Kentucky Revised Statutes

Ky. Rev. Stat. § 387.570 (2026)

Hearing -- Burden of proof -- Jury trial unless conditions for bench trial

✓ current as of May 2026

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are met.

(1) 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 the right to present evidence and to confront and cross-examine all witnesses.

(2) The hearing may be closed to the public on request of the respondent or his counsel.

(3) The respondent shall have the right to be present at the hearing, and his presence may be waived only by his failure to appear at the hearing or 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.

(4) The court may remove itself to the place of residence of the respondent to conduct the hearing in the presence of the respondent.

(5) The burden of proof shall be on the Commonwealth to prove the disability or partial disability of the respondent by clear and convincing evidence.

(6) 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.

(7) The hearing shall be a jury trial, unless:

(a) The respondent if present, counsel for the respondent, and the attorney for the Commonwealth agree to a bench trial;

(b) No objection to a bench trial is made by an interested person or entity; and

(c) The interdisciplinary evaluation report prepared for the proceeding reflects a unanimous consensus of the persons preparing it that the respondent is disabled or partially disabled, the court has reviewed the report, and the court finds no cause to require a jury trial. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 13, sec. 4, effective July 14, 2018. -- Amended 1984 Ky. Acts ch. 395, sec. 2, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 141, sec. 8, effective July 1, 1982.

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 1989–2025 · leading case: Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004).

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Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004). · cites it 2× “On January 28, 1991, pursuant to a jury's verdict that he was partially disabled, KRS 387.570; KRS 387.580, the Fayette District Court appointed an agent of the Cabinet for Human Resources ("CHR") as Woods's limited guardian with authority to make certain decisions for him,…”

Rice v. Floyd, 768 S.W.2d 57 (Ky. 1989). · cites it 2× “093, the durable power of attorney statute, on the guardianship procedure is: 1) Under KRS 387.570, when the petition is filed for appointment of a guardian "the respondent shall have a jury trial" to decide incompetency.”

Suzanna P. Webb v. Commonwealth of Kentucky (Ky. Ct. App. 2023). · cites it 4× “” Webb twice moved for a directed verdict, arguing that the Commonwealth had not made its case with clear and convincing evidence as required by KRS 387.570(5). The court overruled both motions.”

Nordman v. The Evangelical Lutheran Good Samaritan Soc'y, Inc. (W.D. Ky. 2021). “540(1) (“an interdisciplinary evaluation report shall be filed with the court”); KRS 387.”

Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Ctr. of Excellence v. Sandra Norris, as Adm'x of the Est. of Rayford Charles Norris (Ky. 2025). “KRS 387.570. If the individual is found to be disabled or partially disabled, the court will then determine, inter alia: the type of guardian, conservator, or both to be appointed; the individual to be appointed as guardian, conservator, limited guardian, or limited conservator;…”

— Ky. Rev. Stat. § 387.570(5) — 1 case

Suzanna P. Webb v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “” Webb twice moved for a directed verdict, arguing that the Commonwealth had not made its case with clear and convincing evidence as required by KRS 387.570(5). The court overruled both motions.”

— Ky. Rev. Stat. § 387.570(6) — 1 case

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