KYIQ Tutor:
Article DO YOU KNOW WHAT A GUARDIAN IS?
The article below was provided by
the Division of Guardianship within the Cabinet for
Health and Family Services. The KYIQ Group plans to
provide information from different sources whenever
the subject matter may be of help to family members
of nursing home residents. In Kentucky there are
approximately 3000 people who are Wards, and have
had Guardians assigned. Almost 2/3 of that number
live in long term care facilities. A Guardian is
required to visit each Ward a minimum of 4 times
during the year.
Guardianship
In Kentucky, both private and state
guardianship are a legal relationship between a
court-appointed adult who assumes the responsibility
of being guardian for another person called a ward.
A ward is a person who has been declared “legally
disabled” by the court and is no longer able to care
for his or her personal and/or financial needs.
A guardian may be a friend or family
member who is willing to care for the disabled
individual. If there is no one willing to care for
the ward, the court will appoint the Cabinet for
Health and Family Services as the state guardian.
Kentucky’s state guardianship program is
administered by the Division of Guardianship in the
Cabinet for Health and Family Services. There is a
regional guardianship office assigned for all
counties in the state.
The duties of the state guardian
include the following:
• Full Guardian/Full Conservator –
In this category, the Cabinet is responsible for
both the personal and financial needs of the ward.
The court also decides which civil rights the person
can retain and which are given to the guardian.
These may include the right to vote, the right to
drive a car, the right to make medical decisions,
the right to determine where to live, the right to
sell property, and the right to sign legal documents
such as checks, marriage licenses or wills.
• Limited Guardian – A limited guardian may be
appointed if the disabled person is declared
partially disabled and can manage some personal
needs but may need assistance with others.
• Conservator – A conservator may be appointed if
the disabled person only needs help with managing
financial affairs.
• Conservator/Guardian - This category allows for a
combination of a conservator who manages financial
affairs with a guardian who manages personal needs
such as housing and medical and legal needs.
For more information, please call
502-564-6930 and ask for the Field Services Branch
staff or email
virgiel.clayton@ky.gov.
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