Kentucky Revised Statutes

Ky. Rev. Stat. § 387.580 (2026)

Responsibilities of court or jury during a hearing -- Court determinations

✓ current as of May 2026
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upon finding of disability or partial disability. (1) At a hearing convened under KRS 387.500 to 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.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1989–2025 · leading case: Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004).
Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004). · cites it 2× “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, including consent to medical procedures.”
Rice v. Floyd, 768 S.W.2d 57 (Ky. 1989). · cites it 2× “2) Under KRS 387.580, if Mayme Floyd is found to be incompetent, the "court shall, at the same hearing, without a jury, determine" whether a guardian needs to be appointed or whether the durable power of attorney process in place is sufficient conservator of the incompetent's…”
Jane Smith v. John Doe, a Minor (Ky. 2021). “Floyd’s guardian under KRS Chapter 387.61 The trial court dismissed the petition on the basis that “the needs of [Mrs.”
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 387.580. Unless 4 Guardianships and conservatorships for minors are provided for under KRS 387.”
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