Who Can Be a Guardian in Kentucky? Qualifications, Priority, and Disqualifications

Basic Qualifications

Under KRS 387.600, the court may appoint any suitable person or public or private entity capable of conducting an active guardianship or conservatorship program. KRS 387.605 directs the court to give preference to kinship, education and business experience, capability to handle financial affairs, and ability to carry out the fiduciary requirements.

There is no licensing, certification, or training requirement for private (family) guardians in Kentucky. The court evaluates each proposed guardian based on their relationship to the protected person, their ability to fulfill the duties, and whether their appointment serves the protected person's best interests.

Statutory Priority

KRS 387.600 does not create a rigid spouse-parent-sibling priority list. Before appointment, the court must make a reasonable effort to ask the respondent about their preference, give that preference due consideration, and appoint the person or entity best qualified and willing to serve. KRS 387.605 identifies the qualifications the court should favor:

1. Kinship to the respondent
2. Education and business experience
3. Capability to handle financial affairs
4. Ability to carry out the fiduciary requirements

The court must appoint the best-qualified and willing person or entity. For example, a parent with a history of financial mismanagement may not be the best-qualified candidate, even though kinship is a factor.

For young adults turning 18 with disabilities, parents are the most common petitioners and appointees. But the court must still evaluate whether the parent is appropriate—particularly if there is any history of abuse, neglect, or family conflict.

Who Cannot Serve

Kentucky law does not set out the rigid felony list described in some summaries. Instead, the court evaluates whether a proposed person or entity is suitable and best qualified. A criminal record or conflict of interest may weigh against appointment.

The court may also require background checks. If the proposed guardian has a criminal history—even for offenses not automatically disqualifying—the court considers whether the record raises concerns about the person's fitness to serve.

Guardian vs. Conservator Appointments

The court can appoint the same person as both guardian (personal decisions) and conservator (financial decisions), or split the roles between two different people. Splitting makes sense when:

• The best person for day-to-day care decisions is not the best person for financial management
• The protected person's estate is complex enough to warrant a professional conservator or corporate fiduciary
• Family dynamics create a risk of financial exploitation if the same person controls both personal and financial decisions

Read more about the distinction between guardian and conservator in Kentucky.

Professional and Public Guardians

When no family member is available or appropriate, the court can appoint:

A professional guardian. These are individuals or organizations that serve as guardian for multiple people, typically for a fee paid from the protected person's estate. Kentucky does not have a mandatory licensing or registration system for professional guardians, though national certification through the Center for Guardianship Certification is available.

The Kentucky Department for Community Based Services (DCBS). DCBS operates a public guardianship program through its Division of Adult Guardianship. Public guardianship is typically a last resort for individuals who have no family, no resources to hire a professional guardian, and no other suitable candidate.

Co-Guardians and Successor Guardians

Kentucky law permits the appointment of co-guardians—two people sharing guardian authority. This is common with married parents who both want to serve. However, co-guardianship can create practical problems: disagreements between co-guardians may require the court to intervene, and institutions sometimes struggle with dual-authority arrangements.

A better approach in many cases is to designate a primary guardian and a successor guardian. The successor steps in if the primary guardian dies, becomes incapacitated, or resigns. This avoids the complications of co-guardianship while ensuring continuity.

The Bond Requirement

Every appointed guardian or conservator must post a fiduciary bond with the court unless the court waives the requirement. The bond amount is based on the value of the protected person's estate. For SSI recipients with minimal assets, the court often reduces or eliminates the bond requirement.

What the Court Looks For

Beyond the statutory qualifications, judges assess several practical factors:

• Proximity. A guardian who lives near the protected person can respond to emergencies, attend medical appointments, and maintain regular contact more easily.
• Understanding of the person's needs. Familiarity with the person's daily routines, medical conditions, and communication style matters more than general qualifications.
• Willingness to fulfill reporting obligations. The court imposes ongoing reporting requirements that take real time and effort. A guardian who is already overwhelmed by other responsibilities may not be the best choice.
• The respondent's wishes. If the person can express a preference about who should serve, the court gives that significant weight.

Our Kentucky Adult Guardianship & Alternatives Guide includes a guardian qualification checklist and a successor planning worksheet to help families prepare before filing.

See more Kentucky guides →