Short answer
No. In Kentucky, being appointed guardian of the person does not automatically give you authority over the protected person’s money and property. The court separately appoints someone to manage an incapacitated person’s finances (often called a guardian of the estate or conservator). If you need authority over both personal decisions and financial matters, you must ask the court to appoint you to both roles.
How Kentucky law treats person vs. estate authority
Kentucky separates authority over personal decisions (health care, living arrangements, daily care) from authority over property and money. The court will consider and appoint each role independently so that each appointed fiduciary has clear, court-ordered duties and limits.
This separation protects the incapacitated person and clarifies who is responsible for what. For official guidance and statutory text, see resources from the Kentucky Court system and the Kentucky Revised Statutes (search for the guardianship/conservatorship provisions):
- Kentucky Court of Justice (kycourts.gov)
- Kentucky Legislature — Kentucky Revised Statutes (legislature.ky.gov)
Typical roles and responsibilities
Guardian of the person
- Makes decisions about medical care, residential placement, daily living arrangements, and personal services.
- May have authority to consent to treatment, choose providers, and arrange supports.
Guardian of the estate (or conservator)
- Collects and manages income, benefits, and other assets.
- Pays bills and taxes, protects property, and may invest assets within the rules set by the court.
- Usually must file inventories, give regular accountings to the court, and may be required to post a bond.
How to get both roles if needed
- File a petition with the court requesting appointment as guardian of the person, guardian of the estate (or conservator), or both.
- Provide evidence of the proposed ward’s incapacity and needs (medical records, physician statements, social evaluations).
- Provide proposed plans for personal care and/or estate management, and any required bond or proof of bonding ability.
- Attend the hearing; the judge decides each appointment separately based on evidence and the person’s best interests.
Practical points and common questions
Can the court give a single person both roles?
Yes. The court can appoint the same person to handle both personal and financial matters if doing so is in the protected person’s best interest. But the court will still make two distinct orders, and you will have separate duties and reporting requirements for each role.
What if I start as guardian of the person but later need to manage money?
You will need to petition the court for appointment as guardian of the estate (or conservator). In some cases the court can issue temporary orders if immediate financial authority is needed.
Are there alternatives to guardianship of the estate?
Yes. If the person anticipated incapacity and signed a valid durable power of attorney, the agent under that document can manage finances without a guardianship. For Social Security benefits, a representative payee can be appointed for benefit payments. These alternatives can be faster and less intrusive than a court guardianship.
What the court typically requires of an appointed guardian of the estate
- File an inventory of assets to the court shortly after appointment.
- Keep accurate records and provide periodic accountings to the court and interested parties.
- Act as a fiduciary — no self-dealing; act only in the protected person’s best interest.
- Comply with any bond or supervised visitation/oversight requirements the judge imposes.
Helpful hints
- If you are filing a petition, ask the court clerk for the local guardianship packet and forms; requirements vary by county.
- Gather medical records and a physician’s statement showing incapacity before the hearing.
- List all assets, income sources, debts, and insurance so the court can evaluate estate needs.
- Think about asking for limited or specific powers if full control of finances is not necessary.
- Consider whether a power of attorney, representative payee, or a conservatorship limited to certain assets would be more appropriate.
- Keep detailed records from day one — good recordkeeping makes accountings easier and protects you from disputes.
- Ask the court about bond requirements. Bonds protect the ward and are commonly required for estate management.
- Consult a local attorney experienced in Kentucky guardianship/conservatorship practice if there is significant property, complex finances, disputes among family members, or if you are unsure how to proceed.
Where to learn more or get forms
Start with the Kentucky Court of Justice website for information and local court contact details. For statutory language and procedures search the Kentucky Revised Statutes on the Kentucky Legislature website.
Disclaimer
This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and facts differ from case to case. For advice about your specific situation, contact a licensed Kentucky attorney who handles guardianship and conservatorship matters.