Occasionally, adults are unable to manage their personal affairs and/or finances. The inability to care for oneself might begin at birth due to mental illness, developmental disability, or intellectual disability or may occur during adulthood through catastrophic injury/illness or because of dementia or Alzheimer’s disease. Persons with such disabilities can be a danger to themselves and are often the targets of unscrupulous persons who take advantage of them.

If any of the aforementioned conditions exist, Kentucky law provides that a petition may be filed in District Court to determine if the person is disabled. The term “disabled” as used in these proceedings is a legal disability, not a medical disability, and is measured by functional inabilities. It refers to a person 17-years-of-age or older who is:

1. Unable to make informed decisions with respect to personal affairs to such an extent that (s)he lacks the capacity to provide for her/his physical health and safety, including but not limited to health care, food, shelter, clothing or personal hygiene; or
2. Unable to make informed decisions as to her/his financial resources to such an extent that (s)he lacks the capacity to manage her/his property effectively by those actions necessary to obtain, administer and dispose of both real and personal property.

Such inability must be evidenced by acts or occurrences within six months prior to the date of filing of the petition and cannot be evidenced solely by isolated instances of negligence, improvidence, or other behavior. If the person is determined to be disabled by a jury or judge, the court will appoint a guardian to manage all of the affairs of the disabled person, similar to that of a parent managing the affairs of a minor child, or will appoint a conservator to only manage the finances of the disabled person. The guardian or conservator must periodically report to the court.

If you have a loved one whom you believe is disabled, please call (270) 389-0591 and we will assist you in filing a petition with the District Court.