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387.620 Petition for relief -- Hearing on petition -- Judgment or modification.
(1)
(2)
(3)
(4)
(5)
(6)
A partially disabled or disabled person, his limited guardian, guardian, limited
conservator, or conservator, or any other interested person may petition the
court for:
(a) Termination or modification of an order of partial disability or disability;
(b) Removal and/or replacement of a limited guardian, guardian, limited
conservator or conservator; or
(c) Renewal of the appointment of a limited guardian, guardian, limited
conservator, or conservator.
Petitions pursuant to this section shall set forth:
(a) The name and address of the ward;
(b) The name and address of the limited guardian, guardian, limited
conservator, or conservator;
(c) The name, address, and interest of the petitioner;
(d) The names and addresses of the ward's next of kin, if known;
(e) The name and address of the individual or facility, if any, having custody
of the ward;
(f) The relief requested; and
(g) The facts and reasons supporting the request.
A request under subsection (1) of this section, if made by the ward, may be
communicated to the court by any means, including, but not limited to, oral
communication or informal letter. If such a request is communicated by means
other than a petition, the court shall appoint a suitable person who may, but
need not be, an employee of the state, county, or court to prepare a written
petition to be filed with the court within seven (7) days following the
appointment.
Within thirty (30) days after the filing of a petition, the court shall conduct a
hearing at which the ward shall be entitled to counsel. The time for a hearing
may be extended by the court, on motion of either party, for cause. Notice of
the time and place of the hearing shall be given by the clerk of the court not
less than fourteen (14) days prior to the hearing to both parties and all persons
named in the petition. The petitioner shall, upon his motion, be entitled to have
the motion for termination or modification determined by a jury.
At the request of any party or on its own initiative, the court may order an
interdisciplinary evaluation of the ward. The time period in which the court must
review a petition may be extended for an appropriate period of time if an
evaluation is ordered by the court. The interdisciplinary evaluation report may
be filed as a single or joint report of the interdisciplinary evaluation team, or it
may otherwise be constituted by the separate reports filed by each individual of
the team. If the court and all parties to the proceeding and their attorneys agree
to the admissibility of the report or reports, the report or reports shall be
admitted into evidence and shall be considered by the court.
Upon conclusion of a modification hearing without a jury, the court shall enter a
written order setting forth the factual basis for its finding and may do any of the
following:
(a)
(b)
(7)
(8)
Dismiss the petition;
Remove the guardian or conservator and dissolve the guardianship or
conservatorship order;
(c) Remove the limited guardian, guardian, limited conservator, or
conservator and appoint a successor;
(d) Modify the original guardianship or conservatorship order; or
(e) Make any other order which the court deems appropriate and in the best
interest of the ward.
If the original order is dissolved and no further order is issued, the ward shall
be relieved of all legal disabilities. The court shall enter an order and judgment
restoring to the person all of the rights and privileges of a citizen. The clerk
shall note the judgment or modification in the book in which notices of actions
and encumbrances are indexed.
The clerk of the court shall transmit a certified copy of the restoration judgment
or modification to the originating court, if the judgment or modification is
ordered by a court other than the court in which the original judgment was
entered.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 425, sec. 7, effective July 14, 1992. -Amended 1984 Ky. Acts ch. 395, sec. 5, effective July 13, 1984. -- Created 1982
Ky. Acts ch. 141, sec. 13, effective July 1, 1982.
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