Kentucky Adult Guardianship / Conservatorship Petition Packet

Kentucky Adult Guardianship / Conservatorship Petition Packet

IMPORTANT KENTUCKY-SPECIFIC NOTICE — STATUTORY JURY TRIAL RIGHT

Under KRS § 387.570(7), the disability hearing is a jury trial unless all three statutory bench-trial conditions are met: (1) the present respondent, respondent's counsel, and the Commonwealth's attorney agree to a bench trial; (2) no interested person or entity objects; and (3) the interdisciplinary report is unanimous and, after review, the court finds no cause to require a jury. A District Court jury consists of six persons under KRS § 29A.280.

Part 1 — Pre-Petition Checklist

Part 2 — Verified Petition for Determination of Disability and Appointment of Guardian / Conservator

(KRS § 387.530)

Caption

COMMONWEALTH OF KENTUCKY
[__________________] DISTRICT COURT
CASE NO.: [__________________]

PETITION FOR DETERMINATION OF DISABILITY OR PARTIAL DISABILITY AND APPOINTMENT OF GUARDIAN / CONSERVATOR (AOC-740)

Comes the Petitioner, [PETITIONER FULL NAME], by counsel, and pursuant to KRS § 387.530, states as follows:

1. Petitioner. Petitioner is [______________________________], residing at [__________________________________________], whose relationship to Respondent is [______________________________].

2. Respondent. Respondent is [RESPONDENT FULL NAME], born [__/__/____], currently residing at [__________________________________________], in [__________________] County, Kentucky.

3. Jurisdiction & Venue. Venue is proper under KRS § 387.520 because Respondent resides in [__________________] County, Kentucky. This Court has exclusive jurisdiction.

4. Nature and Degree of Alleged Disability.
The facts and reasons supporting the need for a guardian / conservator are: [____________________________________________________________].

The acts or occurrences evidencing disability occurred within the past six (6) months and are not isolated instances of negligence or improvidence. KRS § 387.510(8).

5. Less Restrictive Alternatives Considered. Petitioner has considered and exhausted the following less restrictive alternatives, and they are inadequate because: [____________________________________________________________].

6. Relief Requested. Petitioner requests the Court appoint a:

☐ Guardian (full)
☐ Limited Guardian (specify powers in attached schedule)
☐ Conservator (full)
☐ Limited Conservator (specify powers in attached schedule)
☐ Both Guardian and Conservator

7. Proposed Fiduciary. [PROPOSED FIDUCIARY NAME], residing at [______________________________], whose verified application (AOC-745) is filed contemporaneously. Proposed fiduciary is qualified under KRS § 387.605.

8. Respondent's Family / Interested Persons. (KRS § 387.530, as amended by HB 238, requires names and addresses of parents, stepparents, adoptive parents.)

9. Pending Actions / Custodial Orders.

10. Existing Powers of Attorney / Advance Directives.

☐ None known
☐ Power of Attorney to [_______________] dated [__/__/____]
☐ Healthcare Surrogate / Advance Directive to [_______________] dated [__/__/____]

11. Respondent's Estate / Income. Approximate value of estate: $[_______________]. Sources of income: [______________________________].

12. Educational, Medical, Social Background. [____________________________________________________________].

13. Property Located in Kentucky. [______________________________].

WHEREFORE, Petitioner requests this Court:

(a) Set the matter for hearing pursuant to KRS § 387.550;
(b) Appoint counsel for Respondent pursuant to KRS § 387.560;
(c) Appoint a guardian ad litem pursuant to KRS § 387.535 if appropriate;
(d) Order an Interdisciplinary Evaluation Report pursuant to KRS § 387.540;
(e) Empanel a six-person District Court jury under KRS §§ 387.570(7) and 29A.280 unless every statutory bench-trial condition is met;
(f) Adjudge Respondent partially disabled or disabled and appoint the proposed fiduciary;
(g) Grant such other relief as is just.

VERIFICATION

I, [PETITIONER], declare under penalty of perjury under the laws of the Commonwealth of Kentucky that I have read the foregoing Petition and that the statements contained therein are true and correct to the best of my knowledge.

Executed on [__/__/____] at [_______________], Kentucky.

___________________________________
[PETITIONER SIGNATURE]

Counsel for Petitioner:
___________________________________
[ATTORNEY NAME], KBA No. [_______]
[FIRM] · [ADDRESS] · [PHONE] · [EMAIL]

Part 3 — Notice to Respondent (Allegedly Disabled Person)

(KRS § 387.550)

TO: [RESPONDENT FULL NAME]

You are notified that a Petition has been filed in [_______________] District Court, Case No. [_______________], requesting that you be adjudged partially disabled or disabled and that a guardian and/or conservator be appointed for you.

A hearing has been set for [__/__/____] at [__:__] [AM/PM] at [______________________________].

YOUR RIGHTS:

• ☐ Right to be represented by an attorney. If you cannot afford one, the Court will appoint one for you (KRS § 387.560).
• ☐ Right to attend the hearing in person.
• ☐ Right to a jury trial on the question of disability (KRS § 387.570(7)); a District Court jury has six members (KRS § 29A.280). A bench trial requires agreement by the present respondent, respondent's counsel, and the Commonwealth's attorney; no objection by an interested person or entity; and the unanimous-report and court findings required by § 387.570(7)(c).
• ☐ Right to present evidence and cross-examine witnesses.
• ☐ Right to compel attendance of witnesses.
• ☐ Right to have an Interdisciplinary Evaluation Report prepared by a physician, psychologist, and social worker (KRS § 387.540).
• ☐ Right to remain silent.
• ☐ Right to petition for modification or termination of any guardianship/conservatorship subsequently entered.

If the Court finds you partially disabled or disabled, you may lose the right to make certain personal, medical, financial, voting, contracting, and/or residential decisions.

Dated: [__/__/____]

___________________________________
Clerk / Petitioner's Counsel

Part 4 — Notice to Interested Parties

(KRS § 387.550)

Notice is given to the following persons of the Petition and Hearing date listed above:

Certificate of Service — I certify that on [__/__/____], a true copy of the Petition, Notice, and supporting documents was served on each of the above by the method indicated.

___________________________________
[Affiant]

Part 5 — Interdisciplinary Evaluation Report

(KRS § 387.540 — Required interdisciplinary report. AOC-748 is not this report; it is the Order for Emergency Appointment of Fiduciary. AOC-750 is the court's Order for Examination.)

Respondent: [_______________] · DOB: [__/__/____] · Case No.: [_______________]

A. Medical Professional's Component

I, [_______________], [PHYSICIAN / APRN / PHYSICIAN ASSISTANT], License No. [_______], examined Respondent on [__/__/____].

Signature: ___________________________________ Date: [__/__/____]

B. Psychologist's Component

I, [_______________], Ph.D./Psy.D., Lic. No. [_______], examined Respondent on [__/__/____].

Signature: ___________________________________ Date: [__/__/____]

C. Social Worker's Component

I, [_______________], LCSW / CSW, Lic. No. [_______], evaluated Respondent on [__/__/____].

Signature: ___________________________________ Date: [__/__/____]

Part 6 — Guardian ad Litem and Counsel Appointment

Order Appointing Counsel for Respondent (KRS § 387.560)

The Court, having reviewed the Petition, hereby APPOINTS [______________________________], a member of the Kentucky Bar, as counsel for the Respondent. Counsel shall meet with Respondent prior to hearing, advise Respondent of the jury-trial rule and bench-trial conditions in KRS § 387.570(7) and the six-member District Court jury rule in KRS § 29A.280, and zealously represent Respondent's wishes.

___________________________________
DISTRICT JUDGE · Date: [__/__/____]

Order Appointing Guardian ad Litem (KRS § 387.535) — if separate from counsel

The Court APPOINTS [______________________________] as Guardian ad Litem for Respondent to investigate and report on Respondent's best interests.

___________________________________
DISTRICT JUDGE · Date: [__/__/____]

Part 7 — Less Restrictive Alternative Analysis

(Required by KRS § 387.500 — least-restrictive principle)

Petitioner's Determination: A ☐ full ☐ limited guardianship/conservatorship is the least restrictive alternative because: [____________________________________________________________].

Part 8 — Bond (Conservator)

(KRS § 387.070 / § 387.590)

If a conservator is appointed, the Court shall require bond in an amount not less than the aggregate value of personal property + one year of estimated income, with corporate surety unless waived.

Part 9 — Notice of Hearing

COMMONWEALTH OF KENTUCKY · [_______________] DISTRICT COURT · CASE NO. [_______________]

TAKE NOTICE that the Petition filed in this matter will be heard on [__/__/____] at [__:__] [AM/PM] at the [_______________] County Courthouse, [______________________________].

☐ Six-person jury trial under KRS §§ 387.570(7) and 29A.280. OR ☐ Bench trial after every condition in KRS § 387.570(7)(a)-(c) has been satisfied.

Dated: [__/__/____]

___________________________________
Clerk of the District Court

Part 10 — Findings, Judgment, and Order

(KRS § 387.580, § 387.590)

After hearing on [__/__/____], the Court (☐ six-person jury empaneled / ☐ all KRS § 387.570(7) bench-trial conditions satisfied) FINDS by clear and convincing evidence:

1. The Court has jurisdiction and venue is proper.
2. Notice was properly given to Respondent and all interested persons.
3. Respondent was represented by counsel (or knowingly waived counsel).
4. The Interdisciplinary Evaluation Report has been received.
5. The jury (or Court) found Respondent to be: ☐ Wholly disabled ☐ Partially disabled (specify domains) ☐ Not disabled.
6. Less restrictive alternatives are inadequate.
7. The proposed fiduciary is qualified under KRS § 387.605.

IT IS ORDERED:

• ☐ [PROPOSED FIDUCIARY] is APPOINTED Guardian / Limited Guardian / Conservator / Limited Conservator of Respondent.
• ☐ Powers granted: [______________________________].
• ☐ Powers/rights specifically retained by Respondent: [______________________________].
• ☐ Bond in the amount of $[__________] is required and shall be filed before Letters issue.
• ☐ The Court informs Respondent of the right to petition for modification or termination under KRS § 387.620.
• ☐ The Court informs the guardian/conservator of any pending civil or criminal action or custodial order.
• ☐ Letters of Guardianship / Conservatorship shall issue upon qualification.

___________________________________
DISTRICT JUDGE · Date: [__/__/____]

Part 11 — Letters of Guardianship / Conservatorship (AOC-775)

COMMONWEALTH OF KENTUCKY · [_______________] DISTRICT COURT

These LETTERS certify that [FIDUCIARY NAME] has been duly appointed and qualified as ☐ Guardian ☐ Limited Guardian ☐ Conservator ☐ Limited Conservator of [WARD NAME] by Order entered [__/__/____] in Case No. [_______________], with the powers set forth in said Order.

Issued: [__/__/____]

___________________________________
Clerk of the District Court

Part 12 — Initial Inventory and Annual Reports

Initial Inventory (Conservator) — file within 60 days

Annual Reports

• Guardian's Annual Report — KRS § 387.670 — due each year on the anniversary of qualification. Report on health, residence, services, social condition, and recommendations.
• Conservator's Periodic Settlement/Accounting — KRS § 387.700 — biennial settlements (or more frequent if ordered). Itemize receipts, disbursements, and assets on hand.

Reference Kentucky AOC Form AOC-846 (Annual Report of Guardian/Conservator).

Sources and References

• Kentucky Revised Statutes Chapter 387: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37875
• KRS § 387.530 (Petition): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48289
• KRS § 387.540 (Interdisciplinary Evaluation, effective until October 1, 2026): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55584
• KRS § 387.540 (version effective October 1, 2026): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58227
• KRS § 387.570 (Jury Trial): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47470
• KRS § 387.580 (Hearing responsibilities): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47471
• Kentucky Court of Justice AOC Forms: https://www.kycourts.gov/Legal-Forms/Pages/default.aspx
• AOC-748 (Order for Emergency Appointment of Fiduciary): https://www.kycourts.gov/Legal-Forms/Legal%20Forms/748.pdf
• AOC-750 (Order for Examination): https://www.kycourts.gov/Legal-Forms/Legal%20Forms/750.pdf
• Kentucky Guardianship Handbook (AOC): https://kycourts.gov/

End of Kentucky Adult Guardianship / Conservatorship Petition Packet.