Chapter 59 — PROBATE CODE

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…

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…

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…

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…

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…

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…

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…

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…

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…

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 …

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…

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…

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…

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…

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…

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 …

59-30,165. Appointment and role of attorney. (a) Unless the respondent in a proceeding for appointment of a conservator is represented by an attorney, the court shall appoint an attorney to represent the respondent, regardless of the respondent's ability to pay. The court shall g…

59-30,166. 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 conservator, the court shall order an examination and eva…

59-30,167. Attendance and rights at hearings. (a) Except as otherwise provided in subsection (b), a hearing under K.S.A. 59-30,162, 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…

59-30,168. Confidentiality of records; access to records. (a) The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after: (1) The respondent, the individual subject to conservatorship or the parent of…

59-30,169. Who may be conservator; order of priority. (a) Except as otherwise provided in subsection (c), the court in appointing a conservator shall consider persons qualified to be a conservator in the following order of priority: (1) A conservator, other than a temporary or em…

59-30,170. Order of appointment for conservator; contents of order; review hearing. (a) A court order appointing a conservator for a minor must include findings to support appointment of a conservator. (b) A court order appointing a conservator for an adult must: (1) Include a sp…

59-30,171. Notice of order of appointment; statement of rights. (a) Not later than 14 days after the appointment, a conservator appointed under K.S.A. 59-30,170, and amendments thereto, shall give to the individual subject to conservatorship and to all other persons given notice …

59-30,172. Emergency conservator. (a) On its own after a petition has been filed under K.S.A. 59-30,161, and amendments thereto, or on a verified petition by a person interested in an individual's welfare, the court may appoint an emergency conservator for the individual if the c…

59-30,173. Petitions for orders after appointment. An individual subject to conservatorship or a person interested in the welfare of the individual may petition for an order: (a) Modifying bond requirements; (b) requiring an accounting for the administration of the conservatorshi…

59-30,174. Bond; alternative asset-protection arrangement. (a) Except as otherwise provided in subsection (c), the court shall require a conservator to furnish a bond with a surety, or require an alternative asset-protection arrangement, conditioned on faithful discharge of all d…

59-30,175. Terms and requirements of bond. (a) The following rules apply to the bond required under K.S.A. 59-30,174, and amendments thereto: (1) Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable. (2) By executing a bond pro…

59-30,176. Duties of conservator. (a) A conservator is a fiduciary and has duties of prudence, loyalty, reasonable care and diligence to the individual subject to conservatorship. (b) A conservator shall promote the self-determination of the individual subject to conservatorship …

59-30,177. Administrative powers of conservator not requiring court approval. (a) Except as otherwise provided in K.S.A. 59-30,178, and amendments thereto, or as qualified or limited in the court's order of appointment and stated in the letters of office, a conservator has all po…

59-30,178. Distribution from conservatorship estate. Except as otherwise provided in K.S.A. 59-30,179, and amendments thereto, or as qualified or limited in the court's order of appointment and stated in the letters of office, and unless contrary to a conservator's plan under K.S…

59-30,179. Powers of conservator requiring court approval; notice, hearing and considerations. (a) Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice under K.S.A. 59-30,162(d), and amendments thereto, and receive specific author…

59-30,180. Conservator's plan. (a) Not later than 60 days after appointment, and whenever there is a significant change in circumstances or the conservator seeks to deviate significantly from the existing conservator's plan, a conservator shall file with the court a plan for prot…

59-30,181. Inventory; records. (a) Not later than 60 days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is believed to be complete and a…

59-30,182. Conservator's report and accounting; monitoring. (a) A conservator shall file with the court a report in a record regarding the administration of the conservatorship estate annually unless the court otherwise directs, on resignation or removal, on termination of the co…

59-30,183. Attempted transfer of property by individual subject to consrvatorship. (a) The interest of an individual subject to conservatorship in property included in the conservatorship estate is not transferrable or assignable by the individual and is not subject to levy, garn…

59-30,184. Transaction involving conflict of interest. A transaction involving a conservatorship estate which is affected by a substantial conflict between the conservator's fiduciary duties and personal interests is voidable unless the transaction is authorized by court order af…

59-30,185. Protection of person dealing with conservator. (a) A person that assists or deals with a conservator in good faith and for value in any transaction, other than a transaction requiring a court order under K.S.A. 59-30,179, and amendments thereto, is protected as though …

59-30,186. Death of individual subject to conservatorship. (a) If an individual subject to conservatorship dies, the conservator shall deliver to the district court any will of the individual that is in the conservator's possession and inform the personal representative named in …

59-30,187. Presentation and allowance of claim. (a) A conservator may pay a claim against the conservatorship estate or the individual subject to conservatorship arising before or during the conservatorship, on presentation and allowance in accordance with the priorities under su…

59-30,188. Personal liability of conservator. (a) Except as otherwise agreed by a conservator, the conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the conservatorship estate unless the conservator…

59-30,189. Removal of conservator; appointment of successor. (a) The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator. (b) The court shall hold a hearing …

59-30,190. Termination or modification of conservatorship. (a) A conservatorship for a minor terminates on the earliest of: (1) A court order terminating the conservatorship; (2) the minor becoming an adult except as provided in K.S.A. 59-30,191, and amendments thereto; (3) emanc…

59-30,191. Extended conservatorship for minor. (a) A conservatorship for a minor may be extended beyond the minor's 18th birthday if the minor consents or the court finds by clear and convincing evidence that substantial harm to the minor's interests is otherwise likely. A conser…

59-30,192. Transfer for benefit of minor without appointment of conservator. (a) Unless a person required to transfer funds or other property to a minor knows that a conservator for the minor has been appointed or a proceeding is pending for conservatorship, the person may transf…

59-30,193. Power and responsibility of parent to manage minor's estate. The parent of a minor has the right and responsibility to hold in trust and manage for the minor's benefit all of the personal and real property vested in such minor when the total of such property does not e…

59-30,194. Estate of minor under certain dollar amount; investment; disposition. (a) Any court having either control over or possession of any amount of money not exceeding $100,000, the right to which is vested in a minor, shall have the discretion to authorize, without the appo…

59-30,195. Estate of adult under certain dollar amount; investment; disposition. Any court having either control over or possession of any amount of money not exceeding $25,000, the right to which is vested in an adult subject to guardianship, shall have the discretion to authori…

59-30,196. Authority for protective arrangement; alternative to guardianship or conservatorship. (a) On receiving a petition for a guardianship for an adult, a court may order a protective arrangement instead of guardianship as a less restrictive alternative to guardianship. (b) …

59-30,197. Basis for protective arrangement instead of guardianship for adult. (a) After the hearing on a petition under K.S.A. 59-30,142, and amendments thereto, for a guardianship or under K.S.A. 59-30,196(b), and amendments thereto, for a protective arrangement instead of guar…

59-30,198. Basis for protective arrangement instead of conservatorship for adult or minor. (a) After the hearing on a petition under K.S.A. 59-30,161, and amendments thereto, for conservatorship for an adult or under K.S.A. 59-30,196(c), and amendments thereto, for a protective a…