(1) At a hearing convened under KRS § 387.500 to KRS § 387.770 for a determination of partial disability or disability, the court, or the jury if one is impaneled, 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.
(2) If the respondent is found not to be disabled or partially disabled, the petition shall be dismissed.
(3) 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, conservator, or guardian and 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: July 14, 2018
History: Amended 2018 Ky. Acts ch. 13, sec. 5, effective July 14, 2018. — Amended
2007 Ky. Acts ch. 58, sec. 1, effective June 26, 2007. — Created 1982 Ky. Acts ch.
141, sec. 9, effective July 1, 1982.