KY SB282

Requires mandatory attorney representation for respondents in guardianship proceedings, with appointed counsel serving as the respondent's attorney rather than as a guardian ad litem, and increases compensation rates for appointed counsel to $150/hour in court and $100/hour out of court

Establishes that hearings shall be jury trials unless the respondent, counsel, and Commonwealth agree to a bench trial, and places the burden of proof on the Commonwealth to prove disability by clear and convincing evidence

Creates new provisions allowing courts to address marital property division, spousal allowances, and Medicaid asset preservation planning (including trusts, gifting, and annuities) after a guardian or conservator is appointed

Limits emergency guardian/conservator appointments to 60 days with one possible 60-day extension, requiring a report within 14 days of appointment describing actions taken to resolve the emergency

Replaces the term "ward" with "protected person" throughout the statutes, adds venue in counties where a curatorship exists, and requires courts to consider whether less restrictive alternatives like existing powers of attorney or curators are sufficient before appointing guardians