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Commonwealth Elder Law is now Elder Law Lawyers

Trust Our Guardianship Attorneys in Lexington, KY to Protect the Needs of Your Family Member

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 Elder Law Lawyers, 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.

Our Experience with Kentucky Guardianships Means Your Loved One’s Best Interest Will Always Be Our First Priority

The most common reason to establish 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 deemed 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. Many statutory requirements 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 Lawyers, We Help You:

Establish guardianship:

Fulfill your duties as a guardian:

Resolve guardianship disputes:

    • We represent clients through all phases of the legal process to establish a guardianship for an adult. This can be a challenging process as the respondent must endure a jury trial.
    • 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.
    • 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

No Matter What Your Guardianship Needs are, Our Knowledgeable Attorneys Can Help

Some guardianships are emergency or temporary arrangements meant to protect an incapacitated individual until he or she regains capacity. Elder Law Lawyers 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 Elder Law Lawyers. Give us a call at (859) 543-0061 for a case evaluation and to discuss your guardianship needs.