Elder Law
Guardianship & Conservatorship
Compassionate guidance when a loved one can no longer safely manage their own decisions or finances.
When a Loved One Needs Help Deciding
Sometimes a person can no longer make safe decisions about their care, their living situation, or their money — because of dementia, a brain injury, a serious mental illness, or an intellectual or developmental disability. If that person never signed powers of attorney, or if those documents are not enough, a court may need to appoint someone to help. Families often reach this point after a fall, a hospital stay, or a worrying pattern of unpaid bills.
In Kentucky, a guardian is generally responsible for personal decisions, such as where a person lives and what medical care they receive. A conservator is generally responsible for managing money and property. Depending on what the person needs, a court may appoint one, both, or a more limited form of help, and Kentucky courts try to preserve as much of the person’s independence as possible.
These cases are emotional for everyone. We help families understand whether court involvement is truly needed, explore alternatives where they exist, and guide petitioners and appointed guardians through each step with patience and care. Throughout the process, we keep the focus where it belongs: on the dignity, safety, and well-being of the person who needs help.
What We Handle
- Petitions for guardianship of adults
- Petitions for conservatorship of finances and property
- Limited guardianships and limited conservatorships
- Guardianship planning for young adults with disabilities
- Guidance for appointed guardians and conservators on ongoing duties
- Reviewing alternatives such as powers of attorney and healthcare surrogates
Planning Ahead Can Avoid Court
Many guardianship cases happen because no one signed the right documents while they still could. A durable financial power of attorney and a healthcare power of attorney let you choose, in advance, who will help you if you are ever unable to manage on your own.
If you are helping an aging parent who still has capacity, now is a good time to talk about powers of attorney and a living will. It is one of the kindest things a family can do for each other.
How It Works
- 1
Assess the Need
We talk about your loved one’s situation and whether less restrictive options, like powers of attorney, could work instead.
- 2
File & Prepare
If court involvement is needed, we prepare the petition, gather required information, and help you understand what the court will consider.
- 3
Court & Beyond
We guide you through the court process and help an appointed guardian or conservator understand their ongoing responsibilities.
Questions & Answers
Frequently Asked Questions
A guardian generally handles personal decisions such as healthcare and living arrangements. A conservator generally handles financial matters. A court may appoint one person for both roles, different people for each, or grant only limited authority.
When someone may lack the ability to make or communicate safe decisions, and there is no adequate plan in place, an interested person can ask the court to determine whether help is needed. The court then decides whether to appoint a guardian or conservator and how much authority to grant.
At a high level, someone files a petition, the person receives notice and has rights throughout the process, professionals evaluate the person’s abilities, and the court holds a hearing to decide. The details vary by county and by case.
Often, yes. If a person still has capacity, signing a durable power of attorney and a healthcare power of attorney can avoid the need for court. Supported decision-making and other limited arrangements may also help in some situations.
Yes. Kentucky law favors the least restrictive option, so a court may give a guardian or conservator authority over only certain areas of a person’s life while the person keeps other rights.
Guardians and conservators have ongoing responsibilities to the court and the person they serve, which may include reports, accountings, and acting in the person’s best interest. We help appointees understand and meet these duties.
Get Clear Answers About Guardianship
These decisions are hard. We will help you understand your options and take the next step with care.
