Court Findings
Once an individual has been determined to be disabled the court will decide what type of guardianship is needed.
Full Guardian
A full guardian is appointment when a respondent is found to be wholly disabled in managing their personal affairs.
The person appointed will make the respondents personal decisions and are responsible for managing the respondent’s personal affairs limited to:
- Disposing of property
- Executing instruments
- Entering into contractual relationships
- Determining living arrangements, and
- Consenting to medical procedures.
Under a full guardianship the respondent will lose their right to obtain a motor vehicle license.
The respondents right to vote is determined by the judge.
Full guardianship does not expire. It will stay in effect unless a petition to terminate is granted or until the respondent passes away.
Full Conservator
A full conservator is appointment when a respondent is found to be wholly disabled in managing their financial affairs.
The person appointed will make the respondents financial affairs and are responsible for managing the respondents financial affairs limited to:
- Disposing of property,
- Executing instruments, and
- Entering into contractual relationships
The sale of any real property requires an order from the court.
In most situations the court usually requires a conservator to post a bond to protect the respondent’s assets however, the Cabinet for Health and Family Services is not required to do this.
Full conservatorship does not expire. It will stay in effect unless a petition to terminate is granted or until the respondent passes away.
Limited Guardian
A limited guardian is appointment when a respondent is found to be partially disabled in managing their personal affairs. Not all of the respondent’s personal rights will be removed and the judge will determine which right(s) they will keep. A limited guardian will be appointed to make all other decisions.
These rights include:
- Disposing of property,
- Executing an instrument,
- Entering into a contractual relationship,
- Determining living arrangements,
- Consenting to medical procedures, and
- Obtaining a motor vehicle license
Unless otherwise indicated, limited guardianships must be renewed every five years.
Limited Conservator
A limited conservator is appointment when a respondent is found to be partially disabled in managing their financial affairs. Not all of the respondent’s financial rights will be removed and the judge will determine which right(s) they will keep. A limited conservator will be appointed to make all other decisions.
These rights include:
- Disposing of property,
- Executing Instruments, and
- Entering into contractual relationships.
Unless otherwise indicated, limited conservatorship appointments must be renewed every five years.
Full versus Limited
It is important to note that the findings in a guardianship case can result in any combination of full guardianship, full conservatorship, limited guardianship or limited conservatorship.
Are there more details that can be added here?
AOC-795: Petition for Relief, Modification, or Termination
Two (2) months before a limited guardianship or conservatorship appointment expires, the guardian needs to complete an AOC-795 Petition for Relief, Modification, or Termination and file it with the court of jurisdiction.
Depending on the situation with the person under guardianship this form could be used to:
- Renew a limited appointment for another 5 years.
- Used to terminate a guardianship when it is accompanied by supporting documentation, proving that an individual is no longer in need of a guardian or conservator.
- Used to modify a guardianship, such as removing a guardian and appointing a successor guardian.
Helpful Hint: These dates can be tracked through the KYGFIS reports and/or other means – for example your Outlook Calendar, spreadsheets, etc.