59-3069.Oaths; bonds; resident agent;letters; basic instructional program.(a) When the court appoints an individualor a corporation as a guardian, the court shall require that the individual ora representative on behalfof the corporation file with the court an oath or affirmation as required byK.S.A. 59-1702, andamendments thereto.
(b) When the court appoints an individual or a corporation as a conservator,except asprovided for in subsections (c), (d) or (e), or inK.S.A. 59-3055,andamendments thereto, the courtshall require that the individual or a representative on behalf of thecorporation file with the courta bond in the amount of 125% of the combined value of the tangible andintangible personal propertyin the conservatee's estate and the total of any annual income from any sourcewhich the conservatormay be expected to receive on behalf of the conservatee, minus any reasonablyexpected expenses,conditioned upon the faithful discharge of all the duties of the conservator'strust according to law,and with sufficient sureties as the court may determine necessary orappropriate.
(c) When the court appoints an individual or a corporation as a conservatorpursuant to arequest for a voluntary conservatorship as provided for inK.S.A. 59-3056, andamendments thereto,and the person for whom the voluntary conservatorship is established hasrequested that theindividual or corporation appointed not be required to file a bond, the courtmay waive the filing ofa bond; provided that the court may later require the filing of a bond ifcircumstances so require.
(d) If, at the time of the appointment of a conservator, there is no propertyin the possessionof the conservatee requiring a conservatorship, but the court finds that thereis likely to be such atsome point in time, the court may waive the filing of a bond andorder that theconservator shall immediately file a report with the court upon either theconservator cominginto possession of anyproperty of the conservatee, or if the conservatee becomes entitled to receiveany property which the conservator believesshould be placed within the conservatorship. Upon the filing of such a report,the court,following anyhearing the court may determine appropriate, may require the conservator tofile abond as provided forherein.
(e) If the conservator appointed is the individual or corporation suggestedby a testator orsettlor as provided for inK.S.A. 59-3054, and amendments thereto,and the testatoror settlor hasprovided by will or trust that no bond should be required of such conservator,the court may waivethe filing of a bond; provided that the court may later require the filing of abond if circumstancesso require.
(f) If the conservator is a bank having trust authority or a trust companyorganized andhaving its principal place of business within the state of Kansas, the courtmay waive the filing ofa bond.
(g) If the conservator appointed is under contract with the Kansasguardianship program, thedepartment of social and rehabilitation services shall act as surety on thebond. The court shall order that a certifiedcopy of the order appointing a conservator who is under contract with theKansas guardianshipprogram be sent to the director of the Kansas guardianship program.
(h) If the individual appointed as guardian orconservator, orboth, resides outsideof Kansas, the court shall require that person, and in the case of acorporation being appointed asguardian or conservator, or both, the court shall require arepresentativeof the corporation, toappoint, in writing, a resident agent pursuant to K.S.A. 59-1706, andamendments thereto.
(i) Upon the filing of the required oath or bond, and appointment and consentof a residentagent, the court shall issue letters of guardianship to the guardian or lettersof conservatorship tothe conservator, or both. The court may order that a certified copy of theseletters be sent to suchpersons or agencies as the court specifies.
(j) Every individual appointed as guardian or conservator on or afterJanuary 1, 2009, shall file with the court evidence of completion of a basicinstructional program concerning the duties and responsibilities of a guardianor conservator prior to the issuance of letters of guardianship orconservatorship. The court shall have the authority to require any guardian orconservator appointed prior to January 1, 2009, to complete the basicinstructional program and provide evidence thereof to the court. The materialscomprising the basic instructional program shall be prepared by the judicialcouncil.
History: L. 2002, ch. 114, § 20;L. 2008, ch. 150, § 6; July 1.
59-3069.Oaths; bonds; resident agent;letters; basic instructional program.(a) When the court appoints an individualor a corporation as a guardian, the court shall require that the individual ora representative on behalfof the corporation file with the court an oath or affirmation as required byK.S.A. 59-1702, andamendments thereto.
(b) When the court appoints an individual or a corporation as a conservator,except asprovided for in subsections (c), (d) or (e), or inK.S.A. 59-3055,andamendments thereto, the courtshall require that the individual or a representative on behalf of thecorporation file with the courta bond in the amount of 125% of the combined value of the tangible andintangible personal propertyin the conservatee's estate and the total of any annual income from any sourcewhich the conservatormay be expected to receive on behalf of the conservatee, minus any reasonablyexpected expenses,conditioned upon the faithful discharge of all the duties of the conservator'strust according to law,and with sufficient sureties as the court may determine necessary orappropriate.
(c) When the court appoints an individual or a corporation as a conservatorpursuant to arequest for a voluntary conservatorship as provided for inK.S.A. 59-3056, andamendments thereto,and the person for whom the voluntary conservatorship is established hasrequested that theindividual or corporation appointed not be required to file a bond, the courtmay waive the filing ofa bond; provided that the court may later require the filing of a bond ifcircumstances so require.
(d) If, at the time of the appointment of a conservator, there is no propertyin the possessionof the conservatee requiring a conservatorship, but the court finds that thereis likely to be such atsome point in time, the court may waive the filing of a bond andorder that theconservator shall immediately file a report with the court upon either theconservator cominginto possession of anyproperty of the conservatee, or if the conservatee becomes entitled to receiveany property which the conservator believesshould be placed within the conservatorship. Upon the filing of such a report,the court,following anyhearing the court may determine appropriate, may require the conservator tofile abond as provided forherein.
(e) If the conservator appointed is the individual or corporation suggestedby a testator orsettlor as provided for inK.S.A. 59-3054, and amendments thereto,and the testatoror settlor hasprovided by will or trust that no bond should be required of such conservator,the court may waivethe filing of a bond; provided that the court may later require the filing of abond if circumstancesso require.
(f) If the conservator is a bank having trust authority or a trust companyorganized andhaving its principal place of business within the state of Kansas, the courtmay waive the filing ofa bond.
(g) If the conservator appointed is under contract with the Kansasguardianship program, thedepartment of social and rehabilitation services shall act as surety on thebond. The court shall order that a certifiedcopy of the order appointing a conservator who is under contract with theKansas guardianshipprogram be sent to the director of the Kansas guardianship program.
(h) If the individual appointed as guardian orconservator, orboth, resides outsideof Kansas, the court shall require that person, and in the case of acorporation being appointed asguardian or conservator, or both, the court shall require arepresentativeof the corporation, toappoint, in writing, a resident agent pursuant to K.S.A. 59-1706, andamendments thereto.
(i) Upon the filing of the required oath or bond, and appointment and consentof a residentagent, the court shall issue letters of guardianship to the guardian or lettersof conservatorship tothe conservator, or both. The court may order that a certified copy of theseletters be sent to suchpersons or agencies as the court specifies.
(j) Every individual appointed as guardian or conservator on or afterJanuary 1, 2009, shall file with the court evidence of completion of a basicinstructional program concerning the duties and responsibilities of a guardianor conservator prior to the issuance of letters of guardianship orconservatorship. The court shall have the authority to require any guardian orconservator appointed prior to January 1, 2009, to complete the basicinstructional program and provide evidence thereof to the court. The materialscomprising the basic instructional program shall be prepared by the judicialcouncil.
History: L. 2002, ch. 114, § 20;L. 2008, ch. 150, § 6; July 1.
59-3069.Oaths; bonds; resident agent;letters; basic instructional program.(a) When the court appoints an individualor a corporation as a guardian, the court shall require that the individual ora representative on behalfof the corporation file with the court an oath or affirmation as required byK.S.A. 59-1702, andamendments thereto.
(b) When the court appoints an individual or a corporation as a conservator,except asprovided for in subsections (c), (d) or (e), or inK.S.A. 59-3055,andamendments thereto, the courtshall require that the individual or a representative on behalf of thecorporation file with the courta bond in the amount of 125% of the combined value of the tangible andintangible personal propertyin the conservatee's estate and the total of any annual income from any sourcewhich the conservatormay be expected to receive on behalf of the conservatee, minus any reasonablyexpected expenses,conditioned upon the faithful discharge of all the duties of the conservator'strust according to law,and with sufficient sureties as the court may determine necessary orappropriate.
(c) When the court appoints an individual or a corporation as a conservatorpursuant to arequest for a voluntary conservatorship as provided for inK.S.A. 59-3056, andamendments thereto,and the person for whom the voluntary conservatorship is established hasrequested that theindividual or corporation appointed not be required to file a bond, the courtmay waive the filing ofa bond; provided that the court may later require the filing of a bond ifcircumstances so require.
(d) If, at the time of the appointment of a conservator, there is no propertyin the possessionof the conservatee requiring a conservatorship, but the court finds that thereis likely to be such atsome point in time, the court may waive the filing of a bond andorder that theconservator shall immediately file a report with the court upon either theconservator cominginto possession of anyproperty of the conservatee, or if the conservatee becomes entitled to receiveany property which the conservator believesshould be placed within the conservatorship. Upon the filing of such a report,the court,following anyhearing the court may determine appropriate, may require the conservator tofile abond as provided forherein.
(e) If the conservator appointed is the individual or corporation suggestedby a testator orsettlor as provided for inK.S.A. 59-3054, and amendments thereto,and the testatoror settlor hasprovided by will or trust that no bond should be required of such conservator,the court may waivethe filing of a bond; provided that the court may later require the filing of abond if circumstancesso require.
(f) If the conservator is a bank having trust authority or a trust companyorganized andhaving its principal place of business within the state of Kansas, the courtmay waive the filing ofa bond.
(g) If the conservator appointed is under contract with the Kansasguardianship program, thedepartment of social and rehabilitation services shall act as surety on thebond. The court shall order that a certifiedcopy of the order appointing a conservator who is under contract with theKansas guardianshipprogram be sent to the director of the Kansas guardianship program.
(h) If the individual appointed as guardian orconservator, orboth, resides outsideof Kansas, the court shall require that person, and in the case of acorporation being appointed asguardian or conservator, or both, the court shall require arepresentativeof the corporation, toappoint, in writing, a resident agent pursuant to K.S.A. 59-1706, andamendments thereto.
(i) Upon the filing of the required oath or bond, and appointment and consentof a residentagent, the court shall issue letters of guardianship to the guardian or lettersof conservatorship tothe conservator, or both. The court may order that a certified copy of theseletters be sent to suchpersons or agencies as the court specifies.
(j) Every individual appointed as guardian or conservator on or afterJanuary 1, 2009, shall file with the court evidence of completion of a basicinstructional program concerning the duties and responsibilities of a guardianor conservator prior to the issuance of letters of guardianship orconservatorship. The court shall have the authority to require any guardian orconservator appointed prior to January 1, 2009, to complete the basicinstructional program and provide evidence thereof to the court. The materialscomprising the basic instructional program shall be prepared by the judicialcouncil.
History: L. 2002, ch. 114, § 20;L. 2008, ch. 150, § 6; July 1.
