387.600 Appointment -- Consideration of preference of respondent.

211 words·~1 min read·/ky/chapter-387/387-600

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(1)The court may appoint as limited guardian, guardian, limited conservator, or

conservator any suitable person or any entity, public or private, capable of

conducting an active guardianship or conservatorship program. The court shall not

ordinarily or customarily appoint the Cabinet for Health and Family Services or any

other person or entity, public or private, that is directly providing services to the

respondent unless no other suitable person or entity is available and willing to be

appointed. Appointment of the Cabinet for Health and Family Services shall be

consistent with the provisions of KRS 210.290.

(2)Prior to the appointment, the court shall make a reasonable effort to question the

respondent concerning his preference regarding the person or entity to be appointed

limited guardian, guardian, limited conservator, or conservator, and any preference

indicated shall be given due consideration. If the respondent has designated another

as his attorney in fact or agent by executing a power of attorney in writing, that

designation shall be treated as an indication of the respondent's preference as to the

person or entity to be appointed as his limited guardian, guardian, limited

conservator, or conservator, and that preference shall be given due consideration.

The court shall appoint the person or entity best qualified and willing to serve.