Guardianship of a Child or Adult in Kentucky

District Court has exclusive jurisdiction to appoint guardians, limited guardians and conservators for minors, usually in the county where the minor lives. Any interested person or entity may petition for a guardian of an unmarried minor, or a conservator for a minor's property. The petition lists the minor's parents and custodian and the reasons for the guardianship, with a verified application from the proposed guardian (including any criminal convictions). Notice of the hearing goes at least 5 days ahead to listed persons and to the minor if over 14. A minor 14 or older may nominate a guardian, and the court appoints whoever is in the minor's best interest.

District Court decides whether an adult (17 or older for this purpose) is "disabled" or "partially disabled": unable to make informed decisions about personal affairs or finances to the point of lacking capacity to provide for health and safety or manage property. Any interested person, or the person needing help, may petition. An interdisciplinary evaluation is required, the respondent has a right to counsel, and disability must be proved by clear and convincing evidence, by jury unless the conditions for a bench trial are met. The law favors partial (limited) guardianship or conservatorship, ordered only to the extent necessary; limited appointments last up to five years. The petition must disclose anyone serving as the respondent's attorney-in-fact under a durable power of attorney.