98RS HB812


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HB 812 (BR 2563) - K. Bratcher

     AN ACT relating to persons under a disability.
     Amend KRS 387.510 to permit a guardian to retain an attorney to assist the guardian with the guardian's duties; permit the attorney to be paid a reasonable fee from the ward's income; permit the court to designate by local rule whether it will require review and approval of attorney's fees; permit the consideration of all relevant acts or occurrences in determining whether a person is disabled; create a new section of KRS Chapter 387 to state that all instruments executed by a ward shall be valid; amend KRS 387.540 to require that any interdisciplinary report filed with the court 10 days prior to the disability hearing shall be admissible in evidence; permit the interdisciplinary report to be based on all relevant prior evaluations; amend KRS 387.610 to require that in the absence of a motion for a jury trial, there shall be a rebuttable presumption in favor of renewal of a guardianship; amend KRS 387.620 to require that a court shall hear a petition on behalf of a disabled person no more often than once every 6 months, unless good cause is shown; amend KRS 387.700 to permit the spending of the ward's money on the ward's family; amend KRS 387.710 to permit a court to waive a formal accounting if the ward's monthly income is less than $700 or the ward is Medicaid-eligible; amend KRS 387.330 to require that a disability determination is conducted by jury trial or emergency hearing.


     HCS - Amend KRS 387.510 relating to guardians to permit a guardian to retain an attorney, with court approval.

     Mar 3-introduced in House
     Mar 4-to Judiciary (H)
     Mar 11-posting waived
     Mar 12-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 13-2nd reading, to Rules; recommitted to Appropriations and Revenue (H)

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