Legal Resources
Attorney Locators
Central Kentucky Lawyer Referral Service
Phone: (859)225-8644 • On-Line: www.fcba.com
Louisville Bar Association
Phone: (502) 583-1801 • On-line: www.loubar.org
Northern Kentucky Bar Association
Phone: (859)-781-1525 • Online: www.nkybar.com
LEGAL TERMS
Making decisions about legal issues is often a complicated process.
A survivor and family may encounter several options when
discussing these issues. Professional legal assistance is always
recommended.
COMMON TERMS
Establishing need for legal assistance:
• If a person, 21 years of age or older, is unable to make legal
decisions related to their personal or financial care, the family
or others must go to court to declare that the person is legally
disabled.
• The court then appoints someone to act on the individuals
behalf.
• This action takes place in Disability Court.
• A jury declares that a person is unable to care for his or her
personal needs and/or unable to manage financial resources.
• Immediately after a jury finds a person disabled, a judge rules
on who should become the guardian and/or conservator.
Guardianship
• Guardianship is a legal relationship between a capable adult and
a person who has been determined to be legally disabled.
• A Guardian may be given full responsibility for the individual
if he or she is found by a jury to be totally unable to take care of
both personal and financial decisions.
• This means that the guardian would make decisions on behalf
of the individual as it relates to both personal matters and
financial matters, including all legal matters.
• A guardian has the personal and legal responsibility for
safeguarding the individual’s welfare.
• Parents of children under the age of 21 do not need to file for
guardianship. However, once a child reaches the age of 21,
family members must file for guardianship.
• The term of a guardian has no limits unless set by the court.
• Guardianship may be revoked at any time by asking the court
to remove the guardian. Medical documentation is necessary to
revoke guardianship.
Conservatorship
• Conservatorship is a legal relationship between a capable adult,
the Conservator, and a person who has been judged to be
unable to handle his or her financial affairs.
• A conservator is appointed to manage only the finances of the
individual.
• A conservator makes no personal care decisions.
Kentucky Bar Association 502-564-3795
514 W. Main Street
Frankfort KY 40601-1883
www.kybar.org
The Kentucky Bar Association will provide you with a listing of
attorneys and their specialties in any specific area in Kentucky.
It will offer information about legal services and resources.
Kentucky Academy of Trial Attorneys 502-339.8890
10602 Timberwood Circle, Ste 8
Louisville, KY 40223
http://www.kentuckyjusticeassociation.org/KY/
Members of the Kentucky Academy of Trial Attorneys are
dedicated to protecting the health and safety of Kentucky families
and preserving every citizen’s right to trial by jury.
Locating an Attorney
One good first step would be to contact a lawyer referral service.
These services can be found in the Yellow Pages or on the Internet.
Some of these services are free and others, for a fee, will be more
thorough in finding out what you want and making a referral.
Once you have the names of a few attorneys, you will want to
do some more investigation. The Internet can provide some
information about the attorney and his or her office. The
Kentucky Bar Association will let you know if the attorney has
been disciplined in any way for unprofessional behavior. You can
contact the Kentucky Bar Association at 502-564-3795 or
www.kybar.org.
Ask Questions
When you decide on an attorney, call the office and make
an appointment. When speaking to the secretary to make
the appointment, you may be screened to see if your case is
appropriate for the attorney. At the appointment, you will want to
bring any relevant documentation that will support your claim.
While you are meeting with the attorney for the first time there
are some questions you will want to ask.
First, ask the attorney how many cases he or she has personally
handled concerning brain injury. If the attorney is part of a group
and has had little personal experience, you may ask if there is
another attorney in the group who has the experience. Then you
will want to follow up with some questions about the outcomes of
cases that are similar to your case. After this you will want to ask
about fees. While some attorneys will ask, or accept, fees up front;
many will take a case on a contingency basis. That is, they will not
charge you a fee unless you win your case in court or it is settled
to your satisfaction. The fee the attorney will charge if the case is
successful should be clearly understood before you sign anything.
For example, some attorneys may ask you to pay for tests and
expert witnesses; however there are attorneys who will pay those
fees and collect them from the settlement. Just be sure you know
what is going to happen before you sign the contract. Finally, ask
to see a sample contact and read it. Be sure to read it carefully and
ask questions about anything you do not understand. Once you
are satisfied, ask the attorney if he or she will take your case.
2020-2022 BIAK Resource Journal 51
/www.fcba.com
/www.loubar.org
/www.nkybar.com
/www.kybar.org
/www.kybar.org
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