387.580 Responsibilities of court or jury during a hearing -- Court determinations
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/ky/387-580A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
upon finding of disability or partial disability.
(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.