Johnson Legal PLLC
operating as Bluegrass Cornerstone
19 Fairway Drive · Elizabethtown, KY 42701 · (502) 230-1620 · johnsonbluegrasslaw.com
Kentucky Bar № 101547

NOMINATION OF GUARDIAN FOR MINOR CHILDREN
(Standalone Inter Vivos Declaration - Not a Will)
KENTUCKY (KRS 387.025 and KRS 387.032)

DECLARANT (THE NOMINATING PARENT)

Name: Rachel Marie Combs
Address: 88 Dogwood Trail, Bowling Green, KY 42101
Telephone: (270) 555-0188
Email: rachel@example.com

I, Rachel Marie Combs, am an adult and a parent of the minor child or children named in this declaration. I make this standalone, inter vivos nomination of a guardian for my minor children voluntarily. This declaration is separate from any will. It records, in writing, who I want the court to appoint as guardian of my minor children if I die or become unable to care for them.

FAMILY STATUS

A co-parent of my minor children, Daniel Combs, is living. I understand and acknowledge that a living parent whose parental rights have not been terminated or suspended by prior court order (KRS 387.010(7)) generally has priority over this nomination. This nomination is intended to take effect when neither parent is available to care for my children - because each is deceased, incapacitated, or no longer holds parental rights.

CHILDREN COVERED BY THIS NOMINATION

This nomination covers the following minor children, each under eighteen (18) years of age:

1. Ella Rose Combs (DOB 2018-04-02)
2. Mason Combs (DOB 2021-09-15)

This declaration applies only to my children who are minors when guardianship becomes necessary. It does not apply to adult children; guardianship for a disabled adult requires a separate court proceeding under KRS Chapter 387.

NOMINATION OF GUARDIAN

I nominate Laura Bennett, of 210 Cherokee Road, Bowling Green, KY 42103 (telephone: (270) 555-0123; relationship to my children: sister of the nominating parent), for appointment by the District Court as guardian of my minor children if I die or become unable to care for them and no parent with parental rights is available to do so.

I ask any court considering the guardianship of my children to give this nomination the consideration the law allows.

ALTERNATE GUARDIAN

If Laura Bennett is unable or unwilling to serve, I nominate Thomas Bennett (relationship to my children: brother-in-law of the nominating parent), as alternate guardian, and I ask the court to give this alternate nomination the same consideration as my primary nomination.

LEGAL EFFECT OF THIS NOMINATION

This nomination is not legally binding on the court. The person I nominate receives no authority from this declaration itself. When guardianship of my children becomes necessary, an interested person or entity (including the person nominated above) files an application for appointment under KRS 387.025, and the District Court decides who serves. Under KRS 387.032, the District Court appoints the person or entity whose appointment would be in the best interest of the minor, taking into consideration the ability of the person or entity to manage and preserve the estate of the minor, and taking into consideration any nomination made by will under KRS 387.040 or by a minor fourteen (14) years of age or older under KRS 387.050.

This declaration is not a nomination by will under KRS 387.040, and it is not a nomination by a minor under KRS 387.050. It is a written expression of my wishes as a parent, made during my lifetime, for the court to weigh as evidence of my preference when it determines what is in the best interest of my children. A guardian for my children can be appointed only by the court, through the process described above.

POWERS AND DUTIES OF A COURT-APPOINTED GUARDIAN (INFORMATIONAL)

If the court appoints a guardian for my children, Kentucky law defines the role. In plain language: under KRS 387.065, a guardian has the powers and responsibilities of a parent regarding the support, care, and education of the ward; takes custody of the ward and establishes the place where the ward lives within the Commonwealth; may consent to medical or other professional care for the ward; and may receive money payable for the support of the ward. Under KRS 387.125, a guardian who manages the financial resources of the ward must apply them to the support, care, and education of the ward, take possession of the property of the ward, invest funds not required for current needs, and account to the court. These powers and duties come from the appointment order and the statutes - not from this declaration.

GUARDIANSHIP OF THE ESTATE (FINANCIAL RESOURCES)

It is my wish that the same person nominated above, Laura Bennett, also be considered for appointment to manage the financial resources of my children (guardianship of the estate). A court-appointed guardian who manages the financial resources of the ward has the powers stated in KRS 387.065 - including receiving money payable for the support of the ward - and the duties as to use of the assets of the ward stated in KRS 387.125.

REASONS AND WISHES (OPTIONAL)

The following statements express my reasons for this nomination and my wishes for the care of my children. They are guidance only - they do not bind the court or any guardian - but I intend them to be considered:

_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________

EXECUTION OF THIS NOMINATION

I sign this nomination voluntarily. I understand that it is a statement of my wishes, that it does not by itself make anyone the guardian of my children, and that I may revoke or replace it at any time during my lifetime by signing a new declaration.

Signed this ___________ day of ___________________, 20___.

Signature of Declarant: ____________________________________________
Printed name: Rachel Marie Combs
Address: 88 Dogwood Trail, Bowling Green, KY 42101

ATTESTATION BY WITNESSES (BEST PRACTICE - NOT A STATUTORY REQUIREMENT)

KRS Chapter 387 does not prescribe an execution formality for a standalone parental nomination of a guardian. The witness attestation and the notary acknowledgment below are included as a best practice to strengthen the evidentiary weight of this declaration; they are not required by KRS Chapter 387.

In our joint presence, the declarant, who is an adult and appeared to us to be of sound mind, voluntarily signed this nomination or directed it to be signed, and we now sign as witnesses in the presence of the declarant and of each other.

Witness 1 Signature: ____________________________________________
Witness 1 Printed name and address: ____________________________________________

Witness 2 Signature: ____________________________________________
Witness 2 Printed name and address: ____________________________________________

NOTARY ACKNOWLEDGMENT (BEST PRACTICE - NOT A STATUTORY REQUIREMENT)

COMMONWEALTH OF KENTUCKY)
COUNTY OF ____________________)

Before me, the undersigned authority, on this ___________ day of ___________________, 20___, personally appeared Rachel Marie Combs, known to me (or satisfactorily proven) to be the person whose name is subscribed to this declaration, and acknowledged signing it voluntarily for the purposes stated in it.

Signature of Notary Public: ____________________________________________
My commission expires: _________________________

(Seal, if any)

Document prepared by:
Johnson Legal PLLC, operating as Bluegrass Cornerstone (registered Kentucky DBA)
Attorney of record: Durward Elton Johnson, Kentucky Bar # 101547. Prepared from parent input as a standalone inter vivos nomination of a guardian for minor children, for consideration by the District Court under KRS 387.025 and KRS 387.032; reviewed and approved by a Kentucky-licensed attorney before delivery per KBA Ethics Opinion E-457.

Execution Instructions - Standalone Nomination of Guardian for Minor Children (Kentucky)

Your standalone guardianship nomination has been drafted from your intake answers. Kentucky law (KRS Chapter 387) does not prescribe a signing formality for this declaration - it is a written record of your wishes that carries weight in a later court proceeding, not a statutory form. To give it the strongest evidentiary footing, we recommend signing before a Kentucky notary public, and additionally before two adult witnesses if practical. Both blocks are included in your document and are labeled as best practice.

  1. Read the entire declaration carefully. Confirm your children are listed correctly (full legal names and dates of birth), your primary and alternate guardians are named correctly, and the family-status paragraph reflects your situation.
  2. Talk with the person you nominated (and your alternate) before signing. Guardianship is a significant commitment, and a nominated guardian who knows about the nomination - and accepts it - can speak in support when the court later considers the appointment.
  3. Sign and date the declaration in the EXECUTION section. We recommend signing before a Kentucky notary public (banks - often free for customers; UPS Store / shipping centers - $5-15; mobile notary - $25-50 plus mileage). If two adult witnesses are available, have them sign the witness attestation block as well. Neither step is required by KRS Chapter 387; both strengthen the document as evidence.
  4. Give a copy to your nominated primary guardian and to your alternate. They (or another interested person) would file the application for appointment under KRS 387.025 if the time comes, and this declaration is the supporting evidence of your wishes. Keep the original with your other important documents in a known, accessible location.
  5. If a co-parent of your children is living, consider discussing this nomination with them. A living parent whose parental rights have not been terminated generally has priority, so coordinated nominations between parents are far more effective than conflicting ones.
  6. Review this nomination after major life events (a birth or adoption, a death, a move, a change in your relationship with the nominated guardian). To change it, sign a new declaration - the most recent dated declaration is the best evidence of your current wishes. If you later make a will, tell your attorney about this declaration so your will guardian nomination under KRS 387.040 and this standalone declaration stay consistent.

Bluegrass Cornerstone is a service of Johnson Legal PLLC, a Kentucky law firm. This document was prepared from your intake answers as a standalone inter vivos nomination of a guardian for minor children, for consideration by the District Court under KRS 387.025 and KRS 387.032, and was reviewed and approved by a Kentucky-licensed attorney with Johnson Legal PLLC before delivery, per KBA Ethics Opinion E-457. Attorney of record: Durward Elton Johnson, Kentucky Bar # 101547. For questions, email support@bluegrasscornerstone.com - your message will be routed to the reviewing attorney.