{"data":{"id":"us-ky/krs-387.570","jurisdiction":"us-ky","citation":"KRS 387.570","heading":"Hearing -- Burden of proof -- Jury trial unless conditions for bench trial","body":"are met.\n(1) At a hearing convened pursuant to KRS 387.500 to 387.770 for the purpose of\ndetermining the disability of a respondent, the respondent shall have the right to\npresent evidence and to confront and cross-examine all witnesses.\n(2) The hearing may be closed to the public on request of the respondent or his counsel.\n(3) The respondent shall have the right to be present at the hearing, and his presence\nmay be waived only by his failure to appear at the hearing or upon a determination\nof the court that his attendance would subject him to serious risk of harm. Such\ndetermination shall be evidence only of the respondent's inability to attend the\nhearing and shall not be considered in determining the need for guardianship or\nconservatorship.\n(4) The court may remove itself to the place of residence of the respondent to conduct\nthe hearing in the presence of the respondent.\n(5) The burden of proof shall be on the Commonwealth to prove the disability or partial\ndisability of the respondent by clear and convincing evidence.\n(6) The respondent will not be determined partially disabled or disabled unless at least\none (1) of the persons who participated in the interdisciplina ry evaluation required\nby KRS 387.540 testifies in person at the hearing. This section shall not be\ninterpreted to preclude the respondent from requiring the testimony of more than\none (1) person participating in the preparation of the evaluation report.\n(7) The hearing shall be a jury trial, unless:\n(a) The respondent if present, counsel for the respondent, and the attorney for the\nCommonwealth agree to a bench trial;\n(b) No objection to a bench trial is made by an interested person or entity; and\n(c) The interdisciplinary evaluation report prepared for the proceeding reflects a\nunanimous consensus of the persons preparing it that the respondent is\ndisabled or partially disabled, the court has reviewed the report, and the court\nfinds no cause to require a jury trial.","path":["KRS Chapter 387"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47470","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:21Z","sha256":"4494e3fa1104c25c043836ddce4021c483843de287c26f35d284aca799fcf1c8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-387.560","next":"us-ky/krs-387.580"},"notice":"GroundRules: Original legal text. Not legal advice."}