Guardianship Law Definitions
Kentucky Guardianship and Conservatorship are governed by KRS 387.500-387.800. The below are basic definitions of some of the common terms you may see throughout the statues and in the guardianship process.
Conservator – person or entity appointed by the court to manage the finances of the Respondent.
Limited Conservator – person or entity appointed by the court to manage the finances of a Respondent, who is found to be partially disabled. The court order should specifically list the powers and duties of a limited conservator.
Guardian - person or entity appointed by the court to manage the Respondent’s personal affairs.
Limited Guardian – person or entity appointed by the court to manage the personal affairs of a Respondent, who is found to be partially disabled. The court order should specifically list the powers and duties of a limited guardian.
Disabled – a legal disability (not a medical one) measured by functional inabilities. KRS 387.500(8) states that it is a person over the age of seventeen, who is:
(a) Unable to make informed decisions with respect to his personal affairs to such an extent that he lacks the capacity to provide for his physical health and safety, including but not limited to health care, food, shelter, clothing, or personal hygiene; or
(b) Unable to make informed decisions with respect to his financial resources to such an extent that he lacks the capacity to manage his property effectively by those actions necessary to obtain, administer, and dispose of both real and personal property.
Partially Disabled – refers to a person who lacks some capacity to manage personal or financial affairs but is not fully disabled.
Respondent – the person alleged to be in need of a guardian or conservator. Sometimes referred to as a “ward” or “protected person.”
Petitioner – the person or entity who files a petition with the district court indicating that the Respondent is disabled and is in need of a guardian or conservator.
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