388.230 Petition for appointment of guardian or conservator -- Who to be

313 words·~1 min read·/ky/388-230

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

appointed.

(1)A petition for the appointment of a guardian or conservator for any minor or

mentally disabled beneficiary of the Veterans Affairs may be filed in the court

having jurisdiction by or on behalf of any person who under existing law is

entitled to priority of appointment. If there be no person so entitled or if the

person so entitled shall neglect or refuse to file such a petition within thirty

days after mailing of notice by the Veterans Affairs to the last known address of

such person indicating the necessity for the same, a petition for such

appointment may be filed by or on behalf of any responsible person residing in

this state.

(2)The petition for appointment shall set forth the name, age, place of residence

of such beneficiary, the name and place of residence of the nearest relative, if

known, and the fact that such beneficiary is entitled to receive benefits payable

by or through the Veterans Affairs and shall set forth the amount of moneys

then due and the amount of probable future payments.

(3)The petition shall also set forth the name and address of the person or

institution, if any, having actual custody of such beneficiary, and the name,

age, relationship, if any, occupation and address of the person proposed for

appointment as guardian or conservator. Notwithstanding any provision of

existing law as to priority, the court may appoint a capable individual, bank or

trust company, as guardian or conservator, if the person entitled to priority fails

to apply, or if after hearing the court determines it is for the best interest of

such beneficiary to appoint another.

(4)In the case of a mentally disabled beneficiary, the petition shall show that such

beneficiary has been rated incompetent by the Veterans Affairs on examination

in accordance with the laws and regulations governing the Veterans Affairs.