Kentucky Revised Statutes

Ky. Rev. Stat. § 387.640 (2026)

Duties of limited guardian or guardian

✓ current as of May 2026

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It shall be the general duty of the limited guardian or guardian to carry out diligently and in good faith the specific duties and powers assigned by the court and to:

(1) Assure that the personal, civil, and human rights of the ward are protected; and

(2) Encourage the ward to:

(a) Participate to the maximum extent of his abilities in all decisions which affect him;

(b) Act in his own behalf on all matters in which he is able to do so; and

(c) Develop or regain, to the maximum extent possible, his capacity to meet the essential requirements for his physical health or safety, and, if impaired, his capacity to manage his financial resources. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 141, sec. 15, effective July 1, 1982.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2004–2022 · 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 4× “Pursuant to KRS 387.640, a limited guardian or guardian, has the general duty to carry out diligently and in good faith the specific duties and powers assigned by the Court and, in part, to assure that the personal, civil and human rights of the ward are protected.”

Christopher Jackson, III, as Adm'r of the Est. of Christine Jackson v. Legacy Health Servs., Inc. (Ky. 2022). · cites it 4× “5 Though the trial court referenced KRS 387.640 in its conclusions of law, we believe this was a typographical error, as the text of the statute the trial court referenced was clearly KRS 387.”

Charles E. Brooks by Elderserve, Inc., Legal Guardians v. Hon Tara Hagerty, Jefferson Circuit Court Judge, Fam. Div. 5 (Ky. 2021). · cites it 2× “]” A guardian’s specific duties include seeing to the ward’s financial well-being,52 providing for the ward’s care, comfort, and maintenance,53 and consenting to necessary medical care.”

— Ky. Rev. Stat. § 387.640(1) — 3 cases

Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004). “Pursuant to KRS 387.640, a limited guardian or guardian, has the general duty to carry out diligently and in good faith the specific duties and powers assigned by the Court and, in part, to assure that the personal, civil and human rights of the ward are protected.”

Charles E. Brooks by Elderserve, Inc., Legal Guardians v. Hon Tara Hagerty, Jefferson Circuit Court Judge, Fam. Div. 5 (Ky. 2021). “]” A guardian’s specific duties include seeing to the ward’s financial well-being,52 providing for the ward’s care, comfort, and maintenance,53 and consenting to necessary medical care.”

— Ky. Rev. Stat. § 387.640(2) — 2 cases

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