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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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