59-3058.Petition for appointment of guardian orconservator for an adult with an impairment; contents; evaluation;plan.(a) (1) Any person may file in the district court of thecounty of residence ofthe proposed wardor proposed conservatee or of any county wherein the proposed ward or proposedconservatee may be found, a verified petition requesting the appointment of aguardian or a conservator, or both, foran adult with an impairment in need of a guardian or conservator, or both. Ifthe proposedconservatee is not a resident of or present within the state of Kansas, suchpetition may be filed inthe district court of any county in which any property of the proposedconservatee is situated.
(2) If a petition is filed in the district court of a county other than thecounty of residence of theproposed ward or proposed conservatee, the court may consider whether it is inthe best interests ofthe proposed ward or proposed conservatee or in the interests of justice forthe proceedings to takeplace in that county.
(3) If the court finds it is not in the best interests of the proposed wardor proposed conservateeor in the interests of justice that the proceedings take place in that countyand the proposed ward orproposed conservatee is a nonresident of the state of Kansas, the court maydismiss the matterimmediately, or may continue the matter for a specific period of time not toexceed 60 days to allowfor the filing of proceedings in the state of residence. After the expirationof that period of time, orupon the filing of proceedings in the state of residence, the court shalldismiss the petition withoutprejudice.
(4) If the court finds it is not in the best interests of the proposed wardor proposed conservateeor in the interests of justice that the proceedings take place in that countyand the proposed ward orproposed conservatee is a resident of a different county in Kansas, the courtmay dismiss the matterimmediately, or may transfer venue to the county of residence, or may continuethe matter for aspecific period of time not to exceed 60 days to allow for the filing ofproceedings in the county ofresidence. After the expiration of that period of time, or upon the filing ofproceedings in the county of residence, the court shall dismiss the petitionwithout prejudice.
(b) The petition shall include:
(1) The petitioner's name and address;
(2) the proposed ward's or proposed conservatee's name, age, date of birth,address ofpermanent residence, and present address or whereabouts, if different from theproposed ward's orproposed conservatee's permanent residence;
(3) if the proposed ward or proposed conservatee is a nonresident of thecounty in which thepetition is filed, a statement of why it is in the best interests of theproposed ward or proposedconservatee or in the interests of justice for the proceedings to take place inthat county;
(4) if the proposed ward or proposed conservatee is under the age of 18years, the factualcircumstances under which the petitioner alleges that the minor should beconsidered to be of the ageof majority pursuant to the provisions of K.S.A. 38-101, and amendmentsthereto,or concerningwhen and where the rights of majority were conferred upon the minor pursuant tothe provisions ofK.S.A. 38-108, and amendments thereto;
(5) a statement that it is the petitioner's belief that the proposed ward orproposed conservateeis an adult with an impairment in need of a guardian or a conservator, or both;
(6) the factual basis upon which the petitioner makes that allegation;
(7) the names and addresses of any spouse, adult children and adultgrandchildren of theproposed ward or proposed conservatee, and those of any parent and adultsiblings of the proposedward or proposed conservatee, or if no such names or addresses are known to thepetitioner, thename and address of at least one adult who is nearest in kinship to theproposed ward or proposed conservatee, or if none, that fact. If no such namesor addresses are known to the petitioner, butthepetitioner has reason to believe such persons exist, then the petition shallstate that fact and that thepetitioner has made diligent inquiry to learn those names and addresses;
(8) the name and address of any person or agency having custody of theproposed ward orproposed conservatee, or any other person or agency who has assumedresponsibility for theproposed ward or proposed conservatee, and the circumstances under which theproposed ward orproposed conservatee came into such person's or agency's care or control;
(9) the name and address of any person or corporation acting for or nominatedto act onbehalf of the proposed ward or proposed conservatee pursuant to any power ofattorney, trust or otherfiduciary relationship established by any court order, and a description ofthat authority orrelationship. If not known, the petition shall state that the petitioner hasmade diligent inquiry tolearn this information;
(10) a list and description of all court proceedings in which the proposedward or proposed conservateeis a party, or is the subject of, or may be a beneficiary of, or in which anyrights of the proposed wardor proposed conservatee may be determined or affected, and the name and addressof any attorneywho represents the proposed ward or proposed conservatee in such matter. If notknown, the petitionshall state that the petitioner has made diligent inquiry to learn thisinformation;
(11) in general terms, the location, type, and value of any real or personalproperty of theproposed ward or proposed conservatee, including the amount and sources of anyincome of theproposed ward or proposed conservatee. If not known, the petition shall statethat the petitioner hasmade diligent inquiry to learn this information;
(12) the names and addresses of witnesses by whom the truth of the petitionmay be proved;
(13) the name, age, date of birth, gender, address,place of employment, relationship to the proposed ward or proposedconservatee, ifany, of the individual or corporation whom the petitioner suggests that thecourt appoint asguardian or conservator, or both,and any personal or agency interest of the proposed guardian or proposedconservator that may be perceived as self-serving or adverse to the position orbest interest of the proposed ward or proposed conservatee,and if the suggested guardian orconservator is under contractwith the Kansas guardianship program, that fact;
(14) if the petitioner suggests the appointment of co-guardians orco-conservators, or both,a statement of the reasons why such appointment is sought and whether thepetitioner suggests thatthe co-guardians or co-conservators, if appointed, should be able to actindependently or whetherthey should be required to act only in concert or only in concert with regardto specified matters; and
(15) a request that the court make a determination that the proposed ward orproposedconservatee is an adult with an impairment in need of a guardian or aconservator, or both, that thecourt enter one or more of the orders provided for inK.S.A. 59-3063, 59-3064 and 59-3065,andamendments thereto, and that the court appoint a guardian or aconservator, or both, forthe proposed ward or proposed conservatee.
(c) Any such petition may be accompanied by, or the court may require thatsuch petitionbe accompanied by, a report of an examination and evaluation which meets therequirements ofK.S.A. 59-3064, and amendments thereto. In such case, the petitionmay includea request that thecourt accept this report in lieu of ordering any additional examination andevaluation pursuant toK.S.A. 59-3064, and amendments thereto.
(d) Any such petition may be accompanied by, or the court may require thatsuch petition beaccompanied by, a proposed guardianship plan as provided for inK.S.A. 59-3076, andamendments thereto, or a proposed conservatorship plan as provided for inK.S.A. 59-3079, and amendmentsthereto, or both.
History: L. 2002, ch. 114, § 9;L. 2008, ch. 64, § 3; July 1.
59-3058.Petition for appointment of guardian orconservator for an adult with an impairment; contents; evaluation;plan.(a) (1) Any person may file in the district court of thecounty of residence ofthe proposed wardor proposed conservatee or of any county wherein the proposed ward or proposedconservatee may be found, a verified petition requesting the appointment of aguardian or a conservator, or both, foran adult with an impairment in need of a guardian or conservator, or both. Ifthe proposedconservatee is not a resident of or present within the state of Kansas, suchpetition may be filed inthe district court of any county in which any property of the proposedconservatee is situated.
(2) If a petition is filed in the district court of a county other than thecounty of residence of theproposed ward or proposed conservatee, the court may consider whether it is inthe best interests ofthe proposed ward or proposed conservatee or in the interests of justice forthe proceedings to takeplace in that county.
(3) If the court finds it is not in the best interests of the proposed wardor proposed conservateeor in the interests of justice that the proceedings take place in that countyand the proposed ward orproposed conservatee is a nonresident of the state of Kansas, the court maydismiss the matterimmediately, or may continue the matter for a specific period of time not toexceed 60 days to allowfor the filing of proceedings in the state of residence. After the expirationof that period of time, orupon the filing of proceedings in the state of residence, the court shalldismiss the petition withoutprejudice.
(4) If the court finds it is not in the best interests of the proposed wardor proposed conservateeor in the interests of justice that the proceedings take place in that countyand the proposed ward orproposed conservatee is a resident of a different county in Kansas, the courtmay dismiss the matterimmediately, or may transfer venue to the county of residence, or may continuethe matter for aspecific period of time not to exceed 60 days to allow for the filing ofproceedings in the county ofresidence. After the expiration of that period of time, or upon the filing ofproceedings in the county of residence, the court shall dismiss the petitionwithout prejudice.
(b) The petition shall include:
(1) The petitioner's name and address;
(2) the proposed ward's or proposed conservatee's name, age, date of birth,address ofpermanent residence, and present address or whereabouts, if different from theproposed ward's orproposed conservatee's permanent residence;
(3) if the proposed ward or proposed conservatee is a nonresident of thecounty in which thepetition is filed, a statement of why it is in the best interests of theproposed ward or proposedconservatee or in the interests of justice for the proceedings to take place inthat county;
(4) if the proposed ward or proposed conservatee is under the age of 18years, the factualcircumstances under which the petitioner alleges that the minor should beconsidered to be of the ageof majority pursuant to the provisions of K.S.A. 38-101, and amendmentsthereto,or concerningwhen and where the rights of majority were conferred upon the minor pursuant tothe provisions ofK.S.A. 38-108, and amendments thereto;
(5) a statement that it is the petitioner's belief that the proposed ward orproposed conservateeis an adult with an impairment in need of a guardian or a conservator, or both;
(6) the factual basis upon which the petitioner makes that allegation;
(7) the names and addresses of any spouse, adult children and adultgrandchildren of theproposed ward or proposed conservatee, and those of any parent and adultsiblings of the proposedward or proposed conservatee, or if no such names or addresses are known to thepetitioner, thename and address of at least one adult who is nearest in kinship to theproposed ward or proposed conservatee, or if none, that fact. If no such namesor addresses are known to the petitioner, butthepetitioner has reason to believe such persons exist, then the petition shallstate that fact and that thepetitioner has made diligent inquiry to learn those names and addresses;
(8) the name and address of any person or agency having custody of theproposed ward orproposed conservatee, or any other person or agency who has assumedresponsibility for theproposed ward or proposed conservatee, and the circumstances under which theproposed ward orproposed conservatee came into such person's or agency's care or control;
(9) the name and address of any person or corporation acting for or nominatedto act onbehalf of the proposed ward or proposed conservatee pursuant to any power ofattorney, trust or otherfiduciary relationship established by any court order, and a description ofthat authority orrelationship. If not known, the petition shall state that the petitioner hasmade diligent inquiry tolearn this information;
(10) a list and description of all court proceedings in which the proposedward or proposed conservateeis a party, or is the subject of, or may be a beneficiary of, or in which anyrights of the proposed wardor proposed conservatee may be determined or affected, and the name and addressof any attorneywho represents the proposed ward or proposed conservatee in such matter. If notknown, the petitionshall state that the petitioner has made diligent inquiry to learn thisinformation;
(11) in general terms, the location, type, and value of any real or personalproperty of theproposed ward or proposed conservatee, including the amount and sources of anyincome of theproposed ward or proposed conservatee. If not known, the petition shall statethat the petitioner hasmade diligent inquiry to learn this information;
(12) the names and addresses of witnesses by whom the truth of the petitionmay be proved;
(13) the name, age, date of birth, gender, address,place of employment, relationship to the proposed ward or proposedconservatee, ifany, of the individual or corporation whom the petitioner suggests that thecourt appoint asguardian or conservator, or both,and any personal or agency interest of the proposed guardian or proposedconservator that may be perceived as self-serving or adverse to the position orbest interest of the proposed ward or proposed conservatee,and if the suggested guardian orconservator is under contractwith the Kansas guardianship program, that fact;
(14) if the petitioner suggests the appointment of co-guardians orco-conservators, or both,a statement of the reasons why such appointment is sought and whether thepetitioner suggests thatthe co-guardians or co-conservators, if appointed, should be able to actindependently or whetherthey should be required to act only in concert or only in concert with regardto specified matters; and
(15) a request that the court make a determination that the proposed ward orproposedconservatee is an adult with an impairment in need of a guardian or aconservator, or both, that thecourt enter one or more of the orders provided for inK.S.A. 59-3063, 59-3064 and 59-3065,andamendments thereto, and that the court appoint a guardian or aconservator, or both, forthe proposed ward or proposed conservatee.
(c) Any such petition may be accompanied by, or the court may require thatsuch petitionbe accompanied by, a report of an examination and evaluation which meets therequirements ofK.S.A. 59-3064, and amendments thereto. In such case, the petitionmay includea request that thecourt accept this report in lieu of ordering any additional examination andevaluation pursuant toK.S.A. 59-3064, and amendments thereto.
(d) Any such petition may be accompanied by, or the court may require thatsuch petition beaccompanied by, a proposed guardianship plan as provided for inK.S.A. 59-3076, andamendments thereto, or a proposed conservatorship plan as provided for inK.S.A. 59-3079, and amendmentsthereto, or both.
History: L. 2002, ch. 114, § 9;L. 2008, ch. 64, § 3; July 1.
59-3058.Petition for appointment of guardian orconservator for an adult with an impairment; contents; evaluation;plan.(a) (1) Any person may file in the district court of thecounty of residence ofthe proposed wardor proposed conservatee or of any county wherein the proposed ward or proposedconservatee may be found, a verified petition requesting the appointment of aguardian or a conservator, or both, foran adult with an impairment in need of a guardian or conservator, or both. Ifthe proposedconservatee is not a resident of or present within the state of Kansas, suchpetition may be filed inthe district court of any county in which any property of the proposedconservatee is situated.
(2) If a petition is filed in the district court of a county other than thecounty of residence of theproposed ward or proposed conservatee, the court may consider whether it is inthe best interests ofthe proposed ward or proposed conservatee or in the interests of justice forthe proceedings to takeplace in that county.
(3) If the court finds it is not in the best interests of the proposed wardor proposed conservateeor in the interests of justice that the proceedings take place in that countyand the proposed ward orproposed conservatee is a nonresident of the state of Kansas, the court maydismiss the matterimmediately, or may continue the matter for a specific period of time not toexceed 60 days to allowfor the filing of proceedings in the state of residence. After the expirationof that period of time, orupon the filing of proceedings in the state of residence, the court shalldismiss the petition withoutprejudice.
(4) If the court finds it is not in the best interests of the proposed wardor proposed conservateeor in the interests of justice that the proceedings take place in that countyand the proposed ward orproposed conservatee is a resident of a different county in Kansas, the courtmay dismiss the matterimmediately, or may transfer venue to the county of residence, or may continuethe matter for aspecific period of time not to exceed 60 days to allow for the filing ofproceedings in the county ofresidence. After the expiration of that period of time, or upon the filing ofproceedings in the county of residence, the court shall dismiss the petitionwithout prejudice.
(b) The petition shall include:
(1) The petitioner's name and address;
(2) the proposed ward's or proposed conservatee's name, age, date of birth,address ofpermanent residence, and present address or whereabouts, if different from theproposed ward's orproposed conservatee's permanent residence;
(3) if the proposed ward or proposed conservatee is a nonresident of thecounty in which thepetition is filed, a statement of why it is in the best interests of theproposed ward or proposedconservatee or in the interests of justice for the proceedings to take place inthat county;
(4) if the proposed ward or proposed conservatee is under the age of 18years, the factualcircumstances under which the petitioner alleges that the minor should beconsidered to be of the ageof majority pursuant to the provisions of K.S.A. 38-101, and amendmentsthereto,or concerningwhen and where the rights of majority were conferred upon the minor pursuant tothe provisions ofK.S.A. 38-108, and amendments thereto;
(5) a statement that it is the petitioner's belief that the proposed ward orproposed conservateeis an adult with an impairment in need of a guardian or a conservator, or both;
(6) the factual basis upon which the petitioner makes that allegation;
(7) the names and addresses of any spouse, adult children and adultgrandchildren of theproposed ward or proposed conservatee, and those of any parent and adultsiblings of the proposedward or proposed conservatee, or if no such names or addresses are known to thepetitioner, thename and address of at least one adult who is nearest in kinship to theproposed ward or proposed conservatee, or if none, that fact. If no such namesor addresses are known to the petitioner, butthepetitioner has reason to believe such persons exist, then the petition shallstate that fact and that thepetitioner has made diligent inquiry to learn those names and addresses;
(8) the name and address of any person or agency having custody of theproposed ward orproposed conservatee, or any other person or agency who has assumedresponsibility for theproposed ward or proposed conservatee, and the circumstances under which theproposed ward orproposed conservatee came into such person's or agency's care or control;
(9) the name and address of any person or corporation acting for or nominatedto act onbehalf of the proposed ward or proposed conservatee pursuant to any power ofattorney, trust or otherfiduciary relationship established by any court order, and a description ofthat authority orrelationship. If not known, the petition shall state that the petitioner hasmade diligent inquiry tolearn this information;
(10) a list and description of all court proceedings in which the proposedward or proposed conservateeis a party, or is the subject of, or may be a beneficiary of, or in which anyrights of the proposed wardor proposed conservatee may be determined or affected, and the name and addressof any attorneywho represents the proposed ward or proposed conservatee in such matter. If notknown, the petitionshall state that the petitioner has made diligent inquiry to learn thisinformation;
(11) in general terms, the location, type, and value of any real or personalproperty of theproposed ward or proposed conservatee, including the amount and sources of anyincome of theproposed ward or proposed conservatee. If not known, the petition shall statethat the petitioner hasmade diligent inquiry to learn this information;
(12) the names and addresses of witnesses by whom the truth of the petitionmay be proved;
(13) the name, age, date of birth, gender, address,place of employment, relationship to the proposed ward or proposedconservatee, ifany, of the individual or corporation whom the petitioner suggests that thecourt appoint asguardian or conservator, or both,and any personal or agency interest of the proposed guardian or proposedconservator that may be perceived as self-serving or adverse to the position orbest interest of the proposed ward or proposed conservatee,and if the suggested guardian orconservator is under contractwith the Kansas guardianship program, that fact;
(14) if the petitioner suggests the appointment of co-guardians orco-conservators, or both,a statement of the reasons why such appointment is sought and whether thepetitioner suggests thatthe co-guardians or co-conservators, if appointed, should be able to actindependently or whetherthey should be required to act only in concert or only in concert with regardto specified matters; and
(15) a request that the court make a determination that the proposed ward orproposedconservatee is an adult with an impairment in need of a guardian or aconservator, or both, that thecourt enter one or more of the orders provided for inK.S.A. 59-3063, 59-3064 and 59-3065,andamendments thereto, and that the court appoint a guardian or aconservator, or both, forthe proposed ward or proposed conservatee.
(c) Any such petition may be accompanied by, or the court may require thatsuch petitionbe accompanied by, a report of an examination and evaluation which meets therequirements ofK.S.A. 59-3064, and amendments thereto. In such case, the petitionmay includea request that thecourt accept this report in lieu of ordering any additional examination andevaluation pursuant toK.S.A. 59-3064, and amendments thereto.
(d) Any such petition may be accompanied by, or the court may require thatsuch petition beaccompanied by, a proposed guardianship plan as provided for inK.S.A. 59-3076, andamendments thereto, or a proposed conservatorship plan as provided for inK.S.A. 59-3079, and amendmentsthereto, or both.
History: L. 2002, ch. 114, § 9;L. 2008, ch. 64, § 3; July 1.
