Resident guardians and conservators shall not remove out of this Commonwealth any of the property of their wards without first obtaining the approval of a District Court of the county in which the guardian or conservator was qualified. The District Court, upon the petition sworn to by the guardian or conservator and such proof as may be deemed necessary, may authorize the removal of the property of the ward out of this Commonwealth, upon terms and conditions that are equitable and just and will secure and protect the rights and interests of the ward. Guardians and conservators may be restrained from the unlawful removal of property of their wards out of this Commonwealth upon the petition of the ward by next friend, or upon the petition of any surety on the bond of the guardian or conservator.
Effective: July 13, 1990

Terms Used In Kentucky Statutes 387.200

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010

History: Amended 1990 Ky. Acts ch. 487, sec. 19, effective July 13, 1990. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2043.

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