{"data":{"id":"us-ky/krs-387.620","jurisdiction":"us-ky","citation":"KRS 387.620","heading":"Petition for relief -- Hearing on petition -- Judgment or modification.","body":"(1) A partially disabled or disabled person, his limited guardian, guardian, limited\nconservator, or conservator, or any other interested person may petition the court\nfor:\n(a) Termination or modification of an order of partial disability or disability;\n(b) Removal and/or replacement of a limited guardian, guardian, limited\nconservator or conservator; or\n(c) Renewal of the appointment of a limited guardian, guardian, limited\nconservator, or conservator.\n(2) Petitions pursuant to this section shall set forth:\n(a) The name and address of the ward;\n(b) The name and address of the limited guardian, guardian, limited conservator,\nor conservator;\n(c) The name, address, and interest of the petitioner;\n(d) The names and addresses of the ward's next of kin, if known;\n(e) The name and address of the individual or facility, if any, having custody of\nthe ward;\n(f) The relief requested; and\n(g) The facts and reasons supporting the request.\n(3) A request under subsection (1) of this section, if made by the ward, may be\ncommunicated to the court by any means, including, but not limited to, oral\ncommunication or informal letter. If such a request is communicated by means other\nthan a petition, the court shall appoint a suitable person who may, but need not be,\nan employee of the  state, county, or court to prepare a written petition to be filed\nwith the court within seven (7) days following the appointment.\n(4) Within thirty (30) days after the filing of a petition, the court shall conduct a hearing\nat which the ward shall be enti tled to counsel. The time for a hearing may be\nextended by the court, on motion of either party, for cause. Notice of the time and\nplace of the hearing shall be given by the clerk of the court not less than fourteen\n(14) days prior to the hearing to both p arties and all persons named in the petition.\nThe petitioner shall, upon his motion, be entitled to have the motion for termination\nor modification determined by a jury.\n(5) At the request of any party or on its own initiative, the court may order an\ninterdisciplinary evaluation of the ward. The time period in which the court must\nreview a petition may be extended for an appropriate period of time if an evaluation\nis ordered b y the court. The interdisciplinary evaluation report may be filed as a\nsingle or joint report of the interdisciplinary evaluation team, or it may otherwise be\nconstituted by the separate reports filed by each individual of the team. If the court\nand all parties to the proceeding and their attorneys agree to the admissibility of the\nreport or reports, the report or reports shall be admitted into evidence and shall be\nconsidered by the court.\n(6) Upon conclusion of a modification hearing without a jury, the c ourt shall enter a\nwritten order setting forth the factual basis for its finding and may do any of the\nfollowing:\n(a) Dismiss the petition;\n(b) Remove the guardian or conservator and dissolve the guardianship or\nconservatorship order;\n(c) Remove the limite d guardian, guardian, limited conservator, or conservator\nand appoint a successor;\n(d) Modify the original guardianship or conservatorship order; or\n(e) Make any other order which the court deems appropriate and in the best\ninterest of the ward.\n(7) If the original order is dissolved and no further order is issued, the ward shall be\nrelieved of all legal disabilities. The court shall enter an order and judgment\nrestoring to the person all of the rights and privileges of a citizen. The clerk shall\nnote the j udgment or modification in the book in which notices of actions and\nencumbrances are indexed.\n(8) The clerk of the court shall transmit a certified copy of the restoration judgment or\nmodification to the originating court, if the judgment or modification is ordered by a\ncourt other than the court in which the original judgment was entered.","path":["KRS Chapter 387"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36052","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:21Z","sha256":"b14885f5f990d41f5154183e74c34e6baf5b185a686471856b5b3deda3ddfe3c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-387.610","next":"us-ky/krs-387.630"},"notice":"GroundRules: Original legal text. Not legal advice."}