Kentucky Revised Statutes

Ky. Rev. Stat. § 387.660 (2026)

Specific powers and duties of guardian

✓ current as of May 2026
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A guardian of a disabled person shall have the following powers and duties, except as modified by order of the court: (1) To establish the ward's place of abode within the state, except that, if at any time a guardian places a ward in a licensed residential facility for developmentally disabled persons, the guardian shall, within thirty (30) days of such placement, file with the court notice of the placement, stating with specificity the reasons for such placement, and an interdisciplinary evaluation report detailing the social, psychological, medical or other considerations on which such placement is predicated, a description of the treatment or habilitation programs which will benefit the ward as a result of such placement, and a determination that such placement will provide appropriate treatment in the least restrictive available treatment and residential program. For purposes of this subsection, the interdisciplinary evaluation report may be one performed within two (2) months prior to the placement for purposes of determining whether such placement is necessary and appropriate, or may be an evaluation and assessment provided by the residential facility immediately after placement. Notice to the court shall not be required where the ward is transferred from one licensed residential facility to another; (2) To make provision for the ward's care, comfort, and maintenance and arrange for such educational, social, vocational, and rehabilitation services as are appropriate and as will assist the ward in the development of maximum self-reliance and independence; (3) To give any necessary consent or approval to enable the ward to receive medical or other professional care, counsel, treatment or service, except that a guardian may not consent on behalf of a ward to an abortion, sterilization, psychosurgery, removal of a bodily organ, or amputation of a limb unless the procedure is first approved by order of the court or is necessary, in an emergency situation, to preserve the life or prevent serious impairment of the physical health of the ward; (4) To act with respect to the ward in a manner which limits the deprivation of civil rights and restricts his personal freedom only to the extent necessary to provide needed care and services to him; and (5) To expend sums from the financial resources of the ward reasonable and necessary to carry out the powers and duties assigned to him by the court. If a separate limited conservator or conservator has been appointed for the ward, the expenditure of funds by the limited guardian shall be consistent with the duties assigned to and procedures and policies established by such limited conservator or conservator. Conflicts arising between a limited guardian and a limited conservator or conservator regarding the expenditure of funds which are unable to be otherwise resolved shall be submitted to the court for resolution. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 13, sec. 8, effective July 14, 2018. -- Created 1982 Ky. Acts ch. 141, sec. 17, effective July 1, 1982.

Notes of Decisions
Cited in 9 cases (6 in the last 5 years), 1993–2025 · leading case: Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004).
Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004). · cites it 14× “We reject the argument of two of our amici that a guardian's authority with respect to health care decisions is restricted to those powers described in KRS 387.”
DeGrella by & Through Parrent v. Elston, 858 S.W.2d 698 (Ky. 1993). · cites it 2× “These statutes intend to provide services for incompetent persons not only as specifically articulated but also as reasonably inferable from the nature of the powers of a guardian, which include in KRS 387.660: "(2) To make provision for the ward's care, comfort and maintenance.”
GGNSC Stanford, LLC v. Rowe, 388 S.W.3d 117 (Ky. Ct. App. 2012). “KRS 387.660; see also Scott, 956 S.W.2d at 904 ; Jones v.”
Christopher Jackson, III, as Adm'r of the Est. of Christine Jackson v. Legacy Health Servs., Inc. (Ky. 2022). · cites it 15× “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 387.660. For the purposes of this Opinion, then, we assume the trial court found that Christopher lacked the authority as guardian to…”
Greenville Nursing & Rehab., LLC v. Majors (W.D. Ky. 2023). · cites it 9× “§ 387.660. Larry signed a contract with Greenville Nursing on his mother’s behalf.”
Charles E. Brooks by Elderserve, Inc., Legal Guardians v. Hon Tara Hagerty, Jefferson Circuit Court Judge, Fam. Div. 5 (Ky. 2021). · cites it 5× “54 Notably, while guardians may consent to necessary medical care, KRS 387.660(3) limits the guardian’s ability when those treatments are of a highly personal nature such as abortion, sterilization, or amputation.”
Charles E. Brooks by Elderserve, Inc., Legal Guardians v. Hon Tara Hagerty, Jefferson Circuit Court Judge, Fam. Div. 5 (Ky. 2021). · cites it 5× “54 Notably, while guardians may consent to necessary medical care, KRS 387.660(3) limits the guardian’s ability when those treatments are of a highly personal nature such as abortion, sterilization, or amputation.”
Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Ctr. of Excellence v. Sandra Norris, as Adm'x of the Est. of Rayford Charles Norris (Ky. 2025). · cites it 4× “The Court noted, pursuant to KRS 387.660, that a guardian must act “in a manner which limits the deprivation of civil rights.”
Legacy Health Servs., Inc. v. Christopher Jackson III as Adm'r of the Est. of Christine Jackson (Ky. Ct. App. 2021). “, are “remedial rather than exclusive. These statutes intend to provide services for incompetent persons not only as specifically articulated but also as reasonably inferable from the nature of the powers of a guardian, which include in KRS 387.”
— Ky. Rev. Stat. § 387.660(2) — 2 cases
Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004). “We reject the argument of two of our amici that a guardian's authority with respect to health care decisions is restricted to those powers described in KRS 387.”
Christopher Jackson, III, as Adm'r of the Est. of Christine Jackson v. Legacy Health Servs., Inc. (Ky. 2022). “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 387.660. For the purposes of this Opinion, then, we assume the trial court found that Christopher lacked the authority as guardian to…”
— Ky. Rev. Stat. § 387.660(3) — 5 cases
Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004). “We reject the argument of two of our amici that a guardian's authority with respect to health care decisions is restricted to those powers described in KRS 387.”
Charles E. Brooks by Elderserve, Inc., Legal Guardians v. Hon Tara Hagerty, Jefferson Circuit Court Judge, Fam. Div. 5 (Ky. 2021). “54 Notably, while guardians may consent to necessary medical care, KRS 387.660(3) limits the guardian’s ability when those treatments are of a highly personal nature such as abortion, sterilization, or amputation.”
Charles E. Brooks by Elderserve, Inc., Legal Guardians v. Hon Tara Hagerty, Jefferson Circuit Court Judge, Fam. Div. 5 (Ky. 2021). “54 Notably, while guardians may consent to necessary medical care, KRS 387.660(3) limits the guardian’s ability when those treatments are of a highly personal nature such as abortion, sterilization, or amputation.”
Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Ctr. of Excellence v. Sandra Norris, as Adm'x of the Est. of Rayford Charles Norris (Ky. 2025). “The Court noted, pursuant to KRS 387.660, that a guardian must act “in a manner which limits the deprivation of civil rights.”
Christopher Jackson, III, as Adm'r of the Est. of Christine Jackson v. Legacy Health Servs., Inc. (Ky. 2022). “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 387.660. For the purposes of this Opinion, then, we assume the trial court found that Christopher lacked the authority as guardian to…”
— Ky. Rev. Stat. § 387.660(4) — 5 cases
Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004). “We reject the argument of two of our amici that a guardian's authority with respect to health care decisions is restricted to those powers described in KRS 387.”
Greenville Nursing & Rehab., LLC v. Majors (W.D. Ky. 2023). “§ 387.660. Larry signed a contract with Greenville Nursing on his mother’s behalf.”
Christopher Jackson, III, as Adm'r of the Est. of Christine Jackson v. Legacy Health Servs., Inc. (Ky. 2022). “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 387.660. For the purposes of this Opinion, then, we assume the trial court found that Christopher lacked the authority as guardian to…”
Charles E. Brooks by Elderserve, Inc., Legal Guardians v. Hon Tara Hagerty, Jefferson Circuit Court Judge, Fam. Div. 5 (Ky. 2021). “54 Notably, while guardians may consent to necessary medical care, KRS 387.660(3) limits the guardian’s ability when those treatments are of a highly personal nature such as abortion, sterilization, or amputation.”
Charles E. Brooks by Elderserve, Inc., Legal Guardians v. Hon Tara Hagerty, Jefferson Circuit Court Judge, Fam. Div. 5 (Ky. 2021). “54 Notably, while guardians may consent to necessary medical care, KRS 387.660(3) limits the guardian’s ability when those treatments are of a highly personal nature such as abortion, sterilization, or amputation.”
— Ky. Rev. Stat. § 387.660(5) — 3 cases
Christopher Jackson, III, as Adm'r of the Est. of Christine Jackson v. Legacy Health Servs., Inc. (Ky. 2022). “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 387.660. For the purposes of this Opinion, then, we assume the trial court found that Christopher lacked the authority as guardian to…”
Charles E. Brooks by Elderserve, Inc., Legal Guardians v. Hon Tara Hagerty, Jefferson Circuit Court Judge, Fam. Div. 5 (Ky. 2021). “54 Notably, while guardians may consent to necessary medical care, KRS 387.660(3) limits the guardian’s ability when those treatments are of a highly personal nature such as abortion, sterilization, or amputation.”
Charles E. Brooks by Elderserve, Inc., Legal Guardians v. Hon Tara Hagerty, Jefferson Circuit Court Judge, Fam. Div. 5 (Ky. 2021). “54 Notably, while guardians may consent to necessary medical care, KRS 387.660(3) limits the guardian’s ability when those treatments are of a highly personal nature such as abortion, sterilization, or amputation.”
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