210.405 Board may act as fiduciary -- Duties -- Powers.

336 words·~2 min read·/ky/chapter-210/210-405

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

(1)Any regional community board for mental health or individuals with an intellectual

disability established pursuant to KRS 210.380 and recognized by the secretary of

the Cabinet for Health and Family Services may be appointed and act as executor,

administrator, guardian, limited guardian, conservator, or limited conservator, as

provided in this section. In this capacity, the board may transact business in the

same manner as any individual and for this purpose may sue and be sued in any of

the courts of the state. Bond shall not be required of the board.

(2)Whenever a person who has been adjudged mentally disabled and requires mental

health services has no guardian or conservator, the board, acting through its

designated officer, may apply to the District Court of the county in which the

adjudication was made for its appointment as guardian or conservator for such

mentally disabled person. The board may also apply to be substituted as guardian or

conservator for a mentally disabled person whose guardian or conservator is the

Cabinet for Health and Family Services and who has been discharged or whose

discharge is imminent from a Cabinet for Health and Family Services facility.

(3)Upon the death of a person for whom the board has been appointed guardian or

conservator leaving an estate and having no relatives at the time residing within the

state, the board may apply for appointment as administrator and upon appointment

shall close the administration of the estate.

(4)The board may invest funds held as fiduciary in bonds or other securities guaranteed

by the United States, and may sell or exchange such securities in its discretion.

(5)The board shall receive such fees for its fiduciary services as provided by law.

These fees shall be placed in a trust and agency account, from which may be drawn

expenses for filing fees, court costs, and other expenses incurred in the

administration of estates. Claims of the board against the estates shall be considered

in the same manner as any other claim.