, may not exceed a commission of 6 percent of income collected plus either an annual 0.3 percent of the fair market value of property in the fiduciary's care or up to 6 percent of the fair market value of principal distributed, as the fiduciary elects (KRS 387.760(2)). The court may allow additional compensation on proof that the fiduciary performed additional and necessary services that were unusual or extraordinary (KRS 387.760(3)).

Emergency appointments in Kentucky

KRS 387.740, amended in 2022 and cited as the Jeff Tyler Act, lets the court act quickly, before or during a proceeding to determine disability or partial disability (or an appeal from one), when there is danger of serious impairment to the respondent's health or safety, or damage to property, if immediate action is not taken; the court may exercise the powers of a limited guardian or limited conservator itself or appoint someone to do so (KRS 387.740(1)). The emergency petition must state, among other things, the date the disability petition was filed (KRS 387.740(2)(i)). The procedure:

• The court must review the petition "without delay and not more than one (1) week after the petition is filed," and within one week of filing must hold a hearing "at which the respondent shall be entitled to counsel" (KRS 387.740(3)(a)).
• Notice of the hearing must be given at least 48 hours in advance to everyone named in the petition, the petitioner and the Commonwealth, unless waived in writing or on the record (KRS 387.740(3)(b)).
• "The burden shall be on the Commonwealth and the petitioner to prove by clear and convincing evidence the need for the emergency appointment" (KRS 387.740(5)).

KRS 387.740 does not set a fixed number of days for an emergency appointment; under KRS 387.740(6), the emergency authority expires upon resolution of the appeal or action.

Standby guardians and successors for adults

At appointment or later, the court may designate another suitable person or entity "to assume the powers and duties assigned to the limited guardian, guardian, limited conservator, or conservator upon his death, resignation, removal, or incapacity" (KRS 387.750(1)). The standby must file an acceptance with the court within 10 days of the predecessor's death, resignation or incapacity, with notice to the ward and the ward's nearest adult relative, and may then exercise all of the predecessor's powers "unless otherwise ordered by the court" (KRS 387.750(2)).

A parent, spouse or child of the ward who serves as the ward's limited guardian, guardian, limited conservator or conservator "may, by will, nominate an individual to succeed in that capacity upon the testator's death," subject to the court's review (KRS 387.730(1)).

An adult of full age and sound mind may also sign a verified petition naming his or her own future guardian or conservator, which the court acts on only when a stated event or health condition occurs. When filed, it must be accompanied by a licensed physician's affidavit that the person is now disabled; the petitioner may revoke it before appointment while of sound mind; and the court must appoint the nominee unless it finds that person unfit or incompetent (KRS 387.330).

How a Kentucky guardianship ends, changes or is renewed

The ward, a fiduciary or any interested person may petition to terminate or modify the order, to remove or replace the fiduciary, or to renew an appointment (KRS 387.620(1)). The ward does not need a formal petition:

A request under subsection (1) of this section, if made by the ward, may be communicated to the court by any means, including, but not limited to, oral communication or informal letter. If such a request is communicated by means other than a petition, the court shall appoint a suitable person who may, but need not be, an employee of the state, county, or court to prepare a written petition to be filed with the court within seven (7) days following the appointment.

KRS 387.620(3)

"Within thirty (30) days after the filing of a petition, the court shall conduct a hearing at which the ward shall be entitled to counsel" (KRS 387.620(4)), and the petitioner may request a jury. "If the original order is dissolved and no further order is issued, the ward shall be relieved of all legal disabilities. The court shall enter an order and judgment restoring to the person all of the rights and privileges of a citizen" (KRS 387.620(7)). KRS 387.620 does not state which party bears the burden on a termination petition.

Renewing a limited term. Before a term expires, the fiduciary may petition under KRS 387.620 to renew the appointment "for a period not to exceed five (5) years," with affidavits from a physician, an advanced practice registered nurse or physician assistant, or a psychologist, or the other professionals KRS 387.610 names. KRS 387.610 was most recently amended by 2026 Ky. Acts ch. 77, effective July 15, 2026.

Alternatives to guardianship in Kentucky

The interdisciplinary evaluation must include "a determination whether alternatives to guardianship or conservatorship are available" (KRS 387.540(4)(g)), and partial guardianship is the preferred form when some protection is needed (KRS 387.500(4)).

Supported decision-making. KRS Chapter 387 contains no supported decision-making agreement provision.

Health care decisions without a guardian. When a physician has determined that an adult patient lacks decisional capacity and the patient has no advance directive covering the decision, KRS 311.631(1) authorizes a "responsible party" to decide, in this order of priority if no one in a prior class is reasonably available, willing and competent: a judicially appointed guardian whose powers include medical decisions; an attorney-in-fact under a durable power of attorney that specifically includes health care authority; the spouse; an adult child, or the majority of adult children reasonably available; the parents; and then the further relatives and others the subsection lists. A psychiatric admission to a general hospital under this route is limited to 14 consecutive days without a court order (KRS 311.631(4)).

Powers of attorney. A durable power of attorney and an advance directive are signed while a person still has capacity; the guardianship petition must name any such attorney-in-fact or surrogate (KRS 387.530(1)(j)), and the court treats a power of attorney as an indication of the respondent's preference for guardian (KRS 387.600(2)). The signing rules are on our Kentucky power of attorney laws page. Free drafting tools are available for a Kentucky power of attorney and a Kentucky advance directive; a tool is not legal advice, and any document must be signed under the Kentucky rules described on the power of attorney page.

Federal benefits. The Social Security Administration decides for itself whether to appoint a representative payee, and a legal guardian is one person it may choose rather than an automatic payee (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Kentucky with a guardianship

Kentucky enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act at KRS 387.810 to 387.854 (KRS 387.810), and the adult venue rules yield to it on questions of jurisdiction between Kentucky and other states (KRS 387.520(4)). "A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (KRS 387.840(1)); notice goes to the persons who would be entitled to notice of a petition for appointment in Kentucky (KRS 387.840(2)), and the court provisionally grants the transfer when it is satisfied the other state will accept the guardianship and makes the findings KRS 387.840(4) requires, including that the person is physically present in, or reasonably expected to move permanently to, the other state. KRS 387.844 provides for registering a guardianship order from another state.

Kentucky guardianship at a glance

Related Kentucky pages

• Guardianship laws by state
• Kentucky power of attorney laws
• Kentucky child custody laws
• Kentucky grandparents' rights
• Kentucky probate

This article provides general legal information about Kentucky guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Kentucky or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

Is there a jury in a Kentucky guardianship case?

Yes, ordinarily. The adult disability hearing is a jury trial unless the respondent (if present), the respondent's counsel and the Commonwealth's attorney agree to a bench trial, no interested person objects, and the evaluation report reflects a unanimous consensus that the respondent is disabled or partially disabled and the court finds no cause to require a jury (KRS 387.570(7)).

Who has to prove disability in a Kentucky guardianship?

The Commonwealth, by clear and convincing evidence (KRS 387.570(5)). The county attorney assists the petitioner and represents the Commonwealth's interest (KRS 387.560(3)), and at least one member of the evaluation team must testify in person (KRS 387.570(6)).

How do I get guardianship of my grandchild in Kentucky?

Any interested person may petition the District Court for a guardian or limited guardian of an unmarried minor (KRS 387.025(1)). Notice goes at least five days before the hearing to the parents and others named in the petition, and to the child if over 14, and the court appoints the person whose appointment would be in the child's best interest (KRS 387.025(5), 387.032).

Can a parent in Kentucky give a relative power of attorney over a child?

Yes. A parent or legal guardian may delegate parental rights and responsibilities regarding care and custody by a properly executed power of attorney for a period not to exceed one year, except consent to marriage, consent to an abortion and termination of parental rights. It does not change an existing court order, and the parent may revoke it at any time. If the attorney-in-fact is anyone other than a grandparent, aunt, uncle or adult sibling of the child, a criminal history and child abuse and neglect background check is required before it is signed (KRS 403.352).

What is a Kentucky caregiver affidavit?

An affidavit under KRS 405.024 that lets an adult the child lives with, such as a grandparent, aunt or uncle, authorize health care and make school decisions. Each part is valid for one year and renewable annually unless revoked or the child stops living with the caregiver, and a parent's, custodian's or guardian's decision overrides the caregiver's (KRS 405.024(3), (4), (6)).

Can a parent name a guardian in a will in Kentucky?

The last surviving parent may nominate a guardian, limited guardian or conservator by will, and may name one person for the child's care and another for finances (KRS 387.040). The court considers the nomination but appoints whoever would serve the child's best interest (KRS 387.032).

Does the adult get a lawyer in a Kentucky guardianship case?

Yes. Unless an attorney has already appeared for the respondent, the court must appoint counsel within one week after the petition is filed (KRS 387.560(1)).

How long does a limited guardianship last in Kentucky?

No more than five years, and the court may set a shorter period (KRS 387.590(4)). Before it expires, the fiduciary may petition to renew it for up to five years with the professional affidavits KRS 387.610 requires.

How can a ward end a guardianship in Kentucky?

The ward may ask the court by any means, including an oral communication or informal letter, and the court must appoint someone to prepare a written petition within seven days (KRS 387.620(3)). The court must hold a hearing within 30 days after the petition is filed, with counsel for the ward (KRS 387.620(4)).