387.660 Specific powers and duties of guardian.

459 words·~2 min read·/ky/chapter-387/387-660

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

A guardian of a disabled person shall have the following powers and duties, except as modified by order of the court:

(1)To establish the ward's place of abode within the state, except that, if at any time a

guardian places a ward in a licensed residential facility for developmentally disabled

persons, the guardian shall, within thirty

(30)days of such placement, file with the

court notice of the placement, stating with specificity the reasons for such

placement, and an interdisciplinary evaluation report detailing the social,

psychological, medical or other considerations on which such placement is

predicated, a description of the treatment or habilitation programs which will

benefit the ward as a result of such placement, and a determination that such

placement will provide appropriate treatment in the least restrictive available

treatment and residential program. For purposes of this subsection, the

interdisciplinary evaluation report may be one performed within two

(2)months

prior to the placement for purposes of determining whether such placement is

necessary and appropriate, or may be an evaluation and assessment provided by the

residential facility immediately after placement. Notice to the court shall not be

required where the ward is transferred from one licensed residential facility to

another;

(2)To make provision for the ward's care, comfort, and maintenance and arrange for

such educational, social, vocational, and rehabilitation services as are appropriate

and as will assist the ward in the development of maximum self-reliance and

independence;

(3)To give any necessary consent or approval to enable the ward to receive medical or

other professional care, counsel, treatment or service, except that a guardian may

not consent on behalf of a ward to an abortion, sterilization, psychosurgery, removal

of a bodily organ, or amputation of a limb unless the procedure is first approved by

order of the court or is necessary, in an emergency situation, to preserve the life or

prevent serious impairment of the physical health of the ward;

(4)To act with respect to the ward in a manner which limits the deprivation of civil

rights and restricts his personal freedom only to the extent necessary to provide

needed care and services to him; and

(5)To expend sums from the financial resources of the ward reasonable and necessary

to carry out the powers and duties assigned to him by the court. If a separate limited conservator or conservator has been appointed for the ward, the expenditure of funds by the limited guardian shall be consistent with the duties assigned to and procedures and policies established by such limited conservator or conservator. Conflicts arising between a limited guardian and a limited conservator or conservator regarding the expenditure of funds which are unable to be otherwise resolved shall be submitted to the court for resolution.