59-3065.Discretionary preliminary orders;procedure.(a) Upon the filing of apetition as provided for inK.S.A. 59-3058, 59-3059, 59-3060,59-3061 or 59-3062 and amendmentsthereto, or at any timethereafter until the trial providedfor inK.S.A. 59-3067, and amendments thereto, the court may enterany of thefollowing:
(1) An order for an investigationand report concerning the proposed ward's or proposedconservatee's familyrelationships, past conduct, the nature and extent of anyproperty or income of the proposed wardor proposed conservatee; whether the proposed ward or proposedconservatee is likely toinjure self or others, or other matters as the courtmay specify. If requested to do so bythe court, the secretary of social and rehabilitation services shall conductthisinvestigation. Otherwise, the courtmay appoint any other person who is qualifiedto conductthis investigation, and the costs of thisinvestigation shall be assessed as provided for inK.S.A. 59-3094,andamendments thereto.
(2) Any orders requested or authorized pursuant toK.S.A. 59-3073,andamendments thereto.
(3) For good cause shown, an order of continuance of the trial setpursuant toK.S.A. 59-3063, and amendments thereto.
(4) For good cause shown, an order of advancement of the trial set pursuanttoK.S.A. 59-3063, and amendments thereto.
(5) For good cause shown, an order changing the place of the trial setpursuant toK.S.A. 59-3063, and amendments thereto.
(6) A notice in the manner provided for inK.S.A. 59-3066, andamendmentsthereto.
(b) Upon the filing of a petition as provided for inK.S.A. 59-3059, andamendmentsthereto, alleging that the proposed ward or proposed conservatee isa minor in need ofa guardian or conservator, or both, the court may issue any of thefollowing:
(1) An order of temporary custody of the minor.
(2) An order requiring that the minor appear at thetime and place of the trial set pursuant to subsection (b) ofK.S.A. 59-3063, andamendments thereto. If anorder to appear is entered, but is later rescinded, the court shall enter inthe record of the proceedingsthe facts upon which the court found subsequent to the issuance of the orderthat the presence of theminor should be excused.
(3) An order appointing an attorney to represent the minor. The court shallgive preference, in the appointmentof theattorney, to any attorney who has represented the minor in other matters if thecourt has knowledgeof that prior representation, or to an attorney whom the minor, if 14 years ofage or older, hasrequested. Any appointment made by the court shall terminate upon a finaldetermination of thepetition and any appeal therefrom, unless the court continues the appointmentby further order. Thereafter, an attorney may be appointed by the court ifrequested, in writing, by the guardian,conservator or minor, if 14 years of age or older, or upon the court's ownmotion.
(4) A notice in the manner provided for inK.S.A. 59-3066, andamendmentsthereto.
(5) An order for a psychological or other examination and evaluationof the minor as may be specified by the court. The court may order theminor to submit to such anexamination and evaluation to be conducted through a general hospital,psychiatric hospital,community mental health center, communitydevelopmental disability organization,or by a private physician, psychiatrist, psychologist or otherperson appointed by the court who is qualified toexamine and evaluate the minor. The costs of this examination and evaluationshall be assessed asprovided for inK.S.A. 59-3094, and amendments thereto.
(c) Upon the filing of a petition as provided for inK.S.A. 59-3060, andamendments thereto,alleging that the proposed ward or proposed conservatee is a minor with animpairment in need ofa guardian or conservator, or both, the court may issue an order of temporarycustody of the minor.
(d) Upon the filing of a petition as provided for inK.S.A. 59-3061, andamendments thereto, allegingthat theproposed ward or proposed conservatee is a person who has been previouslyadjudged as impairedin another state, the court may issue any of the following:
(1) An order appointing an attorney to represent the proposed ward orproposed conservatee.In making this appointment, the court shall consider the appointment of anyattorney who hasrepresented the proposed ward or proposed conservatee in other matters if thecourt has knowledgeof that prior representation. Any appointment made by the court shall terminateupon a finaldetermination of the petition and any appeal therefrom, unless the courtcontinues the appointmentby further order. Thereafter, an attorney may be appointed at any time ifrequested, in writing, bythe ward, conservatee, guardian or conservator, or upon the court's own motion.
(2) An order requiring that the proposed ward or proposed conservatee appearat the time andplace of the trial set pursuant to subsection (d) ofK.S.A. 59-3063,and amendmentsthereto. If an order to appearis entered, but later rescinded, the court shall enter in the record of theproceedings the facts uponwhich the court found subsequent to the issuance of the order that the presenceof the proposed wardor proposed conservatee should be excused.
(3) An order for an examination and evaluation of the proposed ward orproposed conservateeas may be specified by the court. The court may order the proposed ward orproposed conservateeto submit to such an examination and evaluation to be conducted through ageneral hospital,psychiatric hospital, community mental health center, community developmentaldisabilityorganization, or by a private physician, psychiatrist, psychologist or otherperson appointed by thecourt who is qualified to examine and evaluate the proposed ward or proposedconservatee. The costs of this examination and evaluation shall be assessed asprovided for inK.S.A. 59-3094, andamendments thereto.
(4) A notice in the manner provided for inK.S.A. 59-3066, andamendmentsthereto.
(e) Upon the filing of a petition as provided for inK.S.A. 59-3062, andamendments thereto,alleging that the proposed conservatee is a person in need of an ancillaryconservator and requestingthe appointment of an ancillary conservator in Kansas, the court may issue anyof the following:
(1) An order appointing an attorney to represent the proposed conservatee.In making thisappointment, the court shall consider the appointment of any attorney who hasrepresented theproposed conservatee in other matters if the court has knowledge of that priorrepresentation. Anyappointment made by the court shall terminate upon a final determination of thepetition and anyappeal therefrom, unless the court continues the appointment by further order.Thereafter, anattorney may be appointed at any time if requested, in writing, by theconservatee or conservator, orupon the court's own motion.
(2) A notice in the manner provided for inK.S.A. 59-3066, andamendments thereto.
59-3065.Discretionary preliminary orders;procedure.(a) Upon the filing of apetition as provided for inK.S.A. 59-3058, 59-3059, 59-3060,59-3061 or 59-3062 and amendmentsthereto, or at any timethereafter until the trial providedfor inK.S.A. 59-3067, and amendments thereto, the court may enterany of thefollowing:
(1) An order for an investigationand report concerning the proposed ward's or proposedconservatee's familyrelationships, past conduct, the nature and extent of anyproperty or income of the proposed wardor proposed conservatee; whether the proposed ward or proposedconservatee is likely toinjure self or others, or other matters as the courtmay specify. If requested to do so bythe court, the secretary of social and rehabilitation services shall conductthisinvestigation. Otherwise, the courtmay appoint any other person who is qualifiedto conductthis investigation, and the costs of thisinvestigation shall be assessed as provided for inK.S.A. 59-3094,andamendments thereto.
(2) Any orders requested or authorized pursuant toK.S.A. 59-3073,andamendments thereto.
(3) For good cause shown, an order of continuance of the trial setpursuant toK.S.A. 59-3063, and amendments thereto.
(4) For good cause shown, an order of advancement of the trial set pursuanttoK.S.A. 59-3063, and amendments thereto.
(5) For good cause shown, an order changing the place of the trial setpursuant toK.S.A. 59-3063, and amendments thereto.
(6) A notice in the manner provided for inK.S.A. 59-3066, andamendmentsthereto.
(b) Upon the filing of a petition as provided for inK.S.A. 59-3059, andamendmentsthereto, alleging that the proposed ward or proposed conservatee isa minor in need ofa guardian or conservator, or both, the court may issue any of thefollowing:
(1) An order of temporary custody of the minor.
(2) An order requiring that the minor appear at thetime and place of the trial set pursuant to subsection (b) ofK.S.A. 59-3063, andamendments thereto. If anorder to appear is entered, but is later rescinded, the court shall enter inthe record of the proceedingsthe facts upon which the court found subsequent to the issuance of the orderthat the presence of theminor should be excused.
(3) An order appointing an attorney to represent the minor. The court shallgive preference, in the appointmentof theattorney, to any attorney who has represented the minor in other matters if thecourt has knowledgeof that prior representation, or to an attorney whom the minor, if 14 years ofage or older, hasrequested. Any appointment made by the court shall terminate upon a finaldetermination of thepetition and any appeal therefrom, unless the court continues the appointmentby further order. Thereafter, an attorney may be appointed by the court ifrequested, in writing, by the guardian,conservator or minor, if 14 years of age or older, or upon the court's ownmotion.
(4) A notice in the manner provided for inK.S.A. 59-3066, andamendmentsthereto.
(5) An order for a psychological or other examination and evaluationof the minor as may be specified by the court. The court may order theminor to submit to such anexamination and evaluation to be conducted through a general hospital,psychiatric hospital,community mental health center, communitydevelopmental disability organization,or by a private physician, psychiatrist, psychologist or otherperson appointed by the court who is qualified toexamine and evaluate the minor. The costs of this examination and evaluationshall be assessed asprovided for inK.S.A. 59-3094, and amendments thereto.
(c) Upon the filing of a petition as provided for inK.S.A. 59-3060, andamendments thereto,alleging that the proposed ward or proposed conservatee is a minor with animpairment in need ofa guardian or conservator, or both, the court may issue an order of temporarycustody of the minor.
(d) Upon the filing of a petition as provided for inK.S.A. 59-3061, andamendments thereto, allegingthat theproposed ward or proposed conservatee is a person who has been previouslyadjudged as impairedin another state, the court may issue any of the following:
(1) An order appointing an attorney to represent the proposed ward orproposed conservatee.In making this appointment, the court shall consider the appointment of anyattorney who hasrepresented the proposed ward or proposed conservatee in other matters if thecourt has knowledgeof that prior representation. Any appointment made by the court shall terminateupon a finaldetermination of the petition and any appeal therefrom, unless the courtcontinues the appointmentby further order. Thereafter, an attorney may be appointed at any time ifrequested, in writing, bythe ward, conservatee, guardian or conservator, or upon the court's own motion.
(2) An order requiring that the proposed ward or proposed conservatee appearat the time andplace of the trial set pursuant to subsection (d) ofK.S.A. 59-3063,and amendmentsthereto. If an order to appearis entered, but later rescinded, the court shall enter in the record of theproceedings the facts uponwhich the court found subsequent to the issuance of the order that the presenceof the proposed wardor proposed conservatee should be excused.
(3) An order for an examination and evaluation of the proposed ward orproposed conservateeas may be specified by the court. The court may order the proposed ward orproposed conservateeto submit to such an examination and evaluation to be conducted through ageneral hospital,psychiatric hospital, community mental health center, community developmentaldisabilityorganization, or by a private physician, psychiatrist, psychologist or otherperson appointed by thecourt who is qualified to examine and evaluate the proposed ward or proposedconservatee. The costs of this examination and evaluation shall be assessed asprovided for inK.S.A. 59-3094, andamendments thereto.
(4) A notice in the manner provided for inK.S.A. 59-3066, andamendmentsthereto.
(e) Upon the filing of a petition as provided for inK.S.A. 59-3062, andamendments thereto,alleging that the proposed conservatee is a person in need of an ancillaryconservator and requestingthe appointment of an ancillary conservator in Kansas, the court may issue anyof the following:
(1) An order appointing an attorney to represent the proposed conservatee.In making thisappointment, the court shall consider the appointment of any attorney who hasrepresented theproposed conservatee in other matters if the court has knowledge of that priorrepresentation. Anyappointment made by the court shall terminate upon a final determination of thepetition and anyappeal therefrom, unless the court continues the appointment by further order.Thereafter, anattorney may be appointed at any time if requested, in writing, by theconservatee or conservator, orupon the court's own motion.
(2) A notice in the manner provided for inK.S.A. 59-3066, andamendments thereto.
59-3065.Discretionary preliminary orders;procedure.(a) Upon the filing of apetition as provided for inK.S.A. 59-3058, 59-3059, 59-3060,59-3061 or 59-3062 and amendmentsthereto, or at any timethereafter until the trial providedfor inK.S.A. 59-3067, and amendments thereto, the court may enterany of thefollowing:
(1) An order for an investigationand report concerning the proposed ward's or proposedconservatee's familyrelationships, past conduct, the nature and extent of anyproperty or income of the proposed wardor proposed conservatee; whether the proposed ward or proposedconservatee is likely toinjure self or others, or other matters as the courtmay specify. If requested to do so bythe court, the secretary of social and rehabilitation services shall conductthisinvestigation. Otherwise, the courtmay appoint any other person who is qualifiedto conductthis investigation, and the costs of thisinvestigation shall be assessed as provided for inK.S.A. 59-3094,andamendments thereto.
(2) Any orders requested or authorized pursuant toK.S.A. 59-3073,andamendments thereto.
(3) For good cause shown, an order of continuance of the trial setpursuant toK.S.A. 59-3063, and amendments thereto.
(4) For good cause shown, an order of advancement of the trial set pursuanttoK.S.A. 59-3063, and amendments thereto.
(5) For good cause shown, an order changing the place of the trial setpursuant toK.S.A. 59-3063, and amendments thereto.
(6) A notice in the manner provided for inK.S.A. 59-3066, andamendmentsthereto.
(b) Upon the filing of a petition as provided for inK.S.A. 59-3059, andamendmentsthereto, alleging that the proposed ward or proposed conservatee isa minor in need ofa guardian or conservator, or both, the court may issue any of thefollowing:
(1) An order of temporary custody of the minor.
(2) An order requiring that the minor appear at thetime and place of the trial set pursuant to subsection (b) ofK.S.A. 59-3063, andamendments thereto. If anorder to appear is entered, but is later rescinded, the court shall enter inthe record of the proceedingsthe facts upon which the court found subsequent to the issuance of the orderthat the presence of theminor should be excused.
(3) An order appointing an attorney to represent the minor. The court shallgive preference, in the appointmentof theattorney, to any attorney who has represented the minor in other matters if thecourt has knowledgeof that prior representation, or to an attorney whom the minor, if 14 years ofage or older, hasrequested. Any appointment made by the court shall terminate upon a finaldetermination of thepetition and any appeal therefrom, unless the court continues the appointmentby further order. Thereafter, an attorney may be appointed by the court ifrequested, in writing, by the guardian,conservator or minor, if 14 years of age or older, or upon the court's ownmotion.
(4) A notice in the manner provided for inK.S.A. 59-3066, andamendmentsthereto.
(5) An order for a psychological or other examination and evaluationof the minor as may be specified by the court. The court may order theminor to submit to such anexamination and evaluation to be conducted through a general hospital,psychiatric hospital,community mental health center, communitydevelopmental disability organization,or by a private physician, psychiatrist, psychologist or otherperson appointed by the court who is qualified toexamine and evaluate the minor. The costs of this examination and evaluationshall be assessed asprovided for inK.S.A. 59-3094, and amendments thereto.
(c) Upon the filing of a petition as provided for inK.S.A. 59-3060, andamendments thereto,alleging that the proposed ward or proposed conservatee is a minor with animpairment in need ofa guardian or conservator, or both, the court may issue an order of temporarycustody of the minor.
(d) Upon the filing of a petition as provided for inK.S.A. 59-3061, andamendments thereto, allegingthat theproposed ward or proposed conservatee is a person who has been previouslyadjudged as impairedin another state, the court may issue any of the following:
(1) An order appointing an attorney to represent the proposed ward orproposed conservatee.In making this appointment, the court shall consider the appointment of anyattorney who hasrepresented the proposed ward or proposed conservatee in other matters if thecourt has knowledgeof that prior representation. Any appointment made by the court shall terminateupon a finaldetermination of the petition and any appeal therefrom, unless the courtcontinues the appointmentby further order. Thereafter, an attorney may be appointed at any time ifrequested, in writing, bythe ward, conservatee, guardian or conservator, or upon the court's own motion.
(2) An order requiring that the proposed ward or proposed conservatee appearat the time andplace of the trial set pursuant to subsection (d) ofK.S.A. 59-3063,and amendmentsthereto. If an order to appearis entered, but later rescinded, the court shall enter in the record of theproceedings the facts uponwhich the court found subsequent to the issuance of the order that the presenceof the proposed wardor proposed conservatee should be excused.
(3) An order for an examination and evaluation of the proposed ward orproposed conservateeas may be specified by the court. The court may order the proposed ward orproposed conservateeto submit to such an examination and evaluation to be conducted through ageneral hospital,psychiatric hospital, community mental health center, community developmentaldisabilityorganization, or by a private physician, psychiatrist, psychologist or otherperson appointed by thecourt who is qualified to examine and evaluate the proposed ward or proposedconservatee. The costs of this examination and evaluation shall be assessed asprovided for inK.S.A. 59-3094, andamendments thereto.
(4) A notice in the manner provided for inK.S.A. 59-3066, andamendmentsthereto.
(e) Upon the filing of a petition as provided for inK.S.A. 59-3062, andamendments thereto,alleging that the proposed conservatee is a person in need of an ancillaryconservator and requestingthe appointment of an ancillary conservator in Kansas, the court may issue anyof the following:
(1) An order appointing an attorney to represent the proposed conservatee.In making thisappointment, the court shall consider the appointment of any attorney who hasrepresented theproposed conservatee in other matters if the court has knowledge of that priorrepresentation. Anyappointment made by the court shall terminate upon a final determination of thepetition and anyappeal therefrom, unless the court continues the appointment by further order.Thereafter, anattorney may be appointed at any time if requested, in writing, by theconservatee or conservator, orupon the court's own motion.
(2) A notice in the manner provided for inK.S.A. 59-3066, andamendments thereto.
