Guardianship and conservatorship in Kentucky: who, where, cost

How a court can name a guardian or conservator in Kentucky, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Limited guardian, guardian, limited conservator, conservator (and standby appointees)

Court: District Court of the county where the person lives or is domiciled.

What guardianship or conservatorship is

What it is called

Limited guardian, guardian, limited conservator, conservator (and standby appointees)

When a court may appoint one

Guardianship and conservatorship are used only as necessary, to encourage maximum self-reliance and independence, and only to the extent of the person's actual mental and adaptive limitations; partial (limited) guardianship or conservatorship is the preferred form. An interdisciplinary evaluation report by at least three professionals is filed before the hearing. The Commonwealth must prove disability or partial disability by clear and convincing evidence, and the hearing is a jury trial unless the conditions for a bench trial are met.

Law: KRS 387.500, 387.540, 387.570

Kinds

Limited guardian
Guardian
Limited conservator
Conservator
Standby guardian or conservator

Law: KRS 387.500-387.770

Who can ask, which court and your own choice

Who may ask

Any interested person, or the person who needs guardianship or conservatorship.

Law: KRS 387.530(1)

Court

District Court of the county where the person lives or is domiciled.

Law: KRS 387.520

Choosing your own

In a power of attorney you may nominate a limited conservator, conservator, limited guardian or guardian; the court treats it as your preference and gives it due consideration.

Law: KRS 457.080(1), 387.600

Effect on a power of attorney

If a court appoints a limited conservator, conservator, limited guardian or guardian of your estate, or another fiduciary for some or all of your property, the power of attorney ends unless the court specifically keeps it in effect. The petition must list any agent under a durable power of attorney and any health care surrogate.

Law: KRS 457.080(2), 457.100(1)(c); KRS 387.530(1)(j)

Cost, fee waiver and forms

Forms: Petition to Determine if Disabled (AOC-740, Rev. 4-26)

Other options and where to report abuse

Less restrictive options

Durable power of attorney and Living Will Directive: Agents and surrogates you name can act without a court case.
Limited guardianship or conservatorship: Kentucky law makes partial (limited) guardianship or conservatorship the preferred form when some protection is needed.

Report abuse or exploitation

Cabinet for Health and Family Services, Department for Community Based Services, Adult Protection Branch · 1-877-597-2331

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Free help in Kentucky

Report abuse or exploitation

Cabinet for Health and Family Services, Department for Community Based Services, Adult Protection Branch · 1-877-597-2331

Questions about powers of attorney in Kentucky

How does guardianship or conservatorship work in Kentucky?

What are the alternatives to guardianship in Kentucky?

Durable power of attorney and Living Will Directive; Limited guardianship or conservatorship.

More for Kentucky

Federal rules everywhere

These rules come from federal law and apply in every state.

Social Security and SSI — A power of attorney does not let the agent handle someone's Social Security or SSI payments. The Treasury Department does not recognize a power of attorney for federal payments. More →
Law: SSA POMS GN 00502.139 (A.6, B.5)
VA benefits — If a veteran or other VA beneficiary cannot manage VA benefits, VA appoints a fiduciary. VA decides that a person cannot manage their financial affairs only after it receives medical evidence or after a court has already decided this. More →
Taxes (IRS) — To let someone represent you before the IRS, use Form 2848. The person must be eligible to practice before the IRS; this includes certain family members: a spouse, parent, child, brother, sister, grandparent, grandchild, step-parent, step-child, step-brother or step-sister.
Law: IRS, Instructions for Form 2848 (Rev. Sept. 2021); Form 2848 (Rev. Jan. 2021)
Medicare and health privacy — 1-800-MEDICARE can share a person's information with you only with that person's written permission on Form CMS-10106 (online through their Medicare.gov account, or by mail). If you sign as a personal representative, attach a copy of the paper that shows you can act for the person, such as a power of attorney.
Law: CMS, Form CMS-10106 (03/2026)
Hospitals and your directive — Hospitals, nursing homes, home health agencies and hospice programs that take Medicare or Medicaid, and Medicare and Medicaid health plans, must give adult patients written information about their rights under state law to accept or refuse treatment and to make advance directives. More →
Law: 42 U.S.C. 1395cc(f) (Patient Self-Determination Act); 42 U.S.C. 1396a(w) (Medicaid)
Military — A military power of attorney, notarized under federal military notary law or other state or federal law, does not have to meet any state's form, signing or recording rules.
Law: 10 U.S.C. 1044b
If you are an agent — An agent is a fiduciary. The federal consumer agency (CFPB) describes four basic duties. Your state law and the document itself may add more. More →
Report exploitation — Adult protective services agencies receive and investigate reports of suspected abuse, neglect or financial exploitation of older adults and adults with disabilities. You can also call the police or sheriff.