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Guardianship versus parental rights Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this. After a guardian is appointed, the parent may continue to have custody.
The judge will write a court order appointing a guardian or conservator as indicated by the jury findings and designating those areas in which the individual is authorized to act in behalf of the disabled person. The court order will be filed with the court but must also be indexed in the county clerk's office.
Full Guardian/Full Conservator ?responsible for both the personal and financial affairs of the client. Personal Guardian -responsible for only personal affairs of the client. Conservator ? A conservator may be appointed if the disabled person only needs help with managing financial or fiduciary affairs.
In Kentucky, adult guardianships require court appearances. The process takes approximately sixty (60) days to complete. After the petition is filed, a trial date will be set and an attorney appointed to represent the respondent. The respondent will need to be examined by three (3) professionals.
The person asking for guardianship or conservatorship must first complete a Petition to Determine if disabled form and file it with the court. The form is available from the local District Court. The form can also be found online at: .
A competent individual may sign a Power of Attorney allowing another adult to handle their affairs while still maintaining their personal rights. A Power of Attorney does not require court involvement. Adults may also designate a health care surrogate prior to incapacitation.