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609 sections in this chapter.
K.S.A. 59-30,115 Waiver of notice
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59-30,115. Waiver of notice. A respondent, individual subject to guardianship, individual subject to conservatorship or individual subject to a protective arrangement under K.S.A. 59-30,197 or 59-30,198, and amendments thereto, may not waive notice under this act. Any other perso…
K.S.A. 59-30,116 Guardian ad litem
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59-30,116. Guardian ad litem. The court at any time may appoint a guardian ad litem for an individual if the court determines the individual's interest otherwise would not be adequately represented. If no conflict of interest exists, a guardian ad litem may be appointed to repres…
K.S.A. 59-30,117 Request for notice
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59-30,117. Request for notice. (a) A person may file with the court a request for notice under this act if the person is: (1) Not otherwise entitled to notice; and (2) interested in the welfare of a respondent, individual subject to guardianship or conservatorship or individual s…
K.S.A. 59-30,118 Disclosure of bankruptcy or criminal history
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59-30,118. Disclosure of bankruptcy or criminal history. (a) Before accepting appointment as a guardian or conservator, a person shall disclose to the court whether the person: (1) Is or has been a debtor in a bankruptcy, insolvency or receivership proceeding; (2) has been convic…
K.S.A. 59-30,119 Compensation and expenses; in general; costs of proceedings; payments
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59-30,119. Compensation and expenses; in general; costs of proceedings; payments. (a) Unless otherwise compensated or reimbursed, an attorney for a respondent in a proceeding under this act is entitled to reasonable compensation for services and reimbursement of reasonable expens…
K.S.A. 59-30,120 Compensation of guardian or conservator
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59-30,120. Compensation of guardian or conservator. (a) Subject to court approval, a guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, clothing and other appropriate expenses advanced for the benefit of the individual s…
K.S.A. 59-30,121 Liability for acts or omissions of individual subject to guardianship or conservatorship
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59-30,121. Liability for acts or omissions of individual subject to guardianship or conservatorship. A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the individual subject to guar…
K.S.A. 59-30,122 Petition after appointment for instruction or ratification
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59-30,122. Petition after appointment for instruction or ratification. (a) A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act related to the guardianship or conservatorship. (b) Upon the filing …
K.S.A. 59-30,123 Third-party acceptance of authority of guardian or conservator
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59-30,123. Third-party acceptance of authority of guardian or conservator. (a) A person must recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship unless: (1) The person has actual knowledge or a reasonab…
K.S.A. 59-30,124 Retention of service provider by guardian or conservator
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59-30,124. Retention of service provider by guardian or conservator. (a) A guardian or conservator may retain a third person to provide any service to an individual subject to guardianship or conservatorship if retaining such third person, hereinafter referred to as a service pro…
K.S.A. 59-30,125 Temporary substitute guardian or conservator
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59-30,125. Temporary substitute guardian or conservator. (a) The court may appoint a temporary substitute guardian for an individual subject to guardianship for a period not exceeding six months if: (1) A proceeding to remove a guardian for the individual is pending; or (2) the c…
K.S.A. 59-30,126 Registration of orders from another state; effect
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59-30,126. Registration of orders from another state; effect. (a) If a guardian has been appointed in another state for an individual, and a petition for guardianship for the individual is not pending in this state, the guardian appointed in the other state, after giving notice t…
K.S.A. 59-30,127 Grievance against guardian or conservator
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59-30,127. Grievance against guardian or conservator. (a) An individual who is subject to guardianship or conservatorship, or person interested in the welfare of an individual subject to guardianship or conservatorship, who reasonably believes the guardian or conservator is breac…
K.S.A. 59-30,128 Basis for appointment of guardian for minor
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59-30,128. Basis for appointment of guardian for minor. (a) A person becomes a guardian for a minor only on appointment by the court. (b) After a hearing under K.S.A. 59-30,130, and amendments thereto, the court may appoint a guardian for a minor who does not have a guardian if t…
K.S.A. 59-30,129 Petition for appointment of guardian for minor; contents
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59-30,129. Petition for appointment of guardian for minor; contents. (a) A person interested in the welfare of a minor, including the minor, may file a verified petition for appointment of a guardian for the minor. (b) A petition under subsection (a) must state the petitioner's n…
K.S.A. 59-30,130 Hearing and notice for appointment of guardian for minor
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59-30,130. Hearing and notice for appointment of guardian for minor. (a) When a petition is filed under K.S.A. 59-30,129, and amendments thereto, the court shall schedule a hearing, and the petitioner shall: (1) Serve notice of the date, time and place of the hearing, together wi…
K.S.A. 59-30,131 Attorney for minor or parent
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59-30,131. Attorney for minor or parent. (a) The court shall appoint an attorney to represent a minor who is the subject of a proceeding under K.S.A. 59-30,129, and amendments thereto, if: (1) Requested by the minor and the minor is 12 years of age or older; (2) recommended by a …
K.S.A. 59-30,132 Attendance and participation at hearings
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59-30,132. Attendance and participation at hearings. (a) The court may require a minor who is the subject of a hearing under K.S.A. 59-30,130, and amendments thereto, to attend and participate in the hearing. If the court orders the minor to attend the hearing but later rescinds …
K.S.A. 59-30,133 Order of appointment; priority of nominee; contents of order; obligations of parents
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59-30,133. Order of appointment; priority of nominee; contents of order; obligations of parents. (a) After a hearing under K.S.A. 59-30,130, and amendments thereto, the court may appoint a guardian for a minor, if appointment is proper under K.S.A. 59-30,128, and amendments there…
K.S.A. 59-30,134 Standby guardian for minor
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59-30,134. Standby guardian for minor. (a) A standby guardian appointed under this section may act as guardian, with all duties and powers of a guardian under K.S.A. 59-30,136 and 59-30,137, and amendments thereto, when no parent of the minor is willing or able to exercise the du…
K.S.A. 59-30,135 Emergency guardian for minor
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59-30,135. Emergency guardian for minor. (a) On its own, or on verified petition by a person interested in a minor's welfare, the court may appoint an emergency guardian for the minor if the court finds a sufficient factual basis to establish probable cause that: (1) Appointment …
K.S.A. 59-30,136 Duties of guardian for minor
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59-30,136. Duties of guardian for minor. (a) A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety and welfare. A guard…
K.S.A. 59-30,137 Powers of guardian for minor
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59-30,137. Powers of guardian for minor. (a) Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor's support, care, education, health, safety and welfare. (b) Except as otherwise limited by court order, …
K.S.A. 59-30,138 Special limitations on powers of guardian for minor
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59-30,138. Special limitations on powers of guardian for minor. A guardian for a minor may not exercise any control or authority over the minor's estate, unless specifically authorized by the court. Any guardian who is granted such authority must prepare an inventory and provide …
K.S.A. 59-30,139 Termination of guardianship for minor; removal of guardian; appointment of successor
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59-30,139. Termination of guardianship for minor; removal of guardian; appointment of successor. (a) Guardianship under this act for a minor terminates: (1) On the minor's death, adoption, emancipation or attainment of majority; or (2) when the court finds that the standard in K.…
K.S.A. 59-30,140 Guardian's plan for minor
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59-30,140. Guardian's plan for minor. (a) At any time, the court may require the guardian of a minor, or the guardian of a minor may choose, to develop and file with the court a plan of care for the minor. Any such plan must be based on the needs of the minor and take into accoun…
K.S.A. 59-30,141 Basis for appointment of guardian for adult
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59-30,141. Basis for appointment of guardian for adult. (a) On petition and after notice and hearing, the court may: (1) Appoint a guardian for an adult if the court finds by clear and convincing evidence that: (A) The respondent lacks the ability to meet essential requirements f…
K.S.A. 59-30,142 Petition for appointment of guardian for adult; contents
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59-30,142. Petition for appointment of guardian for adult; contents. (a) A person interested in an adult's welfare, including the adult for whom the order is sought, may file a verified petition for appointment of a guardian for the adult. (b) A petition under subsection (a) must…
K.S.A. 59-30,143 Hearing and notice for appointment of guardian for adult
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59-30,143. Hearing and notice for appointment of guardian for adult. (a) On filing of a petition under K.S.A. 59-30,142, and amendments thereto, for appointment of a guardian for an adult, the court shall set a date, time and place for hearing the petition. (b) A copy of a petiti…
K.S.A. 59-30,144 Appointment and role of court liaison
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59-30,144. Appointment and role of court liaison. (a) On receipt of a petition under K.S.A. 59-30,142, and amendments thereto, for appointment of a guardian for an adult, the court may appoint a court liaison. The court liaison must be an individual with training or experience in…
K.S.A. 59-30,145 Appointment and role of attorney for adult
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59-30,145. Appointment and role of attorney for adult. (a) The court shall appoint an attorney to represent the respondent, regardless of the respondent's ability to pay. The court shall give preference in the appointment of an attorney to any attorney who has represented the res…
K.S.A. 59-30,146 Examination and evaluation
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59-30,146. Examination and evaluation. (a) Upon the filing of the petition or any other time at or before the hearing, if the contents of the petition or evidence at the hearing support a prima facie case of the need for a guardian, the court shall order an examination and evalua…
K.S.A. 59-30,147 Attendance and rights at hearings
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59-30,147. Attendance and rights at hearings. (a) Except as otherwise provided in subsection (b), a hearing under K.S.A. 59-30,143, and amendments thereto, may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a h…
K.S.A. 59-30,148 Confidentiality of records; access to records
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59-30,148. Confidentiality of records; access to records. (a) The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the record after: (1) The respondent or individual subject to guardianship requests …
K.S.A. 59-30,149 Who may be guardian for adult; order of priority
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59-30,149. Who may be guardian for adult; order of priority. (a) Except as otherwise provided in subsection (c), the court in appointing a guardian for an adult shall consider persons qualified to be guardian in the following order of priority: (1) A guardian, other than a tempor…
K.S.A. 59-30,150 Order of appointment for guardian; contents of order; review hearing
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59-30,150. Order of appointment for guardian; contents of order; review hearing. (a) A court order appointing a guardian for an adult must: (1) Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a…
K.S.A. 59-30,151 Notice of order of appointment; statement of rights
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59-30,151. Notice of order of appointment; statement of rights. (a) Not later than 14 days after the appointment, a guardian appointed under K.S.A. 59-30,149, and amendments thereto, shall give the adult subject to guardianship and all other persons given notice under K.S.A. 59-3…
K.S.A. 59-30,152 Emergency guardian for adult
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59-30,152. Emergency guardian for adult. (a) On its own after a petition has been filed under K.S.A. 59-30,142, and amendments thereto, or on verified petition by a person interested in an adult's welfare, the court may appoint an emergency guardian for the adult if the court fin…
K.S.A. 59-30,153 Duties of guardian for adult
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59-30,153. Duties of guardian for adult. (a) A guardian for an adult is a fiduciary. A guardian shall strive to assure that the personal, civil and human rights of the individual subject to guardianship are protected. Except as otherwise limited by the court, a guardian for an ad…
K.S.A. 59-30,154 Powers of guardian for adult
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59-30,154. Powers of guardian for adult. (a) Except as limited by court order, a guardian for an adult may: (1) If authorized by the court under K.S.A. 59-30,155, and amendments thereto, apply for and receive funds and benefits for the support of the adult, unless a conservator i…
K.S.A. 59-30,155 Special limitations on powers of guardian for adult
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59-30,155. Special limitations on powers of guardian for adult. (a) A guardian for an adult shall not initiate the commitment of the adult to a mental health facility except in accordance with the care and treatment act for mentally ill persons, K.S.A. 59-2945 et seq., and amendm…
K.S.A. 59-30,156 Guardian's plan for adult
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59-30,156. Guardian's plan for adult. (a) Not later than 60 days after appointment and when there is a significant change in circumstances, or the guardian seeks to deviate significantly from the existing guardian's plan, a guardian for an adult shall file with the court a plan f…
K.S.A. 59-30,157 Guardian's report; monitoring of guardianship
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59-30,157. Guardian's report; monitoring of guardianship. (a) A guardian for an adult shall file with the court at least annually and at any other time the court directs a report in a record regarding the condition of the adult and accounting for funds and other property in the g…
K.S.A. 59-30,158 Removal of guardian for adult; appointment of successor
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59-30,158. Removal of guardian for adult; appointment of successor. (a) The court may remove a guardian for an adult for failure to perform the guardian's duties or for other good cause and appoint a successor guardian to assume the duties of guardian. (b) The court shall hold a …
K.S.A. 59-30,159 Termination or modification of guardianship for adult
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59-30,159. Termination or modification of guardianship for adult. (a) An adult subject to guardianship, the guardian for the adult or a person interested in the welfare of the adult may petition for: (1) Termination of the guardianship on the ground that a basis for appointment u…
K.S.A. 59-30,160 Basis for appointment of conservator for minor or adult
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59-30,160. Basis for appointment of conservator for minor or adult. (a) On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a minor if the court finds by a preponderance of evidence that the minor owns funds or ot…
K.S.A. 59-30,161 Petition for appointment of conservator; contents
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59-30,161. Petition for appointment of conservator; contents. (a) The following may file a verified petition for the appointment of a conservator: (1) The individual for whom the order is sought; (2) a person interested in the estate, financial affairs or welfare of the individua…
K.S.A. 59-30,162 Hearing and notice for appointment of conservator
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59-30,162. Hearing and notice for appointment of conservator. (a) On filing of a petition under K.S.A. 59-30,161, and amendments thereto, for appointment of a conservator, the court shall set a date, time and place for a hearing on the petition. (b) A copy of a petition under K.S…
K.S.A. 59-30,163 Order to preserve and apply property while petition is pending
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59-30,163. Order to preserve and apply property while petition is pending. While a petition under K.S.A. 59-30,161, and amendments thereto, is pending, after preliminary hearing and without notice to others, the court may issue an order to preserve and apply property of the respo…
K.S.A. 59-30,164 Appointment and role of court liaison
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59-30,164. Appointment and role of court liaison. (a) If the respondent in a proceeding to appoint a conservator is a minor, the court may appoint a court liaison to investigate a matter related to the petition or inform the minor or a parent of the minor about the petition or a …