If you have a loved one who is incapable of adequately providing for his or her personal needs (such as physical health, safety, food or hygiene) or who is unable to manage his or her personal finances, then he or she may be declared disabled or incompetent in Kentucky. This population is particularly vulnerable to exploitation and being taken advantage of by others. Seeking the legal authority to prevent such exploitation is likely in his or her best interest and we would be glad to discuss the possibilities with you.
The Ohio County Attorney helps people who are seeking guardianship or conservatorship for disabled loved ones in Ohio County free of charge. Kentucky is one of the few states in that nation that requires a jury trial to declare someone disabled. Our office presents the case to the jury to determine whether appointment is necessary. However, the County Attorney can take no role in advocating who the Court should appoint to serve in either of the aforementioned capacities.
Kentucky Protection and Advocacy provides information about the guardianship and conservator process and issues and can be found at http://www.kypa.net/. Another great resource is A Family Guide to Guardianship in Kentucky http://kyjustice.org/node/568. After you read the information on the linked websites, please call our office to set up an appointment with our office to discuss your particular situation. Please understand though that the websites listed are for informational purposes and are not intended to provide any legal advice on behalf of the Ohio County Attorney.