Kentucky Guardianship Petition and Court Forms: A Complete Guide

The Forms That Drive the Process

Kentucky's guardianship process runs on a specific sequence of Administrative Office of the Courts (AOC) forms. Knowing which forms to file, in what order, and what each one requires prevents the delays and rejections that trip up families who try to navigate the system without a roadmap.

All forms are available free from the Kentucky Court of Justice website. The forms are standardized statewide, though local district courts may have additional procedural requirements.

AOC-740: Petition to Determine If Disabled

This is the document that initiates the case. Filed in the District Court probate division of the county where the young adult resides or is physically present, AOC-740 asks the court to determine whether the individual meets the statutory definition of a "disabled person" under KRS Chapter 387.

The petition requires:

• The respondent's full name, date of birth, and current address
• A description of the respondent's disability and why court intervention is necessary
• A list of the respondent's assets, income sources, and property
• The names and addresses of the respondent's next of kin
• The specific type of appointment being sought (guardian, conservator, or both; limited or full)

A signed note or diagnostic summary from a licensed healthcare provider should accompany the petition, confirming the developmental or cognitive disability and explaining why the individual needs a court-appointed fiduciary.

AOC-745: Application for Appointment of Fiduciary

This form is filed alongside AOC-740 and is completed by the person seeking to be appointed as guardian or conservator. It covers the proposed fiduciary's qualifications, relationship to the respondent, background information, and willingness to serve.

The court uses this application to evaluate whether the proposed guardian is suitable — looking at factors like criminal history, financial stability, and any potential conflicts of interest.

AOC-105: Motion to Proceed In Forma Pauperis

For families facing financial hardship, this form requests a waiver of all filing fees, service costs, and interdisciplinary evaluation fees. The motion must be signed under oath and accompanied by a detailed affidavit showing the respondent's monthly income, assets, and living expenses. If the household income falls at or below 100% of the Federal Poverty Guidelines, the court may grant the waiver.

AOC-750: Order of Examination

After the petition is filed, the judge issues this order directing three professionals — a physician (or APRN or PA), a licensed psychologist, and a social worker or Cabinet for Health and Family Services employee — to evaluate the respondent. This team is called the Interdisciplinary Evaluation Team (IDT). Each evaluator must submit their written report to the court at least 10 days before the hearing.

AOC-782: Order Setting Bench Trial

Kentucky law defaults to a six-person jury trial for disability determinations. A bench trial (judge only) is available only if the respondent, if present, appointed counsel, and the County Attorney agree; no interested person or entity objects; the IDT reports reflect unanimous consensus that the respondent is disabled or partially disabled; and the judge finds no independent cause to require a jury. Form AOC-782 memorializes that agreement.

Post-Appointment Forms

Once a guardian or conservator is appointed, ongoing compliance requires:

• AOC-855 (60-Day Inventory): A conservator files a complete inventory of all property within 60 days of appointment
• AOC-790 (Guardian's Annual Report): A yearly report detailing the protected person's physical condition, residence, activities, and medical treatments
• AOC-856 (Periodic/Final Settlement): A conservator files biennial financial accountings for court review
• Fiduciary bond: A guardian or conservator provides any required bond; limited guardians are exempt under KRS 387.070 and other statutory exceptions may apply

AOC-795: Petition for Relief or Modification

Filed when circumstances change — to modify the scope of the guardianship, terminate it, restore rights, or replace the serving fiduciary. Any interested party can file this petition at any time.

Common Filing Mistakes

The most frequent issues that delay Kentucky guardianship petitions:

• Filing in the wrong county (venue is generally based on where the respondent resides or is physically present, not where the petitioner lives)
• Omitting the healthcare provider's supporting letter from the initial filing
• Failing to list all assets and income sources on AOC-740
• Not filing AOC-745 simultaneously with AOC-740

For detailed form-by-form instructions and a filing preparation checklist specific to Kentucky District Court, our Kentucky Adult Guardianship & Alternatives Guide walks through each step of the court process.

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