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387.570 Hearing -- Burden of proof.
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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.
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