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Understanding the power of limited guardianships

| Apr 29, 2021 | Uncategorized |

Limited guardianships are an important tool that you can use to help someone you love who can no longer take care of themselves. With a limited guardianship, you will seek some rights over your loved one’s care, but you won’t seek control over their finances.

Limited guardianships can be used in several situations, from working with an elderly loved one who needs more support and care to be assigned to an adult person with a disability who needs some assistance in their life. 

What kinds of powers does a limited guardian have?

Limited guardians only obtain specific powers based on what a court decides. For example, if the ward is able to take care of their finances and most of their basic needs, a judge may decide that the guardian should only step in to help drive their vehicle, make some types of medical decisions or make decisions about where they’ll live in the future. 

This is different than a limited conservator, and it’s important to make the distinction. The limited conservator is usually appointed to help someone with a disability when they need support managing their financial affairs. In Kentucky, conservators work with the individual in a fiduciary relationship, while a guardian takes care of the personal affairs of their ward. 

Do you have other options if limited guardianship isn’t enough?

In some cases, a full guardianship and conservatorship could be granted, such as if someone lacks mental capacity or is unable to understand how their decisions affect them or those around them. If you’re interested in finding out more about either of these roles and how to seek one to support someone you love, your attorney can give you more information.