Kentucky Statutes 388.220 – Guardian or conservator representing five or more wards not eligible — Exceptions
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(1) Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian or conservator of any minor or mentally disabled beneficiary of the Veterans Affairs if such proposed guardian or conservator shall at that time be acting as guardian or conservator for five (5) wards. In any case, upon presentation of a petition by an attorney of the Veterans Affairs under this section alleging that a guardian or conservator is acting in a fiduciary capacity for more than five (5) wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian or conservator and shall discharge such guardian or conservator in said case.
(2) The limitations of this section shall not apply where the guardian or conservator is a bank or trust company. An individual may be guardian or conservator of more than five (5) wards if they are all members of the same family.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 42, sec. 23, effective June 29, 2017. — Amended 1982 Ky. Acts ch. 141, sec. 118, effective July 1, 1982. — Created
1942 Ky. Acts ch. 25, sec. 3.
Note. 1980 Ky. Acts ch. 396 sec. 129 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.
(2) The limitations of this section shall not apply where the guardian or conservator is a bank or trust company. An individual may be guardian or conservator of more than five (5) wards if they are all members of the same family.
Terms Used In Kentucky Statutes 388.220
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- court: means the District Court of the county of the beneficiary's residence. See Kentucky Statutes 388.190
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes a partnership, corporation or an association. See Kentucky Statutes 388.190
- Veterans Affairs: means the United States Department of Veterans
Affairs, its predecessors or successors. See Kentucky Statutes 388.190
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 42, sec. 23, effective June 29, 2017. — Amended 1982 Ky. Acts ch. 141, sec. 118, effective July 1, 1982. — Created
1942 Ky. Acts ch. 25, sec. 3.
Note. 1980 Ky. Acts ch. 396 sec. 129 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.