Conservatorship & Guardianship Attorneys in KY

Hopkinsville Lawyers

Guiding You Through The Process Of Conservatorships And Guardianships

When circumstances require families to take over responsibility for making decisions on behalf of a loved one who may be incapacitated due to aging or a disability, or when a minor child requires the care of a guardian, there are essential steps that need to be taken to ensure your loved one’s well-being and financial matters are cared for.

In Kentucky, a conservatorship/guardianship is a legal procedure that places a protected individual under the care of a guardian or conservator. It is important to point out that a guardian will have control over the person, while a conservator will have control over the person’s property.

How is a Guardianship Established in Kentucky?

A guardianship is usually assigned to a family member, a close friend of the family, or another person appointed by the court. A guardian will take care of a minor child whose parents died or are deemed unable to care for the child or make decisions in their best interest. An adult who is injured or suffers any physical or mental disability that results in their inability to care for themselves and make decisions can also be placed under the protection of a guardian.

To establish a guardianship for the protection of an individual, you will need to file the appropriate papers with a court and exhibit enough evidence to show why someone must be placed under the protection of a guardian. A six-person jury will analyze your arguments and decide whether there is enough to prove that the individual is not able to make their own decisions and needs a guardian.

A guardian will be responsible for the well-being of the protected person, including decisions about where the person will live, healthcare, education and counseling decisions, and will also be responsible for paying any debts and expenses related to the care of the protected person. In addition, the guardian may be required to show the court that the needs of the protected person are being met under their care. In the case of a minor, the guardianship will end after the child turns 18.

How is a Conservatorship Established in Kentucky?

The procedure for establishing a conservatorship is similar to that of a guardianship, except the court will assign a conservator the responsibility to care for the protected person’s property and financial matters. In many cases, the guardian and conservator are the same person, but the court can appoint a separate conservator in addition to a guardian in some cases.

A conservator will be responsible for the protected person’s assets and financial matters, including paying debts, protecting assets, and managing any income that the person receives. A conservator may not sell or transfer any of the protected person’s assets without court approval and must show the court that the protected individual’s assets are properly managed.

What is Limited Guardianship or Conservatorship?

If a protected person (also called a “ward” by the state) is found to be fully disabled in managing his or her personal affairs and/or financial matters, the court will appoint a full guardian and conservator as the responsible party for the ward; however, in cases where the ward or protected person is deemed only partially disabled and can still manage some of his or her personal needs or financial matters but may need assistance with others, a court can appoint a limited guardian or conservator. The court will decide which rights will be retained by the ward and which rights will be retained by the conservator or guardian to act on behalf of the protected person.

Guardianships and conservatorships are usually permanent unless the disabled adult regains the mental and physical ability to care for him or herself and make decisions, or when a minor reaches legal age. In the case that a guardian or conservator believes that the person no longer needs protection, he or she may file a petition with the court requesting to end the guardianship/conservatorship and showing enough evidence that the protected person can now make their own personal and financial decisions.

Do I Need an Attorney?

Filing for a guardianship or conservatorship is not an easy process and requires extensive documentation and knowledge of laws and regulations. It is highly recommended you hire an attorney to help guide you through the process and help you understand what is required of you in order to be appointed as a guardian or conservator for your loved one.

Get in Touch With Us

Please fill out the form and someone will be in contact with you as soon as possible.

Latest News

View all posts

Crow Estate Planning

What Does the FinCEN/BOI Registration Deadline Mean…

In today’s highly regulated financial and business environment, compliance with laws designed […]

11/26/24

Thomas Steelman

The Impact of the Presidential Election on…

The federal estate tax is not levied until an estate surpasses $13.61 […]

11/01/24

Crow Estate Planning

Updating an Estate Plan After Divorce

If you are facing or have recently gone through a divorce, you […]

10/02/24

Crow Estate Planning

What Happens to My Assets If I…

This guide will help you understand what happens to your assets if […]

10/02/24

Hear From Our Clients

Marshall P

Mr Crow and his staff are amazing! Especially the person assigned to my account, so a special thank you to Callie! Callie answered all of my questions and set expectations during a very confusing time in my life. Mr Crow and his team worked diligently with my specific situation and were very results driven. I would recommend Crow Estate Planning and Probate to anyone looking for an estate or probate attorney.

Benny H

Today my wife and I completed (at Crow Estate Planning and Probate) our Will, Living Will, Power of Attorney for Finance and Medical. As a Tennessee CPA for over 20 years (now retired), I’d like to leave this review so that others may benefit. Our experience rating with with Crow Estate Planning and Probate is EXCELLENT. Our legal team was Kyle Shannon, Callie and Julia. This team was competent, courteous, and professional. They made a potentially complex experience “easy” despite multiple minor trusts involved. The charge for professional services rendered was very reasonable. My wife (Denise) and I would like to thank Kyle and his team (Callie and Julia) for a great experience that exceeded our expectations. I will return for legal needs and I will refer family and others to Kyle, Callie and Julia.

Vic H

I’m very grateful to Mr. Shannon and Callie for the great job they did taking care of my muniment of title. Everyone in Mr. Shannon’s office was exceedingly kind and helpful.

Lisa M

They are caring, very helpful and not too expensive. I would recommend them to anyone that wants to plan for their future death and their children.

Ken A

Crow Estate Planning was caring, professional and took great care of our family. John personally prepared my mother’s estate and completed her final wishes. Their staff was always friendly and eager to assist. Our family strongly recommends John and Crow Estate Planning

Amanda H

Mr. Crow and his staff were very knowledgeable, prompt and pleasant to work with in the estate planning process. Very satisfied clients and highly recommend!

Nick D

Working with Kyle Shannon and Brittney Stewart to setup our Living Trust was nothing short than amazing! Very informative, very responsive, and made the whole process easy to complete.

Todd K

It was an absolute pleasure to work with Kyle establishing my Estate planning needs. Kyle was very thorough and knowledgeable. Kyle’s understanding and professionalism made for a simple and smooth process. Highly recommended!

George D

Be far the best estate planning firm in Clarksville.

Marc M

Warmly greeted. Attorney was very attentive to our needs. Reasonable fees.

Guardianships And Conservatorships

Hopkinsville Lawyers

Guiding You Through The Process Of Conservatorships And Guardianships

How is a Guardianship Established in Kentucky?

How is a Conservatorship Established in Kentucky?

What is Limited Guardianship or Conservatorship?

Do I Need an Attorney?

Contact Crow Estate Planning & Probate For a Free Consultation

Get in Touch With Us

Latest News

What Does the FinCEN/BOI Registration Deadline Mean…

The Impact of the Presidential Election on…

Updating an Estate Plan After Divorce

What Happens to My Assets If I…

Hear From Our Clients

Our Locations