Download as PDF
387.570 Hearing -- Burden of proof.
(1)
(2)
(3)
(4)
(5)
(6)
At a hearing convened pursuant to KRS 387.500 to 387.770 for the purpose of
determining the disability of a respondent, the respondent shall have a jury trial and
shall have the right to present evidence and to confront and cross-examine all
witnesses.
The hearing may be closed to the public on request of the respondent or his counsel.
The respondent shall be present at the hearing, and his presence may be waived only
upon a determination of the court that his attendance would subject him to serious
risk of harm. Such determination shall be evidence only of the respondent's inability
to attend the hearing and shall not be considered in determining the need for
guardianship or conservatorship.
The court may remove itself to the place of residence of the respondent to conduct
the hearing in the presence of the respondent.
The burden of proof shall be on the Commonwealth to prove the disability or partial
disability of the respondent by clear and convincing evidence.
The respondent will not be determined partially disabled or disabled unless at least
one (1) of the persons who participated in the interdisciplinary evaluation required
by KRS 387.540 testifies in person at the hearing. This section shall not be
interpreted to preclude the respondent from requiring the testimony of more than
one (1) person participating in the preparation of the evaluation report.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 395, sec. 2, effective July 13, 1984. -- Created
1982 Ky. Acts ch. 141, sec. 8, effective July 1, 1982.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
