Kentucky Revised Statutes

Ky. Rev. Stat. § 387.090 (2026)

Removal of guardian, limited guardian or conservator

✓ current as of May 2026

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(1) The District Court shall remove a guardian, limited guardian, or conservator if:

(a) The guardian, limited guardian, or conservator becomes insane, moves out of the Commonwealth, becomes incapable of discharging the duties of the appointment, or fails for any reason to discharge the duties of the appointment; or

(b) The District Court deems the removal of the guardian, limited guardian, or conservator to be in the best interest of the ward.

(2) The District Court may permit a guardian, limited guardian, or conservator to resign if the guardian, limited guardian, or conservator first files a final settlement and delivers the ward's estate as directed by the District Court.

(3) When a guardian, limited guardian, or conservator resigns or is removed from office by the District Court, the District Court shall appoint a new person or entity to serve as the ward's guardian, limited guardian, or conservator.

(4) The District Court may remove a guardian, limited guardian, or conservator for failing to make an account or inventory as required by law, or as may be required by the District Court, or for failing to give additional surety when required. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 14, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 67, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 154, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2024, 2026.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2004–2021 · leading case: Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004).

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Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004). · cites it 2× “Hurst likened the removal of artificial life-support to the atrocities committed in Bosnia.”

Branham v. Stewart, 307 S.W.3d 94 (Ky. 2010). · cites it 2× “") (emphasis added); KRS 387.090(1)(b) (providing for removal of guardian if deemed in the minor's "best interest" by the District Court).”

Logan Coons, a Minor, by & Through Jennifer Coons, Guardian of the Est. of Logan Coons, a Minor v. Honorable Judith McDonald-burkman (Ky. 2021). · cites it 2× “”) (emphasis added); KRS 387.090(1)(b) (providing for removal of guardian if deemed in the minor's “best interest” by the District Court) (emphasis added); Branham v.”

Poole v. Cabinet for Health & Fam. Servs. KY (W.D. Ky. 2021). · cites it 2× “020(1) (“District Courts shall have exclusive jurisdiction for the appointment and removal of guardians, limited guardians, and conservators for minors, and for the management and settlement of their accounts”); Ky. Rev. Stat. § 387.090(1) (defining District Court’s authority to…”

— Ky. Rev. Stat. § 387.090(1) — 1 case

Poole v. Cabinet for Health & Fam. Servs. KY (W.D. Ky. 2021). “020(1) (“District Courts shall have exclusive jurisdiction for the appointment and removal of guardians, limited guardians, and conservators for minors, and for the management and settlement of their accounts”); Ky. Rev. Stat. § 387.090(1) (defining District Court’s authority to…”

— Ky. Rev. Stat. § 387.090(1)(b) — 2 cases

Branham v. Stewart, 307 S.W.3d 94 (Ky. 2010). “") (emphasis added); KRS 387.090(1)(b) (providing for removal of guardian if deemed in the minor's "best interest" by the District Court).”

Logan Coons, a Minor, by & Through Jennifer Coons, Guardian of the Est. of Logan Coons, a Minor v. Honorable Judith McDonald-burkman (Ky. 2021). “”) (emphasis added); KRS 387.090(1)(b) (providing for removal of guardian if deemed in the minor's “best interest” by the District Court) (emphasis added); Branham v.”

— Ky. Rev. Stat. § 387.090(3) — 1 case

Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004). “Hurst likened the removal of artificial life-support to the atrocities committed in Bosnia.”

— Ky. Rev. Stat. § 387.090(l)(b) — 1 case

Branham v. Stewart, 307 S.W.3d 94 (Ky. 2010). “") (emphasis added); KRS 387.090(1)(b) (providing for removal of guardian if deemed in the minor's "best interest" by the District Court).”

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