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Kentucky · Snapshot 09/05/2026

KRS 387.580: Responsibilities of court or jury during a hearing -- Court determinations

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Where this section sits in the code
  1. KRS Chapter 387

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 b y 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.

Collected 2026-09-05T20:59:21Z. Source file · JSON

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