Ky. Cir. Ct. Clerks' Manual UNIFORM VETERANS’ GUARDIANSHIP ACT

98 UNIFORM VETERANS’ GUARDIANSHIP ACT

KRS 388

District Court

Process Map

 The Administrator of veterans’ affairs is a party and has an interest in any proceeding for

the appointment of a guardian or conservator for any veteran’s administration

beneficiary who is a minor or has been adjudged mentally disabled or who has received

or is currently receiving account benefits paid or payable by the Veterans

Administration.

1. Upon receipt of a petition under the Uniform Veterans’ Guardianship Quick Reference

Act, apply the FILED stamp to the petition; add the date and your File, date, initial

initials. There is no filing fee.

NOTE: A jury trial is not required but may be requested. KRS 388.250. Do not

No jury fee

collect a jury fee.

2. For instructions on opening the case, see the Case Add section of the

KyCourts Manual. Generate the next case number for H Health cases or Case number H

use the next pre-numbered file folder. If other mental health actions

exist involving the disabled person, create a new trailer as appropriate.

3. Present the petition for appointment of fiduciary to the judge for

approval. KRS 388.270.

4. Upon receipt of AOC Form 825 (Fiduciary Bond), apply the FILED stamp

to the bond; add the date and your initials.

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

administer the oath. KRS 395.140(2)

AOC Form 825

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

faithfully perform the duties of ________________ according to law?” File, date, initial

KRS. 62.030.

5. File the bond by completing a document screen using document code

BF. The bond must be posted before the order of appointment of

fiduciary is entered.

Document code BF

6. Upon receipt of AOC Form 840 (Order of Appointment of Fiduciary), (if

one is required), apply the ENTERED stamp to the order; add the date

AOC Form 840

and your initials.

Enter, date, initial

UNIFORM VETERANS’ GUARDIANSHIP ACT

7. A biennial accounting is required by the fiduciary on the anniversary date Quick Reference

of the appointment. Create a tickler by adding a scheduled event for the Event type REB

first anniversary date using event type REB.

Document type OFID

8. Complete a document screen using document type OFID. Give notice of NOE

entry to the attorney or the fiduciary if not represented by counsel.

9. When the order closes the case complete the disposition date,

disposition type and judge at disposition fields on the case screen. Do not advertise

10. Do not advertise appointments or accountings. KRS 395.610(2).

File, date, initial

11. Upon receipt of a biennial accounting apply the FILED stamp to the

accounting; add the date and your initials. Reset the tickler as

appropriate following instructions in Step 7 above.

Document type MIS

12. File by completing a document screen using document type MIS.

Deliver the accounting to the judge for approval. KRS 388.280(1).

13. Send a copy of all court orders in any guardianship proceeding in which

the Veteran's Administration is an interested party to the office of the

Veteran's Administration in your area. KRS 388.280(2).

NOTE: You must furnish without charge a copy of any record requested to

the applicant for benefits, any person acting on his behalf, or authorized

representative of the VA for the purpose of determining eligibility for

veterans' benefits. KRS 388.330.