Guardianship Program
For over a decade, GuardiaCare has served as court-appointed Guardian or Conservator for individuals in nearly every corner of Jefferson County. Commitment to the clients, and staff expertise in this area, has resulted in the agency currently serving as Guardian, Conservator or Curator for over 150 clients in just the past year.
FAQ’s (Frequently Asked Questions)
Q. What services are provided by the court program?
A. The following services are provided:
Curator – GuardiaCare can serve as Curator for individuals who have assets and income beyond Social Security benefits that must be managed. Curatorships are only done for individuals who are still able to make their own legal decisions and who are not cognitively impaired. Once a Curatorship is established in Probate Court, an Inventory is filed within 60 days and Financial Accountings are filed annually. The Curator may access income and other assets of the client to assure funds are protected and used for the needs of the individual. Because this appointment is voluntary, either the client or the agency may file a motion in Probate Court to request that the Curatorship be dissolved.
Conservator – A Conservator is appointed by Disability Court after a jury has determined the individual is too“disabled” to handle financial affairs. When making the appointment, the judge must consider the individual’s former Power of Attorney (POA), family or other specific preferences. However, the judge must select a Conservator that is “in the best interest” of the individual. It is not uncommon for GuardiaCare to serve only as Conservator while another may be appointed as Personal Guardian to manage medical decisions and living arrangements. An Inventory of the client’s assets and a Plan to Preserve Ward’sEstate is filed with Disability Court within 60 days of the appointment and a detailed Financial Accounting and Plan to Preserve Ward’s Estate is then filed annually for all Conservatorship clients. Unlike the Curatorship, the individual may not choose to have the Conservator discharged from his/her duties. However, the client, GuardiaCare or another interested party such as the Guardian Ad Litem or family member may file a motion with the court asking for a change to another Conservator.
Limited Guardian – At times, the jury may decide that the individual may not be fully disabled and should retain some of his/her rights. In that case, the judge will make the final decision on which rights may be retained. The rights listed on the appointment are the right to: vote, dispose of property, execute instruments, enter into contractual relationships, determine living arrangements, consent to medical procedures and maintain a motor vehicle operator’s license. The Limited Guardian must file an Inventory of the client’s asset along with a Plan to Preserve Ward’s Estate in Disability Court within 60 days of the appointment and a detailed Financial Accounting and Plan to Preserve Ward’s Estate is filed annually. The guardianship will be automatically reviewed in five (5) years and can only be changed by order of the court.
Full Guardian - When GuardiaCare serves as Full Guardian, GuardiaCare staff is responsible for making all personal and financial decisions for the individual. In making this appointment, the judge may include specific requirements as necessary. An Inventory of the client’s assets along with a Plan to Preserve Ward’s Estate is filed with Disability Court within 60 days of our appointment. A detailed Annual Report of thePersonal Guardian, a financial accounting and a Plan toPreserve Ward’s Estate is then filed annually for all guardianship clients. The Full Guardian may only be changed by order of the court.
Q. Can GuardiaCare serve as Power of Attorney (POA)?
A. No. Usually there is not a previous relationship between the client and the agency. To protect the client, we suggest the role of Curator. When the agency serves as Curator, a surety bond is usually required and the agency must file regular financial reports. Should there be any disagreement, the matter may be returned to the judge for a final decision.
Q. What fees are charged for service?
A. The Veteran’s Administration allows a fee of 5% of VA derived income for court-appointed clients (KRS 388.300).
The Kentucky Revised Statutes allow Curators to collect a fee of 5% of the client’s monthly income and an additional 5% of the principal balance of the estate at the time of disposition of the assets (KRS 395.150) .
Under state statute Guardianship clients are assessed a fee of 6% of monthly income and then an additional 6% of the principal balance of the estate at the time of disposition of the assets (KRS 386.180 and 387.760).
Q. What happens if the client’s expenses exceed the client’s income?
A. GuardiaCare budget priorities start with food and shelter. Additional bills are paid based on the level of priority until the funds are exhausted. GuardiaCare has no reserved funds to assist clients with bills once client funds are depleted.
Q. Does GuardiaCare assist in finding housing, arrange transportation, or apply for services on behalf of the client?
A. Because clients are encourage to be self sufficient, GuardiaCare will make referrals and then encourage clients to apply for needed services when they are able to do so. However, case managers will arrange for services on behalf of the guardianship clients as necessary.
Q. If GuardiaCare is appointed as Guardian, will the client be removed from their home and placed in a nursing facility?
A. Each case is assessed individually with the goal of ensuring that a client is in the least restrictive setting possible. If there are no safety concerns or if safety concerns can be reasonably resolved in the home setting, GuardiaCare will continue to keep clients in their home environment for as long as possible. However, if remaining in the home setting is no longer appropriate, case managers will seek a placement outside of the home in the least restrictive setting possible. While nursing facilities are one avenue of placement, others include assisted living, family care providers or relative placement if appropriate. Paid caregivers providing 24-hour care in the home are another option to consider, but proves to be far more expensive than any other alternative currently available.
Q. What happens to client funds when Guardiacare is no longer their Guardian/Conservator/Curator?
A. Upon receipt of the order of the court appointing a new Guardian, Conservator or Curator, GuardiaCare will turn over all assets to the newly appointed individual or agency. A final report detailing transactions from the last periodic settlement until the funds were released is then submitted to District Court for approval.
Q. What happens to the funds and property of a client if they die?
A. Upon the death of a client, GuardiaCare is prohibited by law to write checks or dispose of property except to the estate of the individual that has been opened in Probate Court. As an alternative, next of kin may petition Probate Court to Dispense with Administration of the estate and any property or funds would be issued as the court orders. Any remaining funds not claimed within 90 days are deposited into an agency’s Unclaimed Funds account until an order is received from Probate Court to release the funds. After seven years the funds are then sent to the Kentucky State Treasury Unclaimed Funds account.
