Elizabeth, IN asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana

Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife absolutely does not need this kind of protection. We haven't heard anything since other then 1 phone call he made to us just to inform us he was rewarded emergency guardianship. Now apparently there was a hearing this morning to establish guardian and conservator and we were not notified what so ever. In the state of KY ( we live in Indiana) what is the law on the right to be notified of such case? Also the court clerk office cannot tell anyone anything over the phone because it's a private matter.

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA

A: In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds that such notice would cause harm to the person's health or safety.

Additionally, the following persons must be notified:

1. The spouse and adult children of the respondent (your wife)

2. If there is no spouse or adult children, then the person's parents

3. The person's closest adult relative if there are no parents, spouse, or adult children

4. Any person or entity serving as the respondent's guardian, conservator, or who has care and custody of the respondent

5. If known, any other person or entity the respondent has nominated to serve as guardian or conservator

If you and your wife were not properly notified of the hearing, you may have grounds to challenge the guardianship and conservatorship. You should consult with an attorney who specializes in guardianship and conservatorship law in Kentucky to discuss your options. They can help you understand your rights, review the case, and determine the best course of action, which may include filing a motion to set aside the guardianship order due to lack of proper notice.

Keep in mind that guardianship and conservatorship matters can be complex, and it is essential to have proper legal representation to protect your wife's rights and interests.

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