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1. What is guardianship?

Guardianship is a legal tool that grants a parent or other adult legal authority to make decisions for a legally disabled adult. An adult is considered to be legally disabled (a ward) if a court after a jury trial has ruled in a disability hearing that the person cannot take care of her personal needs or manage her finances. At the same time the court declares a person to be disabled, it appoints a guardian or a conservator to help with personal or financial needs in the areas the disabled person can’t manage along.

In deciding this at the disability hearing, the court will look to see if the person can take care of some things on her own. Can she take care of her own money, her nutrition and her physical health and safety? If the person needs help in some areas, but not others, the court may appoint a limited guardian or a conservator. There are also many alternatives to guardianship that might be a better way to help.

2. How is an Emergency Guardianship different than a regular Guardianship?

An Emergency Guardianship is an escalated version of a Guardianship and is only indicated in cases of a life or death situation. The forms for both Guardianship and Emergency Guardianship can be obtained at the County Attorneys office or by visiting the forms page of their website. The County Attorney assists individuals in filling out petitions and presents guardianship cases to the jury for no charge. To discuss Guardianship, call 270-827-5753 to make an appointment with the County Attorney.

3. How do I go about obtaining a guardianship or conservatorship?

Guardianship petitions can be picked up at our office Monday through Friday from 8 a.m. to 5 p.m. The location address is:
20 N Main Street
2nd Floor Offices
Henderson, KY 42420

The petition will need to be filed at the Henderson District Clerk’s Office, Monday through Friday 8 a.m. to 4:30 p.m. The filing fee is $53. They accept cash, checks, or money orders. A member of our staff will be glad to assist you in filling out the papers if you need help (call 270-827-5753 for aid).