There is no other suitable person or entity available and willing to act; and
The individual is a full-time resident of KY for at least the previous 6 months that is not a hospital, treatment facility, correctional facility, or long-term care facility; and
The individual is a citizen or permanent resident of the United States.
There are situations when CHFS shall not be appointed guardian by the courts:
The individual has been convicted of, plead guilty to, or entered an Alford plea for a sex crime as defined in KRS 17.500 or an offense that would classify the person as a violent offender under KRS 439.3401 (except upon written order of the course in exceptional circumstances); or
The individual is not alive or cannot be physically located.
Alford plea is a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain.
Before considering assigning an individual a guardian, it is important to explore other alternatives to guardianship that might meet the needs of the individual. Tyrone and Jeannie are two people who have successful alternatives to guardianship. Let’s explore their situations now.
Tyrone is 18 and has aged out of foster care. He has a job at Lowe’s where he has a supportive supervisor. His biological mother is not willing to help him without him paying her. His foster Mom is presently allowing him to sleep in her van.
He has a mild intellectual disability and attention deficit disorder. He needs assistance with money management, finding safe housing, and keeping his job at Lowe’s. He lacks the ability to navigate the social service system on his own to find needed supports
Alternative to Guardianship Option:
Tyrone is eligible for an extension of foster care beyond age 18. While in foster care, he developed a friendship with an “empty nester” couple who lived near his foster Mom. He has sought them out for assistance. While trying to maintain boundaries, they are helping him to connect with social services that can assist him and the youth pastor at their church. He also has an older brother who is willing to help him with managing his money. He is willing to set up a joint bank account with Tyrone which offers a kind of limited debit card (Smart Access) so Tyrone cannot directly access his account.
Why Is This a Better Option:
While Tyrone needs assistance and is vulnerable to financial exploitation, he is willing to seek out assistance and wants to be a productive and contributing citizen. The couple who have befriended him, and his brother are serving in a supported decision-making capacity.
Jeannie is 92 and her son is 70. She has been a widow since she was 45 and her youngest son died the following year. She became very reliant on her older son, Bob to provide support and assistance to her as she grew older. Now his health is failing and he can no longer do for her what he once did. He is also experiencing early signs of dementia.
Alternative to Guardianship Option:
Jeannie’s adult granddaughter, Carolyn, who is also Bob’s daughter, and her family agreed to move to the town where Jeannie and Bob live in order to provide more support than was possible with the geographic distance. Carolyn worked with a local attorney to have Durable Powers of Attorney and Advance Directives written for both Jeannie and Bob so she could assist in paying their bills and accessing medical services.
Why Is This a Better Option:
Powers of Attorney and Advance Directives, when properly executed, allow for another adult to act with, or on behalf of a person whose judgement and cognitive abilities have become impaired. A POA can take the document to the bank in order to pay bills on the person’s behalf as well as talk with medical personnel, social workers, etc. to manage needed medical services.
