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Disability Defined

Open dictionary with magnifying glass resting on crease of book.

What defines someone as disabled?

The term “disabled” has a legal definition provided by KRS 387.510. 

Disabled is defined as:

A legal disability, not a medical disability, and is measured by functional inabilities.

It refers to any person 17 years of age or older who is:

  1. Unable to make informed decisions with respect to his/her personal affairs to such an extent that he/she lacks the capacity to provide for his/her physical health and safety, including but limited to: health care, food, shelter, clothing, or personal hygiene; or
  2. Unable to make informed decisions with respect to his/her financial resources to such an extent that he/she lacks the capacity to manage his/her property effectively by those actions necessary to obtain, administer, and dispose of real and personal property.
  3. Such inability shall be evidence by acts or occurrences within 6 months prior to the filing of petition for guardianship or conservatorship and shall not be evidenced solely by isolated instances of negligence, improvidence, or other behavior.“

Source: KRS 387.510