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SB 282

AN ACT relating to guardianship proceedings.

2026 Regular Session Introduced by Reggie Thomas

The bill prioritizes least-restrictive, partially disabled guardianships with strong ongoing oversight, clear evaluations, and prompt hearings to protect rights and independence.

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Bill Summary · SB 282

Overview

SB 282 (2026 Regular Session, Kentucky) amends statutes governing guardianship and conservatorship proceedings to emphasize partial disability protections, clarify definitions, and expand processes for appointment, review, and oversight. The measure aims to promote informed decision-making, protect rights, and encourage maximum independence for partially disabled individuals while providing structured mechanisms for guardianship when needed.

Main purpose and intent

  • Recognize that disabled persons may be partially disabled and require protection without declaring total incompetency.
  • Favor partial guardianship/conservatorship as the least restrictive, time-limited, or scope-limited form necessary.
  • Preserve due process and ensure disability proceedings are conducted per statutory procedures.
  • Enhance decision-making capacity and independence for protected persons where possible.

Key provisions and changes

  • Definitions and scope (Section 2):

    • Clarifies terms: conservator, limited guardian/conservator, standby/testamentary guardians, and various disability concepts (developmental disability, partially disabled, disabled, etc.).
    • Establishes criteria for “disabled” and “partially disabled” and outlines the roles of guardians and conservators.

  • Jurisdiction and venue (Section 3):

    • District Courts retain exclusive jurisdiction over disability proceedings, with venue rules for residents, domicile, minors, and existing curatorships.
    • Allows foreign conservators to operate in Kentucky for assets located in the state.

  • Petitions and evaluations (Sections 4–5):

    • Petitions for disability determinations and appointment of guardians/conservators may be filed by interested parties or individuals needing guardianship.
    • Requires an interdisciplinary evaluation report prior to hearings, with specifics on composition (physician/APP/PA, psychologist, licensed social worker) and content (disabilities, services, treatment plans, medications, etc.).
    • Evaluation reports can be used if agreed admissible; timelines and costs for evaluations are outlined.

  • Hearings and timelines (Sections 5, 6, 7, 8, 9):

    • Hearings scheduled within 60 days (30–60 day adjustments) after petition filing; 14 days’ notice to attorneys and parties.
    • Respondent’s counsel must be appointed; compensation for appointed counsel is capped (e.g., in-court $150/hour; out-of-court $100/hour) with responsibility on the petitioner if the petition is frivolous.
    • Right to counsel, confrontation, and cross-examination; jury trial available unless certain unanimity conditions are met.
    • At the disability hearing, the court determines guardian type, scope of rights to be limited, voting rights (with explicit findings), and duration of appointment.

  • Guardianship powers and duties (Sections 10–13, 16–23):

    • Detailed powers for guardians and limited guardians, including placement decisions, medical consent (with court approval required for certain procedures), and expenditure of funds.
    • Limited guardianship/conservatorship have restricted terms (maximum five-year appointments for limited roles; unlimited duration for full guardianship/conservatorship).
    • Annual and biennial reporting requirements for guardians and conservators, including disclosures of condition, visits, services, and plans; rights restoration upon termination.

  • Emergency appointments and protections (Section 13):

    • Court may appoint emergency limited guardians/conservators with expedited review (within one week), including emergency powers expiring within 60–120 days if unresolved.

  • Financial planning and marital needs (Sections 14–15):

    • Court may address marital property division, spousal support, and means-tested benefit considerations (e.g., Medicaid planning, trusts, gisting asset preservation).

  • Boarding homes and resident rights (Section 26):

    • Extends Kentucky boarding home residents’ rights, including rights to information, grievances, privacy, funds management, and access to inspectors.

  • Fees, costs, and compensation (Section 25):

    • Defines reasonable compensation and commissions for guardians/conservators, with safeguards on costs.

Who would be affected

  • Disabled individuals, including those with partial disabilities, seeking guardianship or conservatorship.
  • Petitioners, guardians, conservators, and their attorneys.
  • Courts (District Courts) and county attorneys handling guardianship matters.
  • Guardians ad litem and guardians’ reporting obligations.
  • Boarding home residents and facility operators due to expanded resident-rights language.

Procedural and timeline aspects

  • Mandatory interdisciplinary evaluation prior to hearing, with specified timelines.
  • Hearing deadlines: generally within 60 days of petition; notices issued 14 days prior.
  • Appeals and modification procedures for guardianship/orders, with defined pathways for removal, replacement, or renewal.
  • Emergency appointment framework with rapid review and time-limited authority.

This bill creates a structured, rights-conscious approach to guardianship while prioritizing least-restrictive arrangements and ongoing oversight.

Compiled from official sources — confirm details with the bill’s official record.

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