Kentucky Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   Kentucky files this as a Petition for Appointment of Guardian/Conservator for Minor in District Court, which has exclusive jurisdiction over guardianships and conservatorships for minors; venue lies in the county where the minor resides, or where the last surviving parent's will was probated. The statewide AOC-852 Petition and AOC-853 Application are mandatory forms, and the court's form controls. Kentucky splits the role three ways: a guardian has custody of the minor and manages the minor's finances, a limited guardian has custody only, and a conservator manages finances only, with no custody.

2. 2

   Kentucky has no temporary or emergency guardianship track for a minor at all. The emergency-appointment and standby-appointee mechanisms exist only in the separate chapter covering guardianship of disabled adults, so a petitioner needing faster protection for a minor has only the ordinary petition, described above, or the power of attorney alternative described below.

3. 3

   Notice of the hearing must go out at least 5 days beforehand to the minor if more than 14 years old, both living parents, or if neither parent is living, adult next of kin, and any person or facility with custody of the minor. The court may, but need not, dispense with notice if the gross amount of the minor's estate is less than $5,000.

4. 4

   No statute requires a Kentucky minor's consent to a guardianship, and Kentucky has no statute requiring a living parent's consent either. Both parents must be named in the petition and served with notice, though a parent may waive notice using the Waiver of Notice section of Form AOC-853. A minor 14 or older may personally nominate their own guardian, limited guardian, or conservator to the District Court, and the court must consider that nomination, along with any guardian the last surviving parent nominated by will, in deciding the minor's best interest.

5. 5

   No statewide criminal background check, court investigator, guardian ad litem, or pre-appointment training course is required for a Kentucky guardianship applicant. The verified application only asks the applicant to disclose whether they have ever been convicted of a crime.

6. 6

   A full guardian or a conservator, meaning anyone who will manage the minor's finances, must post bond to the Commonwealth before acting. The bond needs no surety if the last surviving parent's nominating will requested none, unless the court deems that imprudent or finds other good cause, or if the court orders the funds placed in a restricted account. Only a limited guardian, who has custody without financial authority, is automatically exempt from bond.

7. 7

   A Kentucky guardianship does not terminate a parent's parental rights and is not adoption. The District Court must remove a guardian, limited guardian, or conservator if removal would be in the minor's best interest, the mechanism by which a parent could seek to end an appointment before the minor turns 18.

Kentucky Requirements for Guardianship of a Minor Petition

• Mandatory Petition on Form AOC-852

  A Kentucky guardianship of a minor is filed on Form AOC-852, a statewide mandatory Administrative Office of the Courts petition, accompanied by a verified application such as Form AOC-853, in the District Court for the county where the minor resides or where the last surviving parent's will was probated.

• Three-Way Split: Guardian, Limited Guardian, Conservator

  Kentucky splits this role three ways: a guardian has custody and manages the minor's finances, a limited guardian has custody only with no power over finances, and a conservator manages finances only with no custody.

• No Temporary or Emergency Guardianship for a Minor

  Kentucky's guardianship statute has no temporary or emergency appointment track for a minor; the emergency and standby mechanisms exist only in the separate chapter for guardianship of disabled adults.

• Five-Day Notice Before the Hearing

  Notice of the hearing must be given at least 5 days beforehand to the minor if more than 14 years old and to each person or entity required to be named in the petition; the court may, but need not, dispense with notice if the gross amount of the minor's estate is less than $5,000.

• Minor Age 14 May Nominate a Guardian

  A minor 14 or older may personally nominate their own guardian, limited guardian, or conservator to the District Court, and the court must consider that nomination, along with any guardian the last surviving parent nominated by will, in deciding the minor's best interest.

• No Mandatory Background Check or Training

  No statewide criminal background check, court investigator, guardian ad litem, or pre-appointment training course is required for an applicant; the verified application only asks whether the applicant has ever been convicted of a crime.

• Bond Required Except for a Limited Guardian

  A full guardian or a conservator must post bond to the Commonwealth before acting. The bond needs no surety if the last surviving parent's nominating will requested none, unless the court deems that imprudent or finds other good cause, or if the court orders the funds placed in a restricted account. Only a limited guardian is automatically exempt from bond.

• Guardianship Does Not Terminate Parental Rights

  A Kentucky guardianship does not end a parent's parental rights and is not adoption; the District Court must remove a guardian, limited guardian, or conservator if removal would be in the minor's best interest.

• One-Year Power of Attorney Alternative

  A parent or legal guardian may delegate parental rights and responsibilities to a trusted adult for up to one year using a properly executed power of attorney under KRS 403.352, filed with no court, with a background check required unless the delegate is a grandparent, aunt, uncle, or adult sibling.