House Bill 5

Actions | Amendments
Last Action signed by Governor (Acts, ch. 13)
Title AN ACT regarding guardianship and conservatorship of partially disabled or disabled adults.
Bill Documents Current/Final
Introduced
Bill Request Number 341
Sponsors D. Elliott, J. Jenkins, M. Meredith
Summary of Original Version Amend KRS 210.290, relating to public guardianship, to specify when the Cabinet for Health and Family Services may be appointed as a resident's limited guardian, guardian, limited conservator, or conservator; amend KRS 387.510 to provide that a guardian or limited guardian is to manage the personal affairs of a disabled person; amend KRS 387.540 to allow a physician assistant to be part of an interdisciplinary evaluation team; amend KRS 387.570 and 387.580 to retain the right to a jury trial in a guardianship competency hearing if demanded by or on behalf of any party; amend KRS 387.590 to clarify that the same individual, agency, or corporation may be both a guardian and a conservator; amend KRS 387.610 to allow an advanced practice registered nurse or a physician assistant working within his or her scope of practice to verify a renewal petition for guardianship or conservatorship; amend KRS 387.660 to remove custody from a guardian's powers and duties; amend KRS 387.680 to clarify that a limited conservator or conservator may establish or place financial resources in a trust; amend KRS 387.670, 387.700, and 387.710 to conform.
Index Headings of Original Version Aged Persons and Aging - Guardianship and conservatorship, proceedings for
Civil Procedure - Guardianship and conservatorship, proceedings for
Civil Rights - Guardianship and conservatorship, proceedings for
Disabilities and the Disabled - Guardianship and conservatorship, proceedings for
Proposed Amendments House Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
01/05/18
  • introduced in House
01/09/18
  • to Judiciary (H)
01/16/18
  • posted in committee
01/31/18
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/01/18
  • 2nd reading, to Rules
02/02/18
  • posted for passage in the Regular Orders of the Day for Monday, February 5, 2018
02/05/18
  • 3rd reading, passed 79-3 with Committee Substitute
02/06/18
  • received in Senate
02/07/18
  • to Health & Welfare (S)
02/21/18
  • reported favorably, 1st reading, to Consent Calendar
02/22/18
  • 2nd reading, to Rules
02/28/18
  • posted for passage in the Consent Orders of the Day for Wednesday, February 28, 2018
  • 3rd reading, passed 38-0
03/01/18
  • received in House
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
03/13/18
  • signed by Governor (Acts, ch. 13)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Retain original provisions; amend KRS 210.590 to clarify who qualifies as a "resident of the state"; clarify that only upon written order of the court in exceptional circumstances can the Cabinet for Health and Family Services be appointed for certain residents as a limited guardian, guardian, limited conservator, or conservator; provide that if a person for whom the cabinet is a limited guardian, guardian, limited conservator, or conservator dies with less than $10,000, the cabinet shall ensure certain expenses are paid prior to the release of funds to the person's estate; amend KRS 387.510 to clarify that "disabled" means any person 17 years of age or older; amend KRS 387.570 to allow a bench trial at a guardianship competency hearing when the parties agree, there is no objection from interested parties, and all persons preparing the interdisciplinary report agree that the person is disabled or partially disabled.
Index Headings Aged Persons and Aging - Guardianship and conservatorship, proceedings for
Civil Procedure - Guardianship and conservatorship, proceedings for
Civil Rights - Guardianship and conservatorship, proceedings for
Disabilities and the Disabled - Guardianship and conservatorship, proceedings for

Last updated: 1/16/2019 3:00 PM (EST)