910 KAR 2:020 – Section 3 Guardianship Referral for Individuals Who Have Been Adjudicated Disabled

Section 3.Guardianship Referral for Individuals Who Have Been Adjudicated Disabled.

(1)Within ten (10) working days of a referral, the division shall send to the referral source:

(a)A blank AOC-795, Petition for Relief Modification or Termination, issued by the Administrative Office of the Courts and available at https://courts.ky.gov/resources/legalforms/LegalForms/795.pdf ;

(b)The GF-01, Guardianship Information Form; and

(c)A cover letter instructing the referral source to:

1.Complete the forms specified in paragraphs (a) and (b) of this subsection, in their entirety; and

2.Submit the completed forms to the division. Incomplete forms shall be returned without action. (2)The referral source shall complete the forms listed in subsection (1)(a) and (b) of this section and return the forms to the division. (3)The division shall review the documentation from the referral source to complete the application process.

(4)If the division accepts the referral, the division shall: (a)Complete, sign, and notarize an AOC-745, Application for Appointment for Fiduciary, issued by the Administrative Office of the Courts, requesting that the cabinet be appointed to serve as successor guardian, conservator, limited guardian, limited conservator, or any combination thereof; and (b)Return the original, signed AOC-745 to the referral source for filing with the District Court in the county of residence. (5)The division shall return the forms specified in subsections (1)(a), (b), and (4) of this section with a cover letter instructing the referral source to file the forms with the court.

(6)If the division is notified of a hearing by the court, division staff may attend the hearing to meet the respondent and gather information concerning the case.

(7)If the court requests, division staff attending court shall be sworn in as successor guardian, conservator, limited guardian or limited conservator.

Source: https://apps.legislature.ky.gov/law/kar/titles/910/002/020/

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