Previous Quiz

What does state guardianship provide?

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While we have reviewed several limitations to guardianship and what a guardian cannot provide, there are many things that a state guardian can provide.  These services include:

  • Regular visits with the individual under guardianship.
  • Routine medical/end-of-life decisions.
  • Approval of residential placement.
  • Arranging transportation when funds are available.
  • Establishing burial arrangements.
  • Attending court hearings and meetings on behalf of the individual under guardianship.
  • Contract with providers for an individual’s services.
  • Keeping in contact with an individual’s family.
  • Applying for benefits (Medicare, Medicaid, SSA, VA, food stamps, Medicaid Waivers, etc.).
  • Setting up budgets and paying reoccurring bills.
  • Manage and invest an individual’s funds.
  • File state and federal taxes.
  • Secure or liquidates assets.
  • Much, much more based on the individual needs of the person.

“One of the individuals I work with was suddenly discharged from their placement. The person was very upset and had nowhere to go. I was able to help him contact his uncle, who provided him with funds to stay in a hotel until we were able to help secure him a new placement.”

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Ronnie

CHFS Guardian

Guardianship Statutes and Regulations

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Aida

As mentioned in New Employee Orientation Part 1, there are Kentucky Regulatory Statutes (KRS) that govern the state guardianship program.  It is important to become familiar with these regulations, where to locate them, and what they mean.  In later trainings, we will spend more time looking at these laws in more detail. When you have time, go ahead and start looking through and familiarizing yourself with the KRS and KAR.

  • KRS 387.500 – Declaration of Legislative Purpose
  • KRS 387.530 – Filing of Petition – Contents – Application of Person or Entity Desiring Appointment
  • KRS 387.600 – Appointment – Consideration of Preference of Respondent
  • KRS 387.620 – Petition for Relief – Hearing on Petition – Judgement or Modification
  • KRS 387.640 – Duties of Limited Guardian or Guardian
  • KRS 210.290 – Cabinet May Act as Fiduciary – Duties – Powers
  • KRS 311.631 – Responsible Parties Authorized to Make Health Care Decision
  • KRS 311.6231 – Court appointed fiduciary bound by terms of grantor’s advance directives
  • 922 KAR 5:150 – Referral Process for Adult Guardianship
  • 922 KAR 5:160 – Accounting Provisions for Adult Guardianship
  • 922 KAR 5:170 – Service Provisions for Adult Guardianship
  • 922 KAR 5:180 – Guardianship Trust Fund