Kentucky Revised Statutes

Ky. Rev. Stat. § 387.530 (2026)

Filing of petition -- Contents -- Application of person or entity desiring

✓ current as of May 2026

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appointment.

(1) A petition for a determination of partial disability or disability and the appointment of a limited guardian, guardian, limited conservator, or conservator may be filed by any interested person or by an individual needing guardianship or conservatorship. The petition shall set forth the following:

(a) The name and address of the respondent;

(b) The date of birth of the respondent, if known;

(d) The facts and reasons supporting the need for guardianship or conservatorship;

(e) A description and approximation of the value of the respondent's financial resources, including government benefits, insurance entitlements, and anticipated yearly income, if known;

(f) The names and addresses of the respondent's next of kin, if known;

(g) The name and address of the individual or facility, if any, having custody of the respondent;

(h) The name, address and interest of the petitioner;

(i) The name and address of the petitioner's attorney, if any; and

(j) The name and address of any person or entity appointed by the respondent as respondent's attorney in fact under a durable power of attorney or as respondent's surrogate to make health care decisions under an advance directive.

(2) The petition shall be accompanied by a verified application of the person or entity desiring appointment as limited guardian, guardian, limited conservator, or conservator. The application shall state the name, address, and qualifications of the applicant and his relationship to the respondent. If it is proposed that a standby limited guardian, guardian, limited conservator, or conservator be designated, the petition shall also be accompanied by the application of the person or entity desiring to be so designated. Additional petitions may be filed prior to the date of the hearing by other persons desiring appointment. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 185, sec. 29, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 421, sec. 3, effective July 15, 1998. -- Created 1982 Ky. Acts ch. 141, sec. 4, effective July 1, 1982.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1984–2026 · leading case: Rice v. Floyd, 768 S.W.2d 57 (Ky. 1989).

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Rice v. Floyd, 768 S.W.2d 57 (Ky. 1989). · cites it 2× “KRS 387.530(d) specifies that the petition for appointment of a guardian must specify the "facts and reasons supporting the need for guardianship.”

Commonwealth v. Cabinet for Human Resources, 686 S.W.2d 465 (Ky. Ct. App. 1984). “Although, at first glance, KRS 387.530 appears to restrict the appointment of a limited guardian or limited conservator to either an individual or entity which specifically applies for such an appointment — “a petition for a determination of partial disability or disability and…”

Sanders v. City of Pembroke (W.D. Ky. 2020). · cites it 2× “may be filed by any interested person or by an individual needing guardianship . . . .” Second, KRS § 387.510 defines an interested person or entity as “an adult relative or friend of the respondent or ward, an official or representative of a public of private agency,…”

Sanders v. City of Pembroke (W.D. Ky. 2020). · cites it 2× “Plaintiffs contend that the proceedings contemplated by both KRS § 387.530 and KRS § 387.740 are civil actions as defined by the Kentucky Rules of Civil Procedure and Kentucky case law, and as such, are “commenced with the filing of a complaint and issuance of a summons” under…”

Charles E. Brooks by Elderserve, Inc., Legal Guardians v. Hon Tara Hagerty, Jefferson Circuit Court Judge, Fam. Div. 5 (Ky. 2021). “KRS 387.530 vests the district courts with exclusive jurisdiction over all guardianship proceedings.”

Sanders v. City of Pembroke (W.D. Ky. 2020). “Specifically, KRS 387.530 states that “any interested person” may file a petition for guardianship.”

Donald Donta, Individually & as Tr. for Conrad Donta v. Robert Donta, Individually (Ky. Ct. App. 2026). “97-H- 00049-001, Boyd District Court On September 9, 1997, Kenneth Donta filed a Petition to Determine if Disabled pursuant to KRS 387.530, and an Application for Appointment of Guardian in Boyd District Court regarding Conrad Donta, his brother.”

— Ky. Rev. Stat. § 387.530(1) — 1 case

Sanders v. City of Pembroke (W.D. Ky. 2020). “may be filed by any interested person or by an individual needing guardianship . . . .” Second, KRS § 387.510 defines an interested person or entity as “an adult relative or friend of the respondent or ward, an official or representative of a public of private agency,…”

— Ky. Rev. Stat. § 387.530(d) — 1 case

Rice v. Floyd, 768 S.W.2d 57 (Ky. 1989). “KRS 387.530(d) specifies that the petition for appointment of a guardian must specify the "facts and reasons supporting the need for guardianship.”

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