Kentucky Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Kentucky court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on Kentucky Revised Statutes Chapter 387 (Guardians, Conservators, and Curators), principally KRS 387.500 to 387.770 for disabled adults and KRS 387.010 to 387.290 for minors

By Settled Estate EditorialPublished: June 28, 2026Updated: July 19, 2026

What guardianship and conservatorship mean here

Guardianship and conservatorship in Kentucky are District Court proceedings under KRS Chapter 387. For an adult, the court appoints a guardian to make personal decisions or a conservator to manage money and property, but only after a hearing at which the Commonwealth must prove by clear and convincing evidence that the person is disabled or partially disabled in managing personal affairs, financial resources, or both. Kentucky treats disability as a legal status measured by what the person can and cannot do, not by a diagnosis, and the case is decided by a jury unless every party agrees to let the judge decide. The chapter opens with a declaration of legislative purpose favoring the least restrictive alternative and the development of the person's maximum self-reliance and independence (KRS 387.500), so the court can limit the appointment to only the decisions the person cannot handle, and a limited appointment cannot run longer than five years without renewal.

Kentucky splits the job into two offices. A GUARDIAN is appointed to manage the personal affairs of a disabled person, meaning decisions about health care, food, shelter, clothing, and personal hygiene, while a CONSERVATOR is appointed to manage the financial resources of a disabled person (KRS 387.510(1) and (3)). When the person is only PARTIALLY disabled, the court appoints a LIMITED guardian or LIMITED conservator whose specific powers and duties are enumerated in the order (KRS 387.510(2) and (4)). One person can hold more than one role, and a guardian and a conservator can be the same individual, agency, or corporation. The person under the appointment is the 'ward' (KRS 387.510(15)). Kentucky also uses 'curator' for certain property appointments (for an aged or infirm person under KRS 387.320) and 'committee' for the pre-1982 combined appointment, and it appoints guardians and conservators for minors under a separate part of the chapter.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Curator for an Aged or Infirm Person

A narrower, older property-management appointment: the District Court may appoint a curator to take charge of the property of an aged or infirm person, with bond. This is separate from the disabled-persons framework and is used less often than a guardianship or conservatorship.

KRS 387.320

Conservator of a Disabled Adult

Appointed to manage the financial resources of an adult found fully disabled in managing money and property. The conservator files a verified inventory within sixty days of appointment, files a verified report and financial account every two years within one hundred twenty days after the anniversary of appointment, and files a final report when the appointment ends. In Kentucky the conservator is a separate office from the guardian, though the same person may serve in both roles.

KRS 387.510(1), 387.590(2)(b), 387.700, 387.710

Limited Guardian

Appointed when the person is only partially disabled in managing personal affairs. The court order enumerates the specific decisions the limited guardian may make and lists the specific legal disabilities placed on the person, and the person keeps every legal and civil right the order does not remove. A limited guardian may not be appointed for a term greater than five years and can be appointed for a shorter period.

KRS 387.510(4), 387.590(1)(a), 387.590(4), 387.650

More guardianship types5 additional arrangements courts use in specific situations, with statute cites

Guardian of a Disabled Adult

Appointed to manage the personal affairs of an adult found fully disabled in managing personal affairs: where the person lives, day-to-day care, and consent to medical and other professional care. The guardian must arrange services that build the ward's maximum self-reliance and independence and must limit any deprivation of civil rights to what is necessary. A guardian may not consent to abortion, sterilization, psychosurgery, removal of a bodily organ, or amputation without a court order or a genuine emergency, and files an annual report with the court.

KRS 387.510(3), 387.590(2)(a), 387.660, 387.670

Limited Conservator

Appointed when the person is only partially disabled in managing financial resources. The order spells out the particular financial powers and duties assigned, and the person retains authority over everything the order does not reach. Like a limited guardian, a limited conservator may not be appointed for a term greater than five years.

KRS 387.510(2), 387.590(1)(b), 387.590(4), 387.690

Emergency (Temporary) Limited Guardian or Conservator

Appointed before or during a disability proceeding when there is danger of serious impairment to the person's health or safety, or damage to or dissipation of the person's property, if immediate action is not taken. The court exercises limited-guardian or limited-conservator powers, or appoints someone to, after a petition and a hearing held within one week. The emergency authority is limited to the powers the court grants and expires when the underlying disability action or appeal is resolved.

KRS 387.740

Standby Guardian or Conservator

A successor the District Court designates, on the appointment of a guardian or conservator or later, to step into the same powers and duties when the serving fiduciary dies, resigns, is removed, or becomes incapacitated. The standby files an acceptance within ten days of that event and may act temporarily in an emergency when the primary fiduciary is unavailable. The order of appointment names the standby if one is designated.

KRS 387.510(5), 387.590(3)(c), 387.750

Guardian or Conservator of a Minor

Appointed in District Court for a child under eighteen, typically when no parent can serve. A guardian of a minor has the powers and responsibilities of a parent for the child's support, care, and education and may consent to the child's medical care, marriage, adoption, or military enlistment; a conservator manages the child's property. When the minor turns eighteen the guardian pays over the funds and property to the young adult, unless the person has been found disabled, in which case an adult guardianship or conservatorship takes over.

KRS 387.020, 387.032, 387.065

The Kentucky guardianship court process

1File the Petition in District CourtA petition to determine partial disability or disability and to appoint a limited guardian, guardian, limited conservator, or conservator may be filed by any interested person or by the individual who needs help.

A petition to determine partial disability or disability and to appoint a limited guardian, guardian, limited conservator, or conservator may be filed by any interested person or by the individual who needs help. It states the respondent's information, the nature and degree of the alleged disability, the facts supporting the need, the value of the respondent's resources, the next of kin, and any agent under a durable power of attorney or surrogate under an advance directive. It is accompanied by a verified application from the person or entity who wants to be appointed. The case is filed in the District Court where the respondent resides (KRS 387.520, 387.530).

2Counsel for the RespondentThe court appoints an attorney to represent the respondent in the disability proceeding.

The court appoints an attorney to represent the respondent in the disability proceeding. If the respondent cannot afford counsel, the county pays the fee. This representation is separate from any guardian ad litem the court may appoint (KRS 387.560, 387.305).

3Interdisciplinary Evaluation ReportBefore the hearing, an interdisciplinary evaluation report is filed with the court.

Before the hearing, an interdisciplinary evaluation report is filed with the court. It is compiled by at least three people: a physician, advanced practice registered nurse, or physician assistant; a licensed psychologist; and a qualified social worker. The report describes the respondent's condition, states whether guardianship or conservatorship is needed and of what type, and states whether alternatives to guardianship are available. It must be filed and mailed to the attorneys at least ten days before the hearing, and the county pays for the evaluation if the respondent is a poor person (KRS 387.540).

4Notice and Hearing DateThe court sets a date and place for the hearing and gives notice to the respondent and the other people entitled to it.

The court sets a date and place for the hearing and gives notice to the respondent and the other people entitled to it. The respondent has the right to be present, to present evidence, and to confront and cross-examine witnesses, and the hearing may be closed to the public at the respondent's request (KRS 387.550, 387.570).

5Hearing: Jury or Bench TrialThe Commonwealth must prove the respondent's disability or partial disability by clear and convincing evidence, and at least one member of the evaluation team must testify in person.

The Commonwealth must prove the respondent's disability or partial disability by clear and convincing evidence, and at least one member of the evaluation team must testify in person. The hearing is a jury trial unless the respondent, the respondent's counsel, and the attorney for the Commonwealth all agree to a bench trial, no interested person objects, and the evaluation report unanimously finds the respondent disabled or partially disabled (KRS 387.570).

6Findings, Type of Appointment, and RightsOn a finding of disability or partial disability, the court decides whether the person needs a guardian, a conservator, or both, and whether the appointment should be full or limited.

On a finding of disability or partial disability, the court decides whether the person needs a guardian, a conservator, or both, and whether the appointment should be full or limited. It appoints a suitable person or entity, giving due consideration to the respondent's own preference and to any agent named in a power of attorney, and it states the specific legal disabilities placed on the person and the rights the person keeps. A limited appointment cannot exceed five years; a full appointment can be for unlimited duration (KRS 387.580, 387.590, 387.600).

7Reports, Renewal, and RestorationA guardian files an annual report; a conservator files an inventory within sixty days and a verified report and account every two years.

A guardian files an annual report; a conservator files an inventory within sixty days and a verified report and account every two years. A limited appointment is renewed before it expires by a petition supported by a professional's affidavit that the need continues. At any time the ward, the fiduciary, or any interested person may petition to modify, terminate, or renew the order, and the ward may ask for restoration by any means, including an informal letter; if the order is dissolved, the court restores all of the person's rights and privileges of a citizen (KRS 387.670, 387.710, 387.610, 387.620).

How long it takes

An emergency appointment can be made quickly, with the court reviewing the petition without delay and holding a hearing within one week (KRS 387.740). A standard uncontested disability case usually takes about one to three months from filing to appointment, driven by the interdisciplinary evaluation (which must be filed at least ten days before the hearing) and the court's calendar; a contested case or a jury trial takes longer. A limited guardianship or conservatorship lasts up to five years and must be renewed to continue, while a full guardianship or conservatorship can continue indefinitely subject to the annual report of a guardian and the biennial report of a conservator (KRS 387.540, 387.590, 387.610, 387.670, 387.710).

Alternatives to consider before guardianship

Durable Power of Attorney (Finances)

Lets a competent adult name an agent to manage property and financial matters, which can head off a conservatorship. A Kentucky power of attorney is durable by default, so it stays effective after the principal loses capacity unless the document says otherwise. If a guardianship case is later filed, the principal's choice of agent is treated as a preference the court must consider when naming a conservator or guardian.

KRS 457.040, 457.050, 387.600(2)

Health Care Surrogate and Living Will Directive

Lets a competent adult name a health care surrogate to make medical decisions during incapacity and state treatment wishes in a living will directive, which can avoid the need for a guardian of the person for health care choices. Kentucky's advance-directive law also supplies default surrogate decision-makers when no directive exists.

KRS 311.621 to 311.643 (Kentucky Living Will Directive Act)

Voluntary Contingent (Springing) Petition

Lets any adult of full age and sound mind pre-file a verified petition that nominates a guardian or conservator of the person's property, to be appointed only if a specified future event or health condition occurs, confirmed by a physician's affidavit of disability. The maker controls the terms, can request that no bond be required, and can revoke it while of sound mind, which is a less rigid path than a contested guardianship.

KRS 387.330

Special Needs Trust

Assets held in a special needs trust can be managed by a trustee for the benefit of a person with disabilities without a conservatorship and without disqualifying the person from needs-based benefits. Kentucky courts can approve or modify a special needs trust for a ward, and a revocable living trust more generally can hold and manage assets if the grantor loses capacity.

KRS 387.855 to 387.910; KRS Chapter 386B (Kentucky Uniform Trust Code)

Restricted Settlement Account or Annuity for a Minor

A person with legal custody of a minor may settle a claim for the minor and place the net proceeds, up to twenty-five thousand dollars, into a restricted savings or investment account or an annuity for the minor, with no guardianship or conservatorship. The funds can be reached only by court order, when the minor reaches majority, or on the minor's death.

KRS 387.278

Small-Sum Payment to a Custodian

When a person under disability who has reached eighteen and has no fiduciary is entitled to receive not more than ten thousand dollars, the person having custody may accept the money and hold it as trustee for the person's support, maintenance, or education, without a guardianship and without bond.

KRS 387.280

Representative Payee

Appointed by the Social Security Administration or another benefit agency to receive and manage Social Security or similar federal benefits for a beneficiary who cannot manage them. It covers only those benefits and requires no court proceeding.

42 U.S.C. 405(j)

Planning ahead: naming a guardian in advance

Naming a guardian in advance: A competent Kentucky adult can influence who would serve as a future guardian or conservator, and can often avoid the need for one. The strongest tool is the voluntary contingent petition under KRS 387.330: any person of full age and sound mind may sign a verified petition nominating a guardian or a conservator of that person's property to be appointed only if a specified future event or described health condition occurs, confirmed at that time by a licensed physician's affidavit that the person is disabled as defined in KRS 387.510. The petition may be deposited with the circuit clerk or with a trusted person, may be revoked while the maker is of sound mind, and the court must appoint the person nominated unless it finds that person unfit or incompetent. Separately, if a disabled adult has signed a power of attorney naming an agent, that designation is treated as the person's preference and given due consideration when a court later chooses a guardian or conservator (KRS 387.600(2)). A parent, spouse, or child who is already serving as a person's guardian or conservator may nominate a successor by will (KRS 387.730), and when a disabled person's two parents serve as coguardians the survivor continues automatically. For a minor child, the last surviving parent may nominate a guardian, limited guardian, or conservator by will (KRS 387.040). The tools that avoid guardianship altogether are a durable power of attorney under KRS Chapter 457, which is durable by default, and a health care surrogate designation or living will directive under KRS 311.621 to 311.643.

Guardianship costs

Court filing fee: About $100.50 to open a District Court guardianship or disability case, and each person who applies for appointment as guardian or conservator pays a filing fee (Jefferson County / Louisville Metro County Attorney guardianship program). No court costs are charged to a respondent or ward who is a poor person as defined in KRS 453.190 (KRS 387.760(1)).
Guardian ad litem: $400 to $2,000, allowed by the court as a reasonable fee and taxed in the costs. A guardian ad litem must be a licensed, practicing attorney (KRS 387.305). Separately, in an adult disability case the court appoints counsel to represent the respondent, and the county pays that fee if the respondent cannot (KRS 387.560).
Interdisciplinary evaluation: $300 to $2,000 for the required interdisciplinary evaluation report, compiled by at least three people (a physician, advanced practice registered nurse, or physician assistant; a licensed psychologist; and a qualified social worker), filed with the court at least ten days before the hearing. If the respondent is a poor person under KRS 453.190, the examiners are paid by the county (KRS 387.540).
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if the disability determination is contested or tried to a jury, which Kentucky law allows unless every party agrees to a bench trial (KRS 387.570).
Bond premium: Set by the court, roughly 0.5% of the bonded amount per year. A limited conservator or conservator must give surety measured on the value of the ward's estate (KRS 387.720); a guardian or conservator appointed for a minor is bonded under KRS 387.070.
Ongoing reporting: Little to none if the fiduciary prepares the reports personally; $300 to $2,500 per accounting if a professional prepares it. A guardian of a disabled adult files an annual report (KRS 387.670); a limited conservator or conservator files a verified inventory within sixty days and a verified biennial report and financial account within one hundred twenty days after each anniversary of appointment (KRS 387.710).

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Kentucky?

What are the alternatives to guardianship in Kentucky?

Less restrictive alternatives in Kentucky include Durable Power of Attorney (Finances), Health Care Surrogate and Living Will Directive, Voluntary Contingent (Springing) Petition, Special Needs Trust. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Kentucky guardianship process take?

Do I need a lawyer to file for guardianship in Kentucky?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Kentucky courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in Kentucky: what is the difference?

Statutes and sourcesOfficial references used for this page

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Information current as of July 19, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Kentucky can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.