IN THE [__] DISTRICT COURT
PROBATE DIVISION
COMMONWEALTH OF KENTUCKY
IN RE:
The Matter of [RESPONDENT FULL LEGAL NAME],
An Alleged [☐ Minor ☐ Disabled Adult]
Case No. _______
PETITION FOR APPOINTMENT OF [☐ GUARDIAN ☐ LIMITED GUARDIAN ☐ CONSERVATOR]
AND FOR RELATED RELIEF
[// GUIDANCE: Kentucky guardianship proceedings are governed primarily by Ky. Rev. Stat. Ann. (KRS) Chapter 387. Venue lies in the District Court (Probate Division) of the county where the Respondent resides or may be found. The Petition must be verified, served on statutory next-of-kin, and accompanied by a physician’s report (or multidisciplinary evaluation) unless waived by the Court for exigent reasons.]
TABLE OF CONTENTS
- DOCUMENT HEADER
- DEFINITIONS
- OPERATIVE ALLEGATIONS & REQUEST FOR RELIEF
- REPRESENTATIONS & WARRANTIES (ALLEGATIONS)
- COVENANTS & RESTRICTIONS (REQUESTED ORDERS)
- DEFAULT & REMEDIES (COURT SUPERVISION)
- RISK ALLOCATION (BOND & FIDUCIARY DUTIES)
- DISPUTE RESOLUTION (STATUTORY JURISDICTION)
- GENERAL PROVISIONS
- EXECUTION & VERIFICATION
1. DOCUMENT HEADER
1.1 Petitioner(s): [PETITIONER FULL LEGAL NAME], residing at [ADDRESS], (the “Petitioner”).
1.2 Respondent: [RESPONDENT FULL LEGAL NAME], Date of Birth [MM/DD/YYYY], residing at [ADDRESS], (the “Respondent”).
1.3 Proposed Guardian/Conservator: [PROPOSED GUARDIAN NAME], residing at [ADDRESS] (the “Proposed Guardian”).
1.4 Jurisdiction & Venue: This Court has subject-matter jurisdiction and venue pursuant to Kentucky guardianship statutes and the local probate rules.
1.5 Effective Date of Petition: Upon filing with the Clerk of the Court.
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.
“Bond” – A surety obligation posted by the Proposed Guardian as security for faithful performance, in the initial amount of $[__] or such other amount as the Court may set.
“Disabled Adult” – An individual eighteen (18) years of age or older who, by reason of mental or physical impairment, lacks capacity to manage personal or financial affairs.
“Guardian ad Litem” – An attorney appointed by the Court to represent the Respondent’s best interests in these proceedings.
“Inventory” – The written listing of the Respondent’s assets and liabilities required to be filed within sixty (60) days of qualification.
“Letters” – The official documentation issued by the Clerk evidencing authority of the appointed Guardian or Conservator.
“Limited Guardianship” – A guardianship restricted to the specific powers enumerated in this Petition and the Court’s Order.
“Reporting Requirements” – Statutory obligations to file (i) the Inventory, (ii) annual reports/accountings, and (iii) final settlement upon termination.
“Respondent” – The person for whom guardianship and/or conservatorship is sought.
3. OPERATIVE ALLEGATIONS & REQUEST FOR RELIEF
3.1 Nature of Action. Petitioner seeks appointment of a [☐ Full ☐ Limited] Guardian and, if applicable, Conservator for Respondent pursuant to KRS Chapter 387.
3.2 Condition of Respondent.
(a) Medical Diagnosis: [PLACEHOLDER – Insert concise medical description, e.g., early-onset Alzheimer’s, intellectual disability, etc.].
(b) Functional Limitations: [PLACEHOLDER – Describe impact on activities of daily living, personal care, financial management].
3.3 Less Restrictive Alternatives Considered. Petitioner has considered and found inadequate the following alternatives: [☐ Power of Attorney ☐ Health-Care Proxy ☐ Representative Payee ☐ Other].
3.4 Type and Scope of Guardianship Requested.
(a) Personal Decision-Making: [☐ All personal decisions ☐ Limited to: medical, residence, education, etc.].
(b) Financial Management: [☐ Conservatorship of estate ☐ None requested].
3.5 Assets and Income of Respondent. Approximate value of personal property $[_]; real property $[_]; annual income $[____].
3.6 Bond. Petitioner requests Bond in the amount of $[__] pursuant to statutory requirements to cap liability exposure.
3.7 Protective Orders Sought.
(a) Authority for Guardian to marshal assets and prevent dissipation;
(b) Restraining order against unauthorized transfers pending hearing;
(c) Any additional relief deemed just and proper.
3.8 Hearing and Notice. Petitioner requests the Court to:
(a) Set an expedited hearing date;
(b) Appoint an interdisciplinary evaluation team or accept attached physician’s report;
(c) Direct service of notice upon all statutory next-of-kin listed on Exhibit A.
3.9 Prayer for Relief. Petitioner respectfully prays that the Court:
(a) Determine Respondent to be a [Minor / Disabled Adult];
(b) Appoint [PROPOSED GUARDIAN NAME] as [Guardian / Limited Guardian / Conservator];
(c) Issue Letters upon qualification and Bond;
(d) Impose ongoing Reporting Requirements;
(e) Grant such other and further relief as equity requires.
4. REPRESENTATIONS & WARRANTIES (ALLEGATIONS)
4.1 Petitioner is over eighteen (18) years of age, of sound mind, and not disqualified from serving.
4.2 Proposed Guardian:
(a) Is willing and qualified to serve;
(b) Has no felony convictions or adverse fiduciary findings;
(c) Understands and accepts fiduciary duties under Kentucky law.
4.3 All statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief, subject to the penalties of perjury.
4.4 No prior guardianship proceeding concerning Respondent is pending in any jurisdiction to Petitioner’s knowledge.
5. COVENANTS & RESTRICTIONS (REQUESTED ORDERS)
5.1 Guardian shall file an Inventory within sixty (60) days of qualification and annual reports thereafter.
5.2 Guardian shall seek prior Court approval for:
(a) Sale, lease, or encumbrance of real property;
(b) Expenditures exceeding $[____] in any calendar month;
(c) Placement of Respondent in a facility outside Kentucky.
5.3 Guardian shall maintain insurance (homeowners/tenant’s and motor vehicle) where applicable, naming the Estate of Respondent as additional insured.
6. DEFAULT & REMEDIES (COURT SUPERVISION)
6.1 Failure of Guardian to comply with Reporting Requirements constitutes grounds for removal, surcharge, and any other sanction available at equity.
6.2 Upon demonstrated neglect, abuse, or mismanagement, the Court may:
(a) Revoke Letters;
(b) Order immediate accounting;
(c) Enter judgment against the Bond;
(d) Refer matter for criminal investigation.
7. RISK ALLOCATION (BOND & FIDUCIARY DUTIES)
7.1 Bond Amount. Initial Bond of $[__] to serve as both a liability cap and security fund for the estate.
7.2 Indemnification. Guardian shall indemnify and hold harmless Respondent’s estate from losses arising out of willful misconduct or gross negligence.
7.3 Fiduciary Standard. Guardian is a fiduciary owing duties of loyalty, care, and obedience to statutory directives.
7.4 Force Majeure. Guardian is excused from timely performance of non-essential duties to the extent prevented by events beyond reasonable control, but shall promptly notify the Court of such events.
8. DISPUTE RESOLUTION (STATUTORY JURISDICTION)
8.1 Governing Law. This proceeding is governed exclusively by the laws of the Commonwealth of Kentucky, specifically KRS Chapter 387.
8.2 Forum Selection. All matters shall be heard in the [__] District Court, Probate Division.
8.3 Arbitration. Not applicable; the Probate Court retains exclusive jurisdiction.
8.4 Jury Waiver. No jury trial is available in this statutory guardianship action.
8.5 Injunctive Relief. The Court retains authority to enter protective or restraining orders as necessary to safeguard Respondent.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any amendment to the guardianship Order must be approved by this Court.
9.2 Successors. Any successor Guardian shall be subject to the same duties, Bond, and Reporting Requirements unless modified by Court Order.
9.3 Severability. If any provision of the eventual guardianship Order is held invalid, the remainder shall remain in full force.
9.4 Integration. This Petition, supporting exhibits, and any subsequent Orders constitute the entire guardianship record absent further Court directives.
9.5 Electronic Signatures. The Court and Clerk may accept electronic filings and signatures consistent with local e-filing rules.
10. EXECUTION & VERIFICATION
10.1 Signature Block
Respectfully submitted this ___ day of ____, 20__.
[PETITIONER NAME]
Petitioner
Address: [___]
Telephone: [--_]
Email: [______]
[// GUIDANCE: If Petitioner is represented by counsel, insert attorney signature block with Kentucky Bar Number.]
10.2 Verification
COMMONWEALTH OF KENTUCKY )
) ss:
COUNTY OF [_____] )
I, [PETITIONER NAME], being duly sworn, state that I have read the foregoing Petition, know the contents thereof, and the statements contained therein are true and correct to the best of my knowledge, information, and belief.
[PETITIONER NAME]
Subscribed, sworn to, and acknowledged before me on this ___ day of ____, 20__, by [PETITIONER NAME].
Notary Public, State at Large, Kentucky
My Commission Expires: _______
EXHIBIT A – STATUTORY NEXT-OF-KIN
| Name | Relationship | Address | Method of Service |
|---|---|---|---|
| [____] | [____] | [____] | [Certified Mail / Personal] |
[// GUIDANCE: Attach additional exhibits as necessary—e.g., Physician’s Report, Proposed Guardian’s Acceptance, Criminal Background Report, Waivers of Notice.]
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