Guardianship and Conservatorship

Guardianship and conservatorship proceedings appoint someone to make personal and/or financial decisions for an adult who cannot manage those affairs because of disability. In Kentucky, these matters are handled in District Court under KRS 387.500 to 387.770. A guardian manages personal affairs, such as living arrangements and health care, and a conservator manages financial affairs. Kentucky law favors the least restrictive approach, with partial (limited) guardianship or conservatorship the preferred form of protection where it is enough (KRS 387.500).

A guardianship case is separate from probate of a decedent’s estate, but families often encounter both topics when planning for aging parents or when capacity issues arise. Planning ahead with powers of attorney and a living will can sometimes reduce the need for a court-appointed guardian. When a petition is necessary, a careful process protects the rights of the person involved. The disability must be proven by clear and convincing evidence, and the hearing is a jury trial unless specific conditions are met that allow it to be tried without a jury (KRS 387.570).

This page offers general information about Kentucky law, not legal advice. Reading it or contacting us does not create an attorney-client relationship; that begins only when we agree in writing to represent you. See our advertising notice.

How We Help

  • Evaluate whether guardianship or conservatorship is appropriate, or whether less restrictive options exist.
  • Prepare petitions and supporting documents.
  • Guide petitioners through the hearing and appointment.
  • Advise guardians and conservators on their ongoing duties and reports to the court.

Legal Fees

Legal fees: $300 per hour. This applies to guardianship and conservatorship matters. We will explain our fee arrangement and the likely scope of work at the start and put the engagement terms in writing before we begin.

Contact Us

To talk with us about this matter, call (859) 444-4695 or contact our office. If it is easier to start online, our secure intake form works too. We are located at 226 N. Upper St., Lexington, Kentucky 40507.