Ky. Rev. Stat. » Chapter 387

Ky. Rev. Stat. § 387.500

Declaration of legislative purpose

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(1) It is the intent and purpose of the General Assembly to recognize that disabled persons have varying degrees of disability. (2) Persons who are only partially disabled must be legally protected without a determination of total incompetency and without the attendant deprivation of civil and legal rights that such a determination requires. (3) To this end, guardianship and conservatorship for disabled persons shall be utilized only as is necessary to promote their well-being, including protection from neglect, exploitation, and abuse; shall be designed to encourage the development of maximum self-reliance and independence in each person; and shall be ordered only to the extent necessitated by each person's actual mental and adaptive limitations. (4) If the court determines that some form of guardianship or conservatorship is necessary, partial guardianship or partial conservatorship shall be the preferred form of protection and assistance for a disabled person. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 141, sec. 1, effective July 1, 1982. Legislative Research Commission Note. The chairman of the guardianship subcommittee of the 1980-82 Interim Joint Committee on Judiciary Statutes, in a letter to the Deputy Director and Reviser of Statutes, dated 2-7-86, has stated as follows: "As indicated in Senate Bill 35, in Section 1, 'Guardianship and conservatorship for disabled persons shall be utilized only as is necessary to promote their well-being, including protection from neglect, exploitation and abuse.'

Notes of Decisions
Cited in 23 cases (8 in the last 5 years), 1989–2026 · leading case: Rice v. Floyd
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Rice v. Floyd (1989) ky · cites it 6× “Such a person is a fiduciary who may be questioned as to mismanagement of the principal's affairs to the same effect, if not by the same statutory procedure, as is true with a guardian appointed pursuant to KRS 387.500 et seq. The guardianship statutes, as presently revised,…”
Woods Ex Rel. Simpson v. Commonwealth (2004) ky · cites it 2× “In 1991, a district court jury found Woods partially disabled in managing his personal affairs and financial resources pursuant to KRS 387.500 et seq. Consequently, the district court appointed the Commonwealth as a limited guardian for Woods.”
Branham v. Stewart (2010) ky · cites it 2× “See KRS 387.500, et seq. ("Guardianship and Conservatorship for Disabled Persons").”
Bye v. Mattingly (1998) ky · cites it 2× “JUDGMENT OF DISABILITY PURSUANT TO KRS 387.500 ET SEQ. AND TESTAMENTARY CAPACITY.”
McElroy v. Taylor (1998) ky · cites it 2× “I do not agree that the General Assembly has vested the district court with jurisdiction to exercise an incompetent surviving spouse's statutory right to elect against the will of his or her deceased spouse.”
DeGrella by and Through Parrent v. Elston (1993) ky “We view the statutes related to "Guardianship and Conservatorship for Disabled Persons," KRS 387.500 et seq., as remedial rather than exclusive.”
GGNSC Stanford, LLC v. Rowe (2012) kyctapp “See KRS 387.500(2) (“guardianship and conservator-ship for disabled persons shall be utilized .”
B.C. v. B.T. (2005) kyctapp “720, whether or not committed in the presence of the child; (e)Any other crime committed by a parent which results in the death or permanent physical or mental disability of a member of that parent's family or household; and (f)The existence of any guardianship or…”
Elmer Riehle v. Carolyn Riehle (2016) ky “1993), “[w]e view the statutes related to ‘Guardianship and Conservatorship for Disabled Persons,’ KRS 387.500 et seq., as remedial 7 rather than exclusive.”
L.D. v. J.H. (2011) kyctapp “720, whether or not committed in the presence of the child; (e) Any other crime committed by a parent which results in the death or permanent physical or mental disability of a member of that parent’s family or household; and (f) The existence of any guardianship or…”
Nordman v. The Evangelical Lutheran Good Samaritan Society, Inc. (2021) kywd · cites it 6× “All other court records of a respondent made in all proceedings under KRS 387.500 to 387.770 shall be confidential and shall not be open to the general public except as provided in subsection (3) of this section.”
Legacy Health Services, Inc. v. Christopher Jackson III as Administrator of the Estate of Christine Jackson (2021) kyctapp · cites it 4× “Interpreting KRS 387.500, et seq., in a way that allows a guardian authority to enter into contracts generally but denies that authority relative to an arbitration agreement is to create a rule violating the supremacy of the FAA, 9 U.”
Show all 23 citing cases →
— Ky. Rev. Stat. § 387.500(1) — 1 case
Kenneth Scott Higgins v. Ellie Scorsone-Stovall (2023) kyctapp
— Ky. Rev. Stat. § 387.500(2) — 2 cases
GGNSC Stanford, LLC v. Rowe (2012) kyctapp “See KRS 387.500(2) (“guardianship and conservator-ship for disabled persons shall be utilized .”
Legacy Health Services, Inc. v. Christopher Jackson III as Administrator of the Estate of Christine Jackson (2021) kyctapp “Interpreting KRS 387.500, et seq., in a way that allows a guardian authority to enter into contracts generally but denies that authority relative to an arbitration agreement is to create a rule violating the supremacy of the FAA, 9 U.”
— Ky. Rev. Stat. § 387.500(3) — 1 case
Rice v. Floyd (1989) ky “Such a person is a fiduciary who may be questioned as to mismanagement of the principal's affairs to the same effect, if not by the same statutory procedure, as is true with a guardian appointed pursuant to KRS 387.500 et seq. The guardianship statutes, as presently revised,…”
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