Burkesville, KY asked in Adoption, Child Custody and Family Law for Kentucky

Q: if an adopted child turns 18 and the parent has power of attorney can the child still leave

2 Lawyer Answers

A: Yes.

A: Yes. However, the if the child is disabled, you could file a petition for guardianship, conservatorship, limited guardianship, limited conservatorship and/or a combination those representative roles.

"Disabled" means a legal disability, not a medical disability, and is measured by functional inabilities. A judge can make this determination based on testimony. It refers to any person seventeen years of age or older who is unable to make informed decisions with respect to his personal affairs to such an extent that he lacks the capacity to provide for his physical health and safety, including but not limited to health care, food, shelter, clothing, or personal hygiene. It can also include any person seventeen years of age or older that is unable to make informed decisions with respect to his financial resources to such an extent that he lacks the capacity to manage his property effectively by those actions necessary to obtain, administer, and dispose of both real and personal property.

You can get more in information by referring to KRS 387.590.

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