2013 Kentucky Revised Statutes CHAPTER 387 - GUARDIANS -- CONSERVATORS -- CURATORS OF CONVICTS 387.580 Responsibilities of jury during a hearing -- Court determinations upon finding of disability or partial disability.
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387.580 Responsibilities of jury during a hearing -- Court determinations
upon finding of disability or partial disability.
(1)
(2)
(3)
At a hearing convened under KRS 387.500 to 387.770 for a determination of
partial disability or disability, the jury shall:
(a) Inquire into the nature and extent of the general intellectual functioning of
the respondent;
(b) Inquire into the respondent's capacity to make informed decisions
concerning his personal affairs and financial resources;
(c) Determine whether the respondent is disabled, partially disabled, or has
no disability in relation to the management of his financial resources; and
(d) Determine whether the respondent is disabled, partially disabled, or has
no disability in relation to the management of his personal affairs.
If the respondent is found not to be disabled or partially disabled, the petition
shall be dismissed.
If the respondent is found to be disabled or partially disabled, the court shall, at
the same hearing, without a jury, determine:
(a) The type of guardian or conservator to be appointed;
(b) The specific legal disabilities to which the respondent is subject, if the
respondent has been determined to be partially disabled;
(c) Whether the respondent retains the right to vote;
(d) The corresponding powers and duties of the limited guardian or limited
conservator, if the respondent has been determined to be partially
disabled;
(e) The individual or entity to be appointed by the court as limited guardian,
guardian, limited conservator, or conservator;
(f) The individual or entity, if any, to be appointed as standby guardian or
conservator; and
(g) The duration of the term of guardianship or conservatorship.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 58, sec. 1, effective June 26, 2007. -- Created
1982 Ky. Acts ch. 141, sec. 9, effective July 1, 1982.
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