In Kentucky, guardianship is a legal relationship where a court-appointed adult becomes a guardian for a ward. A ward is a person declared legally disabled by the court and unable to manage personal or financial needs. A guardian can be a friend or family member willing to care for the disabled individual. If no one is available to help, the court will appoint the Cabinet for Health and Family Services as the state guardian.

If the petition is approved, the petitioner will get an attorney to represent them, called a Guardian Ad Litem. Petitioners can hire their own attorney if they want, but it is not required.

The trial must be set within 60 days. During this time, a three-member team made up of a doctor, psychiatrist, and social worker will be chosen to assess the Respondent. The team will review the Respondent's condition and report to the court. The Petitioner may need to help organize the team and schedule the assessments. The team's report must be completed before a hearing can take place.

The petitioner must make sure the respondent is available for evaluation by the team.

The petitioner must also make sure the respondent is at the hearing.

The doctor on the team may decide that going to the hearing could put the respondent in serious danger and allow them to skip the hearing.

The chosen guardian must be insured or bonded for the value of the respondent's assets. A list of bonding companies is provided in the petition paperwork. Petitioners should reach out to insurers for information before the trial.

If all three evaluators agree that the person needs a guardian, a jury trial for the guardianship order is not needed.

Guardianship may need a jury trial if the doctor, psychiatrist, and social worker disagree. The process is private and only involves the petitioner and any friends or family the Respondent wants there. Petitioners and at least one member of the team will probably need to testify.

A hearing with a judge and sometimes jury is required before appointing a guardian. If a jury is needed, the jury determines if there is clear and convincing evidence to appoint a guardian for the Respondent. The judge then chooses the guardian and defines their powers. In choosing a guardian, the court looks at the person's relationship with the Respondent, their financial and business skills, education, and ability to handle the responsibilities. The judge aims to select the most qualified individual for the role.

If a jury is necessary, juries can make decisions about money and personal matters for the Respondent. For each issue, they will decide if there is “No Disability,” “Partial Disability,” or “Full Disability.”

After the filing fee, total costs, including team fees, usually range from $500 to $1500. The fees are paid by county funds or the ward’s funds, depending on the ward's finances. The Judge decides this after the appointment of a guardian.

A guardian may be needed when someone cannot make decisions to protect their health, safety, or well-being. This inability can be due to age, illness (mental or physical), or never having the ability to care for themselves. Spending money poorly usually does not require a guardian. If a person cannot understand their income or financial responsibilities, a guardian may be appropriate.

Any adult may request the appointment of a guardian for another individual. While family members typically make such requests, any interested person is eligible to seek guardianship.

To become a child's guardian, a person must file a Petition and Application with the district court in the child's county. The court will hold a hearing to evaluate the child's best interests before appointing a guardian. If the child is 14 or older, they may be able to choose their own guardian.

Proving that someone should not make their own decisions can be difficult and uncomfortable. The person in question must undergo three evaluations, and the petitioner must bring them to court. They will go through a jury trial about their ability to make personal and financial decisions. The petitioner may need to testify about why they believe the person cannot make informed choices.

Within 60 days of the appointment, the person managing the ward’s finances must file a list of the ward's assets with the court. Within 16 months, the guardian or conservator must also submit a financial report detailing the ward’s income and expenses. Unless directed otherwise by the court, this report is required every year after that. If the guardian handles the ward’s personal matters, they must file a report within 12 months about the ward’s living situation, participation in activities, and the need for guardianship. A final report must be filed within 60 days when the guardian is removed, the partial guardianship is not renewed, or the ward dies.