Protecting Children and Incapacitated Adults Through Legal Guardianship
Guardianship and conservatorship are legal arrangements that grant a responsible person the authority to make decisions on behalf of someone who cannot make decisions for themselves—whether that person is a minor child or an incapacitated adult. At Larmour Law Offices, we help Georgetown and Scott County families navigate these sensitive matters with care, compassion, and thorough legal guidance.
One of the most important decisions a parent can make is choosing who will care for their children if they are no longer able to do so. Establishing a legal guardian ensures that your children are raised by someone you trust, in an environment that reflects your values and wishes.
Selecting the right guardian requires careful thought. You should consider the prospective guardian’s values, parenting style, financial stability, location, and relationship with your children. The ideal guardian is someone who shares your approach to raising children and who is genuinely willing and able to take on the responsibility.
Life is unpredictable, and your first-choice guardian may not be available when the time comes. It is essential to name one or more alternate guardians in your will so the court has clear direction if your primary choice is unable or unwilling to serve. We help you think through multiple scenarios and name backups who meet your standards.
Before naming someone as guardian in your legal documents, it is important to have a candid conversation with that person. Discuss your expectations, your children’s needs, your parenting values, and any financial arrangements you plan to put in place. This conversation ensures your chosen guardian understands the responsibility and is prepared to accept it.
Your will is the legal document through which you formally name a guardian for your minor children. Without a will that designates a guardian, the court makes its own decision about who will raise your children—and that decision may not align with your wishes. The court will consider the best interests of the child, but without your written guidance, family members may disagree, leading to costly and emotionally draining legal disputes.
Do not leave this critical decision to chance. A properly drafted will that names a guardian—and alternate guardians—gives you control over your children’s future. Learn more about our will preparation services.
When an adult becomes unable to manage their own affairs due to illness, injury, aging, or disability, a court may appoint a guardian or conservator to act on their behalf. These legal arrangements ensure that vulnerable adults receive the care and financial management they need.
A guardian of an incapacitated adult is authorized to make personal and medical decisions on that person’s behalf. This may include decisions about living arrangements, healthcare, daily care, and other personal matters. We assist families in petitioning the court for guardianship and guide them through the legal requirements and ongoing reporting obligations.
A conservator is appointed to manage the financial affairs of an incapacitated adult. This includes paying bills, managing bank accounts and investments, filing tax returns, and making financial decisions that serve the person’s best interests. The conservator has a fiduciary duty to act responsibly and transparently. We help families select an appropriate conservator and navigate the court process to establish the conservatorship.
In some cases, there is no family member available or willing to serve as guardian or conservator for a vulnerable person. When this happens, Kentucky courts appoint a public administrator or public conservator to step in and manage the individual’s personal care or financial affairs.
Attorney Ashley Larmour is regularly appointed by the court to serve in these roles—a responsibility that reflects the trust the judiciary places in her judgment, integrity, and commitment to protecting those who cannot protect themselves. As a court-appointed public administrator or conservator, Ashley ensures that the individual’s needs are met, their assets are managed responsibly, and all court reporting requirements are fulfilled.
Without a will naming a guardian for your children or a power of attorney designating someone to manage your affairs, the courts are left to make these decisions on their own. This process can be lengthy, expensive, and emotionally difficult for your family. Court-appointed guardians and conservators may be individuals your family would not have chosen, and disputes among family members can further complicate matters.
Proactive planning is always preferable. By establishing guardianship provisions in your will and executing powers of attorney while you are able, you maintain control and spare your family unnecessary hardship.
Whether you need to name a guardian for your children or establish a conservatorship for a loved one, Larmour Law Offices can help. Contact us today for a consultation.
Schedule a Consultation Call: 859-813-5614