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KRS 387.580

Responsibilities of court or jury during a hearing -- Court determinations upon finding of disability or partial disability

Known as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

The act spans §§ 387–387 (121 sections).

Applied in 1 court decision — leading case Rice v. Floyd (1989)

Most recently applied in Rice v. Floyd (April 1989)

Effective: July 14, 2018 History: Amended 2018 Ky

(1) At a hearing convened under KRS 387.500 to 387.770 for a determination of partial disability or disability, the court, or the jury if one is impaneled, shall:

(a) Inquire into the nature and extent of the general intellectual functioning of the respondent;

(b) Inquire into the respondent's capacity to make informed decisions concerning his personal affairs and financial resources;

(c) Determine whether the respondent is disabled, partially disabled, or has no disability in relation to the management of his financial resources; and (d) Determine whether the respondent is disabled, partially disabled, or has no disability in relation to the management of his personal affairs.

(2) If the respondent is found not to be disabled or partially disabled, the petition shall be dismissed.

(3) If the respondent is found to be disabled or partially disabled, the court shall, at the same hearing, without a jury, determine:

(a) The type of guardian, conservator, or guardian and conservator to be appointed;

(b) The specific legal disabilities to which the respondent is subject, if the respondent has been determined to be partially disabled;

(c) Whether the respondent retains the right to vote;

(d) The corresponding powers and duties of the limited guardian or limited conservator, if the respondent has been determined to be partially disabled;

(e) The individual or entity to be appointed by the court as limited guardian, guardian, limited conservator, or conservator;

(f) The individual or entity, if any, to be appointed as standby guardian or conservator; and (g) The duration of the term of guardianship or conservatorship.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.