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Special Education Department |
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Guardianship The attached information has been written for persons with developmental disabilities*, and their parents, family members, and friends. It explains what a guardian is and why it may be important for a person who is unable to take care of his own personal and financial affairs to have a guardian. There are also some alternatives to guardianship. The steps to follow to get a guardian are outlined; however, you should consult a lawyer before taking any of these steps. In 1982, General Assembly passed a new law effective July 1, 1982 that made major changes in Kentucky's guardianship law (KAR 387.500). Various changes to the law were made by the 1984 General Assembly. The attached information explains the new law and the amendments, and in some cases points out how it is different from the old law. Real-life examples have been included to make the law less technical and more easily understood. Names included in the examples are fictitious. *Developmental disabilities are severe, chronic mental or physical disabilities that occur before age 22, result in substantial limitations in daily living and working activities, and reflect the need for a combination of special services. Generally persons with mental retardation, cerebral palsy, autism and similar conditions are considered to have a developmental disability.
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