Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 2 - Guardianship › Section 910 KAR 2:040 - Service provisions for adult guardianship

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.500 - 17.540, Chapter 202A, Chapter 202B,
				209.030. 209.990, 210.290(3), (4), 311.6225, 311.6231, 367.97501, 367.97524,
				367.97527, 387.500-387.990, 389A.010, 389.015,
				20
				C.F.R. 416.212,
				42 U.S.C.
				1382(e)(1)(G)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the cabinet to promulgate administrative regulations necessary
				under applicable state laws to protect, develop, and maintain the health,
				personal dignity, integrity, and sufficiency of the individual citizens of the
				commonwealth. This administrative regulation establishes service provisions for
				adult guardianship.
Section 1.
			 Definitions.
(1) "Best interest" means a
			 course of action that maximizes what is best for a ward and that includes
			 consideration of the least intrusive, most normalizing, and least restrictive
			 course of action possible given the needs of a ward.
(2) "Comorbid condition" means the presence
			 of one (1) or more additional disorders or diseases co-occurring with a primary
			 disease or disorder, or the effect of an additional disorder or
			 disease.
(3) "Conservator" is
			 defined by
			 KRS
			 387.510(1).
(4) "Court" means a court of competent
			 jurisdiction.
(5) "DAIL" means the
			 Department for Aging and Independent Living.
(6) "Division" means the Division of
			 Guardianship.
(7) "Guardian" is
			 defined by
			 KRS
			 387.510(3).
(8) "Guardian ad Litem" means an attorney
			 appointed to represent the interests of a person with respect to a single
			 action in litigation.
(9) "Informed
			 consent" means a person's agreement to a particular course of action based on a
			 full disclosure of facts needed to make the decision intelligently.
(10) "Interested party" means interested
			 parties as defined by
			 KRS
			 387.860(5).
(11) "Least restrictive alternative" means an
			 alternative to guardianship that has been exhausted prior to becoming eligible
			 for state appointment, including:
(a) Power of
			 attorney;
(b) Living
			 wills;
(c) Advance
			 directives;
(d) Case
			 management;
(e) Representative
			 payee;
(f) Curator;
(g) Trustee;
(h) Health care surrogate;
(i) Ex-parte order;
(j) Emergency protective services;
(k) Adult protective ongoing
			 services;
(l) Informal network of
			 support; or
(m) Supported decision
			 making.
(12) "Limited
			 conservator" is defined by
			 KRS
			 387.510(2).
(13) "Limited guardian" is defined by
			 KRS
			 387.510(4).
(14) "Nurse consultant" means a nurse
			 consultant inspector employed by the Cabinet for Health and Family
			 Services.
(15) "Provider" means a
			 facility or entity providing services for a ward such as:
(a) Self;
(b) Caretaker;
(c) Relative;
(d) Group home placement;
(e) Hospital;
(f) Psychiatric hospital;
(g) Personal care home; or
(h) Medicaid waivers.
(16) "Quitclaim Deed" means a document by
			 which an individual disclaims an interest in a piece of real property and
			 passes that claim to another person.
(17) "Substituted judgment" means a principle
			 of decision-making made by the division that comports with the individual ward
			 or beneficiary's known wishes expressed prior to the appointment of a guardian,
			 if the individual was once capable of developing views relevant to the matter
			 at issue and reliable evidence of these views remains.
(18) "Successor guardian" means an
			 individual, agency, or corporation who is appointed to succeed a current
			 guardian removed by the court.
(19)
			 "Terminal condition" is defined by
			 KRS
			 311.621(17).
(20) "Ward" is defined by
			 KRS
			 387.510(15).