Kentucky Guardianship

Elder Law Lexington – McClelland & Associates handles adult guardianship matters for clients throughout Kentucky.

Are you concerned about an incapacitated family member? Are you worried about the type of care they are receiving? Different types of guardianships exist to ensure the people you care about are taken care of. At the Law Office of McClelland & Associates, PLLC – Elder Law Lexington, we are members of the National and Kentucky Guardianship Associations and we handle adult guardianship matters for clients throughout Kentucky. Our firm focuses on the personalized nature of the representation. We understand that a guardianship involves the loss of freedom for the ward and a great deal of responsibility for the guardian.

The most common reason to establish a guardianship is to protect the interests of an elderly individual. A guardianship can be established to protect the personal, medical and financial interests of an elderly individual who is deemed to be legally disabled. As an individual begins to make more and more bad decisions, someone needs to take control. The control is taken through the guardianship process. Kentucky guardianships take place in the mental health court in the county in which the proposed ward resides. The petition must be signed by the person seeking to be the guardian, usually a family member and another person, perhaps a medical professional. The process of establishing a guardianship can be daunting. There are many statutory requirements that must be met and the process as a whole is very document-heavy. It is important to work with an experienced attorney in completing the process.For a complete summary of the adult guardianship process, please see the KGA Guardianship video on our website.

At Elder Law Lexington, we can help you:

  • Establish guardianship: We represent clients through all phases of the legal process involved with establishing a guardianship for an adult. This can be a challenging process as the respondent must endure a jury trial.
  • Fulfill your duties as a guardian: A guardian has a difficult task in executing decision-making power over the ward while allowing the ward to retain the highest amount of autonomy as possible.
  • Resolve guardianship disputes: Family disputes are common in the realm of guardianships. Proposed wards dispute the potential determination of incapacity and family members dispute the manner in which a guardian fulfills his or her duties.

Guardianship of the person often relegates the following responsibilities to the appointed guardian or conservator:

  • Determining and maintaining appropriate residence
  • Providing informed consent for medical treatment
  • Monitoring non-medical services such as education, psychiatric or behavioral counseling
  • Making end-of-life decisions
  • Paying debts and other expenses
  • Maintaining the protected person’s autonomy as much as possible

Appointment of a conservator of the estate or property transfers the following responsibilities to the guardian:

  • Organizing, gathering and protecting assets
  • Arranging appraisals of property
  • Safeguarding property and assets from loss
  • Managing income from assets
  • Making appropriate payments
  • Obtaining court approval prior to any sale of major assets
  • Reporting to the court the estate’s status on a regular basis

Some guardianships are emergency or temporary arrangements, meant to protect an incapacitated individual until he or she regains capacity. Elder Law Lexington will handle your Kentucky guardianship matter with professionalism and skill, as well as compassion and kindness, providing you with sound legal counsel and representation as you make these important decisions.

If you need to speak with a lawyer about a guardianship decision, we encourage you to contact one of our caring and knowledgeable Kentucky guardianship attorneys at McClelland & Associates, PLLC – Elder Law Lexington. Give us a call at (859) 543-0061 or (800) 773-4040 for a case evaluation and to discuss your guardianship needs.