Detailed Answer
Service of process ensures a defendant receives formal notice of a lawsuit. Kentucky law sets special rules when serving minors (under 18) or individuals under guardianship to protect their rights.
Service on Minors
Under Kentucky Rules of Civil Procedure (CR) 4.04(6), you must serve a minor’s guardian, custodian or parent. If the minor has a court-appointed guardian, deliver the documents to that guardian. If no guardian exists, serve either parent at the minor’s usual place of abode.
• Rule Reference: CR 4.04(6) (link to Rule 4.04)
Service on Individuals Under Guardianship
When a court appoints a guardian for an adult’s person or estate, CR 4.04(7) requires service on that guardian. If separate guardians exist for person vs. estate, serve the guardian responsible for personal decisions.
• Rule Reference: CR 4.04(7) (link to Rule 4.04)
Substituted or Constructive Service
If you cannot locate the guardian or parent with reasonable diligence, the court may authorize substituted service by publication or posting under KRS 454.150. This method requires a court order and specific publication steps.
• Statute Reference: KRS 454.150 (link)
Proof of Service
After completing service, the process server files an affidavit stating when, where and on whom service occurred, noting the person’s relation to the minor or ward.
• Statute Reference: KRS 453.020 (link)
Helpful Hints
- Confirm any guardianship orders in the family or probate court records before attempting service.
- Always verify the guardian’s authority covers personal service for litigation.
- Use certified mail with return receipt if permitted by court rule or order.
- Keep detailed records of all attempts to locate parents or guardians for proof.
- Consider hiring a professional process server experienced in special-needs service.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.