Law & Legal & Attorney Family Law

How to File Papers for State Guardianship in Kentucky

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      Family members often apply to be guardians for children whose parents can't care for them.Child image by Serenitie from Fotolia.com

      File a “Petition for Guardianship of a Minor Child" as well as an application to the district court of the county that the child lives in. Normally, a family member applies for guardianship when the parents can no longer care for the child or have abused or neglected the child. If there is no family member available, the state of Kentucky will appoint a guardian to make unbiased decisions concerning the child’s needs. There will be an evaluation and a court hearing to decide what will be in the best interest of the child. Children 14 or older may nominate their own guardians.

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      Sometimes an elderly person needs a guardian.elderly woman image by Anna Chelnokova from Fotolia.com

      To seek guardianship of an elderly person, file the “Petition for Guardianship” form with the district court in the person's county of residence. You must provide documented proof that the elder can no longer make sound decisions. This proof can take the form of doctors' recommendations or testimony by the elderly person herself. An adult who is the subject of a guardianship petition must be represented by an attorney. An evaluation is performed and a hearing held. The judge may grant the petitioner either full guardianship, medical guardianship or financial guardianship.

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      Disabled adults sometimes need a guardian to make decisions for them.disabled retrieval arm. image by mdb from Fotolia.com

      File a “Petition for Guardianship” form for a disabled adult at any point after he turns 18. File a “Petition to Determine if Disabled” form with the guardianship petition in the district court of the disabled adult's home county. A guardianship may be sought on these grounds when the adult appears not of sound mind and cannot take care of himself without the assistance of others. The guardian helps this individual with financial, medical and legal decisions and has the final say on anything that the disabled adult does. Judges may grant partial guardianship, depending on how disabled the adult appears. If the adult appears capable, he may assist in the choice of a guardian. If no family members are available, the judge will appoint a state guardian.

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