Ky. Cir. Ct. Clerks' Manual DISABILITY PROCEEDINGS

30 DISABILITY PROCEEDINGS

KRS Chapter 387

District Court

 Disability proceedings include:

• Adjudging a person seventeen (17) years of age or older to be mentally or physically

disabled to manage his/her affairs;

• Determining that the person is no longer mentally or physically disabled.

NOTE: The county attorney is responsible for assisting the petitioner. KRS 387.560(3).

 Disability Petition

 Appointment of Guardian/Conservator

 Petition for Relief/Modification

 Emergency Appointments

 Disability Procedure Checklist

 Settlement for Minor or Person Under Disability

 Uniform Adult Guardianship and Protective Proceedings

30.1 Venue

Jurisdiction for disability cases lies in district court and venue for a respondent or ward who

is a Kentucky resident is:

• In the county where the respondent or ward resides;

• In the county of domicile of respondent or ward;

• In the county where parent of respondent or ward who is a minor is domiciled. KRS

387.520(2).

NOTE: If no local conservator has been appointed and no petition in a disability

proceeding is pending in this state, a domiciliary foreign conservator may file with a court

in this state in a county in which property belonging to the disabled person is located,

authenticated copies of the appointment and of any official bond given. The conservator

may then exercise as to assets in this state all powers of a local conservator and may

maintain actions and proceedings in this state subject to any conditions imposed on non-resident parties generally. KRS 387.520(3).

Process Map

DISABILITY PROCEEDINGS

30.2 Confidentiality

All court records in disability proceedings are confidential except:

• Orders of appointment

• Judgments

• Orders affecting judgments. KRS 387.770(1).

Any person seeking to obtain confidential information contained in the court files or records

may file a written motion stating why the information is needed. KRS 387.770(3). Maintain

a log of individuals and entities granted access to the files or records by court order. KRS

387.770(3).

30.3 Disability Petition

1. Upon receipt of AOC Form 740, Petition to Determine if Disabled and AOC Quick Reference

Form 745, Application for Fiduciary of Disabled Persons, collect the filing AOC Form 740

fee as set forth in the Accounting Manual and give a receipt. There is no AOC Form 745

jury filing fee. KRS 24A.170. Collect filing fee

Do not apply the FILED stamp or process the petition until the filing fees

are paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

2. Determine if the respondent has a prior case in your court. Open a case.

For more information, see Case Add in the KyCourts Manual. Assign an H

number to the disability case using the next pre-number folder and a

trailer number to each petition.

3. DO NOT proceed with the following steps unless filing fees have been paid, File, date, initial

In Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

4. Apply the FILED stamp; add the date and your initials. The petition will be AOC Form 765

filed in the confidential division of district court. Case type GCADLT

CONSVA

NOTE: AOC Form 765, Report of Interdisciplinary Evaluation Team is

required and may be filed with the petition or prior to the hearing. KRS 387.550(6). New

case type codes: GCADLT and CONSVA.

DISABILITY PROCEEDINGS

30.4 Hearing

 The hearing shall be a jury trial unless: Quick Reference

• The respondent if present, counsel for the respondent, and the attorney A jury trial should

for the Commonwealth agree to a bench trial; be scheduled until

• No objection to a bench trial is made by an interested person or entity; the court finds no

and cause to require a

jury trial.

• The interdisciplinary evaluation report prepared for the proceeding

reflects a unanimous consensus of the persons preparing it that the

respondent is disabled or partial disabled, the court has reviewed the

report, and the court finds no cause to require a jury trial. KRS 387.540.

1. If the petition is filed with AOC Form 765, Report of Interdisciplinary

Evaluation Team, use document code RIET. The jury trial must be held

within 30 days of the filing. KRS 387.570(1); 387.550(1).

* If petition filed

2. If no Interdisciplinary Evaluation report is filed with the petition, the jury

with

trial must be held within 60 days of the filing of the petition. KRS

AOC Form 765,

387.550(1).

jury

3. Upon receipt of AOC 780, Order Setting for Hearing, or AOC 782, Order trial within 30

Setting Bench Trial apply the ENTERED stamp; add the date and your days;

initials. document type

RIET

4. File on a document screen using document type OST OR OSDBT.

* If no AOC Form

5. Complete a scheduled event screen for a jury trial using code JT. 765,

jury trial in 60

6. Mail a copy of the order no less than 14 days before the hearing to all of

days

the following:

• Petitioner

Enter, date, initial

• Respondent

• Attorneys for both parties

• All persons named in the petition Document type

OST OR OSDBT

• Person proposed for appointment as limited guardian, guardian,

limited conservator, or conservator Scheduled event

code JT

• Person with whom or facility where respondent resides. KRS

387.550(2)

DISABILITY PROCEEDINGS

30.5 Summons

1. Prepare a summons on the respondent by completing a summons screen. Prepare a summons

CR 4.01(1)(b). AOC Form 706, Hospitalization/Disability Summons, may be

used for this purpose.

Serve summons

2. Serve the summons as prepared by the petitioner using the instructions

provided in Service of Process.

3. When a return of service is received, handle according to the instructions

provided in Service of Process.

NOTE: A civil summons may be issued on holidays and served on Sundays

and holidays upon an affidavit that the process cannot be executed after

that day. KRS 454.125.

30.6 Interdisciplinary Team

1. Upon receipt of AOC Form 750, Order for Examination, apply the Quick Reference

ENTERED stamp to the order; add the date and your initials. AOC Form 750

Enter, date, initial

2. File on a document screen using document type OE.

Document type OE

3. Complete party screen for each examiner using party type OP. Memo title

of examiner, if known. NOE

4. Give notice of entry by mailing a copy of the order to all of the following:

• Petitioner

• Respondent

• Attorneys for both parties

• Interdisciplinary Evaluation Team

• Individual or facility with custody of respondent

5. The Interdisciplinary report must be filed with court and served on

AOC Form 765

attorneys for both parties at least 10 days prior to hearing. KRS 387.540(7).

File, date, initial

Any attorney who does not represent the petitioner or respondent must

obtain a court order for a copy of the report. Document type

RIET

6. Upon receipt of AOC Form 765, Report of Interdisciplinary Evaluation

Team, apply the FILED stamp to the report; add the date and your

initials.

7. File on a document screen using document type RIET.

DISABILITY PROCEEDINGS

30.7 Appointment of Counsel

 If the respondent does not obtain counsel within one week of the filing, the court will

appoint counsel. KRS 387.560(1).

1. Upon receipt of AOC Form 755, Order Appointing Counsel, apply the AOC Form 755

ENTERED stamp to the order; add the date and your initials. Enter, date, initial

2. File on a document screen using document type OAC. Document type

3. Complete a party screen for the attorney. OAC

4. Give notice of entry by mailing a copy of the order to all of the following: Complete a party

screen

• Petitioner

• Respondent NOE

• Attorneys for both parties

• All persons named in petition or facility or person with whom

respondent resides

• Person proposed for appointment as limited guardian, guardian,

limited conservator, or conservator

DISABILITY PROCEEDINGS

30.8 Disability Judgment

1. Upon receipt of a signed AOC Form 785, Disability Judgment, apply the Quick Reference

ENTERED stamp; add the date and your initials. AOC Form 785

Enter, date, initial

2. File on a document screen using document type JDIS.

Document type

3. Give notice of entry by mailing the judgment: JDIS

Certified copies to: Copies to:

NOE

• Guardian or conservator • Petitioner

o If the Cabinet for Health and Family • Respondent

Services (“the Cabinet”) has been

• Attorneys for

appointed to act as executor,

both parties

administrator, guardian, limited guardian,

conservator, or limited conservator for the • All persons State Board of

disabled individual pursuant to KRS 387.600 named in Elections

and consistent with KRS 210.290, a copy of petition 140 Walnut Street

the judgment should also be emailed to the Frankfort, KY

• Facility where

Cabinet at the appropriate Branch email 40601-3240

or person with

address, list available here.

whom

• County clerk for recording. KRS 387.590(8) respondent

Petitioner is responsible for any recording fee. resides

• State Board of Elections, within 10 days after

judgment ONLY if the judge has ordered that the Kentucky

respondent shall not retain the right to vote by Department of

checking the box on the form. Transportation

o If wholly disabled, send certified copy of 200 Mero Street

judgment with respondent's date of birth Frankfort, KY

and social security number if possible. 40601

NOTE: If wholly disabled, also send a copy to

the Department of Transportation.

o If partially disabled, send certified copy of

judgment with respondent's date of birth

and social security number and certified

copy of Order Appointing Guardian or

Conservator.

DISABILITY PROCEEDINGS

30.9 Appointment of Guardian/Conservator

1. If the court orders a bond be posted, AOC Form 825, Fiduciary Bond may

be used. Collect the bond filing fee as set forth in the Accounting Manual

and give a receipt. KRS 64.005.

NOTE: Clerk must attest to the fiduciary/surety identity and signature

and administer the oath. KRS 395.140(2)

Oath to Fiduciaries: “Do you solemnly swear or affirm that you will

faithfully perform the duties of ________________ according to law?”

KRS. 62.030.

2. Apply the FILED stamp to bond; add the date and your initials and file by

completing a document screen.

NOTE: If the District Court directs that the assets of a ward’s estate be

deposited in a restricted account, the guardian or conservator is exempt

from giving surety on his/her bond. KRS 387.070.

3. Upon receipt of AOC Form 770, Order of Appointment of Conservator

and/or AOC Form 775, Order of Appointment of Guardian, and any bond

required has been posted, apply the ENTERED stamp to the Order; add

the date and your initials.

4. File by completing a document screen using the appropriate document

type. KRS 395.130, 62.060.

• If the petitioner is a guardian, use OAG

• If the petitioner is a conservator, use OCON

5. Give notice of entry of the Order of Appointment by mailing:

Quick Reference

AOC Form 825

Collect bond filing

fee

File, date, initial

AOC Form 770

AOC Form 775

Enter, date, initial

Document type

* If guardian - OAG

* If conservator -

OCON

NOE

AOC Form 760

Enter, date, initial

Document type

OAF

Certified copies to: Copies to:

• Guardian or conservator

o If the Cabinet for Health and Family

Services (“the Cabinet”) has been

appointed to act as executor,

administrator, guardian, limited

guardian, conservator, or limited

conservator for the disabled individual

pursuant to KRS 387.600 and

consistent with KRS 210.290, a copy of

the judgment should also be emailed

to the Cabinet at the appropriate

Branch email address, list available

here.

• County clerk for recording. KRS 387.590(8)

• Petitioner

• Respondent

• Attorneys for both

parties

• All persons named

in petition

• Facility where or

person with

whom respondent

resides

DISABILITY PROCEEDINGS

NOTES:

• Petitioner is responsible for any recording fee.

• Do not advertise the appointment of the guardian or conservator. KRS

395.610(2).

6. Close the case screen by completing the disposition date, disposition type, and judge at

disposition fields.

7. Enter any order awarding fees. AOC Form 760, Order Awarding Fees may be used. KRS

387.540(8), 387.560(2).

8. Apply the ENTERED stamp; add date and your initials.

9. File by completing a document screen using document type OAF.

10. Serve notice of entry on the person or entity to whom fees are awarded.

Inventory and Settlement

KRS 387.670(4), 387.710

 The inventories and settlements listed below must be filed by:

o A guardian or conservator for a minor;

o A conservator or limited conservator for a disabled person

 A guardian for a disabled person (who is not also appointed as a conservator or limited

conservator) is not required to file inventories and settlements but is required to file an

annual report.

An inventory within 60 days of appointment, KRS 387.710(1) Quick Reference

1. Apply FILED stamp to inventory; add the date and your initials.

Document type INV

2. File the inventory on a document screen using document code INV.

A settlement every two years, within 120 days of the anniversary of the appointment, KRS

387.710(2), (may be informal if ward has no real property and possesses personal property

of $2500 or less for any year of the biennial report. KRS 387.710(2)(c).

1. Apply FILED stamp to settlement; add the date and your initials. File, date, initial

2. File the settlement on a document screen. File on document

3. Present the settlement to the judge for approval. screen

DISABILITY PROCEEDINGS

A final settlement upon termination of appointment, KRS 387.710(3)

1. Apply FILED stamp to settlement; add the date and your initials. File, date, initial

2. File the settlement on a document screen. File on document

3. Present the settlement to the judge for approval. screen

4. Return to fiduciary based on the following:

• If no exceptions are filed within 30 days after settlement is approved,

return vouchers to fiduciary.

• If exceptions are filed, retain until settled, then return to fiduciary.

An annual report as to the ward's condition, KRS 387.670

1. Apply FILED stamp to the report; add the date and your initials. AOC File, date, initial

Form 790, Annual Report of Guardian may be used. AOC Form 790

2. File the report on a document screen using document code RGD. Document code

RGD

3. Present the annual report to the judge for approval.

NOTE: Do not advertise reports or settlements of the guardian or

conservator. KRS 395.610(2).

30.9.2 Delinquent Inventory and Settlements

 You must report in writing to the judge each month the names and Quick Reference

addresses of all fiduciaries who are delinquent in filing an inventory or a Set up tickler

settlement. KRS 395.635. system

1. Set up a tickler system to alert you of the names to be reported by

completing a scheduled events screen for the date the inventory or

settlement is due. Present calendar to

judge

2. Print and present the calendar to the judge on a monthly basis.

3. If the inventory or settlement is filed before the due date, delete schedule

event using instructions in the Counter Screen section of the KyCourts

Manual.

DISABILITY PROCEEDINGS

30.10 Designation of Standby Guardian or Conservator

1. Upon receipt of AOC Form 777, Verified Petition for the Voluntary

AOC Form 777

Appointment of a Guardian or Conservator and Standby Guardian and

File, date, initial

Order KRS 387.330, apply the FILED stamp; add the date and your

initials.

Document types

2. File the application by completing a document screen using the following * PVA

document types: * If guardian - OAG

* If conservator -

• PVA

OCON

• If the petitioner is a guardian, use OAG

• If the petitioner is a conservator, use OCON

3. Do not issue a summons. Do not issue

summons

4. Deliver the case file to the judge. If the judge directs, schedule a hearing

and give notice. Complete a scheduled events screen for the date of the

hearing.

DISABILITY PROCEEDINGS

30.10.1 Court Action for Designation of Standby

Guardian/Conservator

Quick Reference

1. Upon receipt of AOC Form 777, Verified Petition for the Voluntary AOC Form 777

Appointment of a Guardian or Conservator and Standby Guardian and Enter, date, initial

Order, apply the ENTERED stamp; add the date and your initials.

2. Enter on a document screen using the appropriate document type. Document type

• If the petitioner is a guardian, use OAG * If guardian - OAG

* If conservator -

• If the petitioner is a conservator, use OCON OCON

3. Give notice of entry to the attorneys of record and all parties not

represented by counsel. Include notice of entry date and method. For

more information, see Notice of Entry.

4. If the order designates the applicant as standby guardian or conservator, Give notice of entry

the applicant has 10 days following death, resignation, removal or

incapacity of the guardian or conservator to accept the designation as

standby guardian or conservator.

5. Upon receipt of an acceptance of the designation of standby guardian or

conservator, apply the FILED stamp; add the date and your initials. File, date, initial

6. File by completing a document screen.

7. Serve a copy of the acceptance on the ward by mailing a copy to the ward

and his/her nearest adult relative.

DISABILITY PROCEEDINGS

30.10.2 Appointment of Standby Guardian or Conservator

1. Upon receipt of AOC Form 770, Order of Appointment of Conservator or Quick Reference

AOC Form 775, Order of Appointment of Guardian and AOC Form 825, AOC Form 770

Fiduciary Bond (KRS 395.130, 62.060), collect the bond filing fee (if any AOC Form 775

bond is required) as set forth in the Accounting Manual and give a receipt. AOC Form 825

NOTE: Clerk must attest to the fiduciary/surety identity and signature Collect bond filing

and administer the oath. KRS 395.140(2) fee

Oath to Fiduciaries: “Do you solemnly swear or affirm that you will

Enter order, date,

faithfully perform the duties of ________________ according to law?”

initial

KRS. 62.030.

2. Apply the ENTERED stamp to the order; add the date and your initials.

3. Enter the order on a document screen using the appropriate document

type.

• If the petitioner is a guardian, use OAG Document type

* If guardian - OAG

• If the petitioner is a conservator, use OCON * If conservator -

4. Apply the FILED stamp to the bond; add the date and your initials. OCON

5. Enter on a document screen using document type BF.

File bond, date,

6. Give notice of entry of the Order of Appointment by mailing: initial

Document type BF

Certified copies to: Copies to:

• Guardian or conservator • Petitioner

• County clerk for recording. • Respondent

KRS 387.590(8)

• Attorneys for both parties

• All persons named in petition

• Facility where or person with

whom respondent resides

NOTES:

• Petitioner is responsible for any recording fee.

• Do not advertise the appointment of the guardian or conservator. KRS

395.610(2)

30.10.3 Inventory and Settlement

A standby guardian or conservator must file (KRS 387.670(4), 387.710):

• Inventory/Settlement Information

NOTE: Do not advertise reports or settlements of the standby guardian or conservator.

KRS 395.610(2).

• Delinquent Inventory and Settlements

DISABILITY PROCEEDINGS

30.10.4 Voluntary Appointment of Guardian or Conservator on

Contingency

1. When AOC Form 777, Verified Petition for the Voluntary Appointment of a Quick Reference

Guardian or Conservator and Standby Guardian and Order is received (KRS AOC Form 777

387.330), collect filing fees as set forth in the Accounting Manual and give Collect filing fees

a receipt.

Do not apply the FILED stamp or process the petition until the filing fees

are paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

2. Open a case. For more information, see Case Add in the KyCourts Manual.

3. DO NOT proceed with the following steps unless filing fees have been paid,

In Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

File, date, initial

4. Apply the FILED stamp to the petition; add the date and your initials.

5. Immediately close the case screen by completing the disposition date,

disposition type and judge at disposition.

30.10.5 Revocation

1. If a signed revocation of the voluntary petition is received, apply the File, date, initial

FILED stamp to the revocation; add the date and your initials.

2. File by completing a document screen.

30.11 Judicial Proceedings

1. At such time as a verified statement is received apply the FILED stamp to File, date, initial

the verified statement; add the date and your initials.

2. File by completing a document screen.

3. Deliver the case file to the judge. Deliver file to judge

4. If the judge directs, schedule a hearing and give notice. Complete a Schedule a hearing

scheduled events screen for the date of the hearing. (if necessary)

30.11.1 Appointment of Guardian/Conservator

For more information see Appointment of Guardian/Conservator.

DISABILITY PROCEEDINGS

30.11.2 Inventory and Settlement

For more information, see Inventory and Settlement or Delinquent Inventory and

Settlements.

30.12 Petitions for Relief, Modification

A respondent in a disability case may petition the court (written or oral) for the

appointment of an individual to assist the respondent in preparing a written Petition for

Relief, Modification or Termination of a Disability Order entered by any court in the

Commonwealth. KRS 387.620.

30.12.1 Case Filed in Your Court

• Oral Request: In the existing case, schedule a hearing, as directed by the Quick Reference

court, by completing a scheduled events screen.

• Written Request:

1. Apply the FILED stamp to the petition; add the date and your File, date, initial

initials.

2. File in the existing case by completing a document screen. Schedule hearing

3. Schedule a hearing, as directed by the court, by completing a

scheduled events screen.

• Order Appointing: Enter, date, initial

1. Apply the ENTERED stamp; add the date and your initials. File on document

screen

2. File by completing a document screen.

Notice of Entry

3. Serve notice of entry on the respondent and the individual appointed

to assist the respondent.

DISABILITY PROCEEDINGS

30.12.2 Not a Case in Your Court

Open a “H” case. For more information, see Case Add in the KyCourts Manual.

• Oral Request: Schedule a hearing, as directed by the court, by completing H Case

a scheduled events screen.

• Written Request:

1. Apply the FILED stamp to the petition; add the date and your File, date, initial

initials.

2. File in the case by completing a document screen.

3. Schedule a hearing, as directed by the court, by completing a

scheduled events screen.

• Order Appointing: Enter, date, initial

1. Apply the ENTERED stamp; add the date and your initials.

File on document

2. File by completing a document screen. screen

3. Serve notice of entry on the respondent and the individual appointed Notice of entry

to assist the respondent.

DISABILITY PROCEEDINGS

30.12.3 Petition for Relief, Modification or Termination

1. Upon receipt of AOC Form 795, Petition for Relief, Modification or Quick Reference

Termination, apply the FILED stamp to the petition; add the date and AOC Form 795

your initials. File, date, initial

NOTE: Any request for assistance in completing a petition for relief,

modification, or termination should be presented to the court for

appointment of a person to prepare a petition on behalf of the requestor.

2. File on a document screen in the case using document type PRMT. Document type

3. Schedule a hearing to be held within 30 days of the filing of the petition, by PRMT

completing a scheduled events screen. KRS 387.620(4). Schedule hearing to

4. Give notice of the hearing to all parties and persons named in the petition be held within 30

no less than 14 days prior to the hearing. KRS 387.620(4). days

5. If an order is received appointing counsel, apply the ENTERED stamp; add

the date and your initials

6. Enter on a document screen using document code OAC. Enter order, date,

initial

7. If a motion for a jury trial is received, apply the FILED stamp; add the

date and your initial.

Document type

8. File a motion screen. OAC

File motion, date,

9. Complete a scheduled events screen for the jury trial date.

initial

10. Upon receipt of a signed AOC-798 Order Terminating Disability and

Restoring Rights, or of a signed order, apply the ENTERED stamp; add the

date and your initials.

11. Enter by completing a document screen. Memo the details of the relief,

modification, or termination. Enter signed order,

12. Give notice of entry to all parties and persons named in the petition. date, and initial

13. Send a certified copy of restoration judgment, modification, or dissolution

of guardianship to the County Clerk for recording. KRS 387.620(7).

14. Send certified copy of restoration judgment, modification, or dissolution of

guardianship to originating court if restoration judgment, modification, or Serve notice of

dissolution of guardianship is ordered by court other than where original entry

judgment was entered. KRS 387.620(8).

30.13 Emergency Appointments

KRS 387.740

 The court may exercise powers of limited guardian or conservator or appoint one if:

• There is a disability proceeding pending, including appeal.

• There is a danger of serious impairment to the health or safety of respondent or

damage or dissipation to his property if immediate action is not taken. KRS 387.740(1).

DISABILITY PROCEEDINGS

30.13.1 Petition for Emergency Appointment Received

Quick Reference

1. Upon receipt of AOC Form 747, Petition/ Application for Emergency AOC Form 747

Appointment of Fiduciary, collect filing fees as set forth in the Accounting

Manual. Do not apply the FILED stamp or process the petition until the Collect Filing Fee

filing fees are paid.

NOTE: There should also be a regular petition previously filed in the case File, date, initial

or filed with an emergency petition/application. KRS 387.740. Petitioner is

required to note the date of filing of the non-emergency petition on AOC

Document type

Form 747. If you receive an emergency petition/application and no other

PEF

petition has been filed, please note this for the judge’s review.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

AOC Form 780

Proceed In Forma Pauperis.

Enter, date, initial

2. Open a case. For more information, see Case Add in the KyCourts Manual.

3. DO NOT proceed with the following steps unless filing fees have been paid,

In Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

4. Apply FILED stamp to the petition, add the date and your initials.

5. Add the petition as a document using document type PEF.

NOTE: Copy the case history at the close of each case. Place a tab on the

side of the copy and insert in the file folder as a divider.

6. Upon receipt of AOC Form 780, Order Setting Hearing, set a hearing date

within one week of filing of petition by completing a scheduled events

screen. KRS 387.740(3). Apply the ENTERED stamp to the order; add the

date and your initials.

Document type

7. File the order as a document using document type OST. OST

8. Respondent is entitled to counsel. KRS 387.740(3) Upon receipt of AOC AOC Form 755

Form 755, Order Appointing Counsel, apply the ENTERED stamp to the Enter, date, initial

order; add date and your initials.

9. Add the order as a document using document type OAC. Document type

OAC

10. Give notice of entry by mailing copies of Hearing Order and Counsel Order

(if applicable) to:

• All persons named in petition

• County Attorney

• Respondent's Counsel

For more information, see Notice of Entry. NOE

NOTE: Notice of time and place of hearing shall be given not less than 48

hours prior to hearing. KRS 387.740(3).

DISABILITY PROCEEDINGS

11. Upon receipt of a signed AOC Form 748, Order for Emergency Appointment of Fiduciary,

apply the ENTERED stamp; add the date and your initials.

12. Complete a document screen using document type OAEF.

13. Give notice of entry by mailing copies of judgment to:

Certified copies to: Copies to:

• Guardian or conservator • Petitioner

• County clerk for recording. KRS • Respondent

387.590(8) Petitioner is responsible

• Attorneys for

for any recording fee.

both parties

• State Board of Elections, within 10

• All persons

days after judgment ONLY if the judge

named in petition

has ordered that the respondent shall

not retain the right to vote by • Facility where or

checking the box on the form. person with

whom

o If wholly disabled, send certified

respondent

copy of judgment with

resides

respondent's date of birth and

social security number if possible.

KRS 30A.145.

o If partially disabled, send certified

copy of judgment with

respondent's date of birth and

social security number and

certified copy of Order Appointing

Guardian or Conservator.

For more information, see Notice of Entry.

DISABILITY PROCEEDINGS

30.13.2 Guardian/Conservator Appointed and Bond Posted

KRS 395.130, 62.060

1. Apply the ENTERED stamp to the Order of Appointment of Guardian; add Quick Reference

the date and your initials. Enter order, date,

initial

NOTE: Clerk must attest to the fiduciary/surety signature and administer

the oath. KRS 395.140(2)

Document type

Oath to Fiduciaries: “Do you solemnly swear or affirm that you will

* If guardian - OAG

faithfully perform the duties of ________________ according to law?”

KRS. 62.030. * If conservator -

OCON

2. Enter the order on a document screen using the appropriate document

type.

File bond, date,

• If the petitioner is a guardian, use OAG initial

• If the petitioner is a conservator, use OCON

Document type BF

3. Apply the FILED stamp to the Fiduciary Bond; add the date and your

initials. Collect bond filing

fee

4. Enter the bond on a document screen using document type BF.

5. Collect the bond filing fee as set forth in the Accounting Manual, and give a

Notice of entry

receipt. KRS 64.005.

6. Give notice of entry by mailing copies to:

Certified copies to: Copies to:

• Guardian or conservator • Petitioner

• County clerk for recording. • Respondent

KRS 387.590(8).

• Attorneys for both parties

• All persons named in petition

• Facility where or person with

whom respondent resides

For more information, see Notice of Entry.

NOTES:

• Petitioner is responsible for any recording fee.

• Do not advertise the appointment of the guardian or conservator. KRS 395.610(2).

7. Close the case screen by completing the disposition date, disposition type and judge at

disposition fields.

DISABILITY PROCEEDINGS

30.14 Sale of Real Estate by Guardian/Conservator

1. Upon receipt of a motion for permission to sell real property, apply the Quick Reference

FILED stamp, add the date and your initials. File motion, date,

initial

2. Complete a scheduled events screen.

3. Complete a motion screen.

4. Give notice of this hearing by printing Court Notice and serve with the

motion attached by certified mail, return receipt requested.

NOTE: Unless waived in writing, written notice of the hearing must be

given to all known adult next of kin of the disabled person and any person

with a vested or contingent interest in the property, as identified by the

Guardian/conservator, at least 30 days prior to the hearing.

5. Upon receipt of a signed order, apply the ENTERED stamp to the order;

add the date and your initials.

Enter order, date,

6. Serve notice of entry of the order and enter the method of service and initial

notice of entry date on the document screen where the order is entered.

For more information, see Notice of Entry.

Serve notice of

entry

30.15 Expungement

 Following dismissal or withdrawal of a petition or determination that a

respondent is no longer disabled, the respondent may at any time move to have all court

records pertaining to proceedings expunged, provided a full release of all claims arising

from the proceedings is submitted. KRS 387.770(2).

NOTE: A court order is required to expunge the case. For more information, see

Expungement. If you are asked about an expunged record, advise that no such record

exits. An expunged record can be reopened only upon petition to the court and an order

specifying the names of those who shall have access to the file.

1. Upon receipt of an order to expunge, apply the ENTERED stamp to the Enter order, date,

order; add date and your initials. initial

2. Enter on a document screen using document type OEX.

3. Notify any officials or agencies named in the order, and seal the records Document type

including all items mentioned above. OEX

4. On the outside of the sealed envelope, add the case number, birth date of Notify officials, seal

the respondent and the date of the order of expungement. record

NOTE: It is not necessary to destroy the electronic recordings; the official

retention and disposal schedule for district court tapes/recordings applies.

DISABILITY PROCEEDINGS

30.16 Disability Procedure Checklist

1. Receive petition.

2. Court sets jury trial date.

• If an interdisciplinary evaluation form is filed with the petition, the hearing must be

set within 30 days of receiving the petition. KRS 387.550(1).

• If the petition is not filed with an interdisciplinary evaluation, the hearing must be set

within 60 days of receiving the petition. KRS 387.550(1).

3. Sends copies at least 14 days prior to hearing to the following:

• Petitioner

• Respondent

• Attorneys for both parties

• All persons named in petition

• Person proposed as guardian, limited guardian, limited conservator, or conservator

KRS 387.550(2).

• Person with whom or facility in which respondent resides

4. Issue summons.

5. Court appoints interdisciplinary team, if necessary. Sends copies of appointment to the

following:

• Petitioner

• Respondent

• Attorneys for both parties

• Team members

• Individual or facility with custody of respondent KRS 387.540(1),(7).

6. Court appoints counsel if respondent does not obtain counsel within one week of the

filing of petition. Sends copies to the following: KRS 387.560.

• Petitioner

• Respondent

• Attorneys for both parties

• All person(s) named in petition or facility or person with whom respondent resides

• Person proposed for appointment as Limited Guardian, Guardian, Limited

Conservator or Conservator

DISABILITY PROCEEDINGS

7. Judgment and Appointment. Sends copies of Judgment and Appointment.

Certified copies to: Copies to:

• Guardian or conservator • Petitioner

• County clerk for recording. KRS • Respondent

387.590(8). Petitioner is responsible for

• Attorneys for

any recording fee.

both parties

• State Board of Elections, within 10 days

• All persons

after judgment. Send the judgment

named in petition

(AOC Form - 785) only if the judge has

ordered that the respondent shall not • Facility where or

retain the right to vote by checking the person with

box on the form. whom

respondent

resides

For additional information regarding guardianship, see Uniform Adult Guardianship and

Protective Proceedings.

DISABILITY PROCEEDINGS

30.17 Settlement for Minor or Person Under Disability

KRS 387.278, KRS 387.280

 The custodian of a minor may file a petition in district court to be paid a sum Quick Reference

not exceeding 25,000, when the minor, having no guardian or conservator,

is entitled to receive this sum resulting from a settlement.

 The Custodian of a person under disability may file a petition in district court

to be paid a sum not exceeding $10,000, when the person under disability,

having no guardian or conservator, is entitled to receive this sum resulting

from a settlement. Collect filing fees

1. Upon receipt of a Petition for Custodian to Receive Money Settlement not

exceeding $25,000 for a minor or $10,000 for a person under disability,

collect filing fees as set forth in the Accounting Manual and give a receipt.

File, date, initial

Do not apply the FILED stamp or process the petition until the filing fees

are paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

2. Assign a case number CR 5.05(3), by generating the next case number in District Civil C case

the computer for district civil C cases or use the next pre-numbered file Case type OTH

folder. Use case type OTH.

DISABILITY PROCEEDINGS

3. Assign the case to a division using the procedure in your local court rules. Quick Reference

4. DO NOT proceed with the following steps unless filing fees have been paid,

In Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

5. Apply the FILED stamp, add the date and your initials. Enter, date, initial

6. Assign a hearing per your local rules and advise the petitioner of the date,

time and place of the hearing.

7. Do not issue a summons.

8. File the case by completing the case document and party screens.

9. Calendar the hearing by completing a scheduled events screen.

NOTE: Unless the court orders, the filing of an inventory and settlement is

not required.

10. Upon receipt of a final order, apply the ENTERED stamp; add the date

and your initials.

11. Enter the order on the document screen.

12. Serve notice of entry and make an entry on the document screen showing Serve notice of

the manner and date of the service of notice of entry of the order. For entry

more information, see Notice of Entry.

NOTE: If the settlement involves the sale of real property, the purchaser of

the real property may pay the share of the minor or other person under

disability into the court, without giving bond.

Close the case

13. Close the case. Complete the closing information on the case screen by

adding the disposition date, disposition type, and the judge at disposition.