59-3073.Temporary guardian; temporary conservator;petition; order; hearings.(a) At any time after the filing of the petition providedfor inK.S.A. 59-3058, 59-3059, 59-3060, 59-3061 or 59-3062, andamendments thereto, but prior to thetrial providedfor inK.S.A. 59-3067, and amendments thereto, if it appears thatthere may be animminent danger to the physical health or safety of the proposed ward requiringimmediate action to be taken to protect the proposed ward, or that there may bean imminent danger that the estate of the proposed conservatee will besignificantly depleted unless immediate action is taken to protect the estate,or both, any person may file in addition tothat originalpetition, or as a part thereof,a verified petition requesting the appointment of a temporary guardian or atemporary conservator,or both, except if the petition alleges that the proposed conservatee is aperson in need of an ancillaryconservator, and requests the appointment of an ancillary conservator inKansas, in which case thepetition may request the appointment of a temporary ancillary conservator. Thepetition shallinclude:
(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) a statement that it is the petitioner's belief that there is an imminentdanger to the physicalhealth or safety of the proposed ward requiring immediate action to be taken toprotect the proposed ward, or that there is an imminent danger that the estateof the proposed conservatee will besignificantly depleted unless immediate action is taken to protect the estate,or both;
(4) the factual basis upon which the petitioner alleges this imminent danger;
(5) the names and addresses of witnesses by whom the truth of this petitionmay be proved;
(6) the name, address and relationship to the proposed ward or proposedconservatee, if any,of the individual or corporation whom the petitioner suggests that the courtappoint as the temporaryguardian or temporary conservator, or both, and if the proposed temporaryguardian or temporaryconservator is under contract with the Kansas guardianship program, that fact;and
(7) a request that the court make an ex parte determination that there existssuch imminentdanger, and that the court appoint a temporary guardian or a temporaryconservator, or both, withsuch powers as the court deems necessary to protect the proposed ward or theestate of the proposedconservatee.
(b) (1) If the court determines that there is good cause to believe thattheproposed ward orproposed conservatee is an adult with an impairment in need of a guardian or aconservator, or both,or is a minor in need of a guardian or a conservator, or both, or is a minorwith an impairment inneed of a guardian or a conservator, or both, or is a person who has beenpreviously adjudged asimpaired in another state, or is a person in need of an ancillary conservator,as alleged in the originalpetition, and that there exists an imminent danger to the physical health orsafety of the proposedward, or that there exists an imminent danger that the estate of the proposedconservatee will besignificantly depleted, the court may enter an ex parte emergency orderappointing a temporaryguardian or a temporary conservator, or both.
(2) The court shall specify whatpowers and duties asprovided for inK.S.A. 59-3075, 59-3076, 59-3077, 59-3078, 59-3079or 59-3080, and amendments thereto, thetemporary guardian or temporary conservator shall have. The court may furtherauthorize thetemporary guardian or temporary conservator to seek appropriate injunctive orother immediate relieffrom any appropriate court or other authority.
(3) Subject to the provisions of subsection (g), the court shall specifywithin its order when the authority of the temporary guardian or temporaryconservator, or both, shall expire, but in no case shall the court specify adate beyond 30 days following the issuance of the order. The court may issuesuccessive orders extending the authority of a temporary guardian or temporaryconservator, or both, only upon the filing of a written request for such, andfollowing a hearing held similarly as provided for in subsection (e) todetermine the need for and appropriateness of any such extension.
(4) The court shall order that a copy of any order issued pursuant to thissubsection be promptly served upon the proposed ward or proposed conservatee,the attorney for the proposed ward or proposed conservatee, the spouse of theproposed ward or proposed conservatee, and in the case of a minor, the naturalguardian of the minor, along with notice. Such notice shall specify the rightsof the proposed ward or proposed conservatee, and of others, consistent withtheprovisions of subsection (c).
(c) If the court enters an ex parte order appointing a temporary guardian ora temporaryconservator, or both, the proposed ward or proposed conservatee, the attorneyfor the proposed wardor proposed conservatee, the spouse of the proposed ward or proposedconservatee, or in the caseof a minor, the natural guardian of the minor, may request a hearing on thematter if a written requestfor such is filed with the court not later than the third day following theentry of the ex parte order,or of service of the ex parte order upon the proposed ward or proposedconservatee, if later. Uponreceipt of such a request, the court shall fix the time and place for a hearingupon the request, which hearing shall be held not later than the second dayfollowing the filing of the request, excluding any Saturday, Sunday or legalholiday, andshall direct how and to whom notice of such hearing shall be given.
(d) In lieu of entering an ex parte emergency order of appointment of atemporary guardianor a temporary conservator, or both, the court may deny the relief requested orset the time and placefor a hearing to be held on the request for the appointment of a temporaryguardian or a temporaryconservator, or both, which hearing shall be held not later than the second dayfollowing the filingof the petition, excluding any Saturday, Sunday or legal holiday. The courtmay direct that noticethereof be given to the petitioner, the original petitioner, if different, theproposed ward or proposedconservatee, the spouse of the proposed ward or proposed conservatee, in thecase of a minor, thenatural guardian of the minor, and such other persons as the court determinesappropriate. The courtshall determine by whom and in what manner such notice shall be given. Thecourt may enter anorder requiring that the proposed ward or proposed conservatee appear at thetime and place of thehearing unless the court makes a finding prior to the hearing that the presenceof the proposed ward or proposed conservatee will be injurious to the person'shealth or welfare, or that theproposedward's or proposed conservatee's impairment is such that the person could notparticipate in theproceedings, or that the proposed ward or proposed conservatee has filed withthe court a writtenwaiver of such person's right to appear in person. In any such case, the courtshall enter in the recordof the proceedings the facts upon which the court has found that the presenceof the proposed wardor proposed conservatee at the hearing should be excused.
(e) Any hearing held pursuant to subsection (b)(3), (c) or (d) shall beconducted inas informal amanner as may be consistent with orderly procedure. The rules governingevidentiary and proceduralmatters shall be applied in a manner so as to facilitate informal, efficientpresentation of all relevant,probative evidence and resolution of the issues with due regard for theinterests of all parties.
(f) If after any hearing held pursuant to subsection (c) or (d) the courtdetermines that thereis good cause to believe that the proposed ward or proposed conservatee isan adult with animpairment in need of a guardian or a conservator, or both, or a minor in needof a guardian or aconservator, or both, or a minor with an impairment in need of a guardian or aconservator, or both,or a person who has been previously adjudged as impaired in another state, or aperson in need ofan ancillary conservator, as alleged in the original petition, and that thereexists an imminent dangerto the physical health or safety of the proposed ward, or that there exists animminent danger that theestate of the proposed conservatee will be significantly depleted, the courtmay appoint, or continuethe appointment of, a temporary guardian or a temporary conservator, or both,and the court shallspecify what duties, responsibilities, powers and authorities as provided forinK.S.A. 59-3075, 59-3076, 59-3077, 59-3078 or 59-3079, andamendmentsthereto, the temporary guardianortemporary conservator shall have. The court may further authorize thetemporary guardian or temporary conservator to seek appropriate injunctive orother immediate relief from any appropriatecourt or other authority. Otherwise, if the court determines that there isgood cause to believethat the proposed ward or proposed conservatee is an adult with an impairmentin need of a guardianor a conservator, or both, or a minor in need of a guardian or a conservator,or both, or a minor withan impairment in need of a guardian or a conservator, or both, or a person whohas been previouslyadjudged as impaired in another state, or a person in need of an ancillaryconservator,as alleged inthe original petition, but that there is not good cause to believe thatthere exists an imminentdanger to the physical health or safety of the proposed ward, or that thereexists an imminent dangerthat the estate of the proposed conservatee will be significantly depleted, thecourt shall deny therequest for the appointment of a temporary guardian or a temporary conservator,or both, or shallterminate the earlier appointment of the temporary guardian or temporaryconservator, or both, butshall continue the matter to trial on the original petition provided for inK.S.A. 59-3067, andamendments thereto.
(g) The appointment and authority of any temporary guardian or temporaryconservator shallexpire at the conclusion of the trial provided for inK.S.A. 59-3067, andamendments thereto, if thepetition is denied, or upon the issuance of appropriate letters to any guardianor conservatorappointed by the court at the conclusion of the trial, or as otherwise orderedby the court, but suchexpiration shall not affect the validity of any action taken pursuant to theauthority of the temporaryguardian or temporary conservator during the time of such person's appointment.Thetemporaryguardian or temporary conservator shall be required to provide an accounting asdirected by thecourt.
(h) If, after any hearing held pursuant to subsection (c) or (d), the courtfinds that there has not been shown sufficient evidence to cause the court tobelieve that the proposed ward or proposedconservatee is an adult with an impairment in need of a guardian or aconservator, or both, or a minorin need of a guardian or a conservator, or both, or a minor with an impairmentin need of a guardianor a conservator, or both, or a person who has been previously adjudged asimpaired in another state,or a person in need of an ancillary conservator, as allegedin the original petition, the court shalldismiss the petition requesting the appointment of a temporary guardian or atemporary conservator,or both, and may dismiss the original petition.
59-3073.Temporary guardian; temporary conservator;petition; order; hearings.(a) At any time after the filing of the petition providedfor inK.S.A. 59-3058, 59-3059, 59-3060, 59-3061 or 59-3062, andamendments thereto, but prior to thetrial providedfor inK.S.A. 59-3067, and amendments thereto, if it appears thatthere may be animminent danger to the physical health or safety of the proposed ward requiringimmediate action to be taken to protect the proposed ward, or that there may bean imminent danger that the estate of the proposed conservatee will besignificantly depleted unless immediate action is taken to protect the estate,or both, any person may file in addition tothat originalpetition, or as a part thereof,a verified petition requesting the appointment of a temporary guardian or atemporary conservator,or both, except if the petition alleges that the proposed conservatee is aperson in need of an ancillaryconservator, and requests the appointment of an ancillary conservator inKansas, in which case thepetition may request the appointment of a temporary ancillary conservator. Thepetition shallinclude:
(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) a statement that it is the petitioner's belief that there is an imminentdanger to the physicalhealth or safety of the proposed ward requiring immediate action to be taken toprotect the proposed ward, or that there is an imminent danger that the estateof the proposed conservatee will besignificantly depleted unless immediate action is taken to protect the estate,or both;
(4) the factual basis upon which the petitioner alleges this imminent danger;
(5) the names and addresses of witnesses by whom the truth of this petitionmay be proved;
(6) the name, address and relationship to the proposed ward or proposedconservatee, if any,of the individual or corporation whom the petitioner suggests that the courtappoint as the temporaryguardian or temporary conservator, or both, and if the proposed temporaryguardian or temporaryconservator is under contract with the Kansas guardianship program, that fact;and
(7) a request that the court make an ex parte determination that there existssuch imminentdanger, and that the court appoint a temporary guardian or a temporaryconservator, or both, withsuch powers as the court deems necessary to protect the proposed ward or theestate of the proposedconservatee.
(b) (1) If the court determines that there is good cause to believe thattheproposed ward orproposed conservatee is an adult with an impairment in need of a guardian or aconservator, or both,or is a minor in need of a guardian or a conservator, or both, or is a minorwith an impairment inneed of a guardian or a conservator, or both, or is a person who has beenpreviously adjudged asimpaired in another state, or is a person in need of an ancillary conservator,as alleged in the originalpetition, and that there exists an imminent danger to the physical health orsafety of the proposedward, or that there exists an imminent danger that the estate of the proposedconservatee will besignificantly depleted, the court may enter an ex parte emergency orderappointing a temporaryguardian or a temporary conservator, or both.
(2) The court shall specify whatpowers and duties asprovided for inK.S.A. 59-3075, 59-3076, 59-3077, 59-3078, 59-3079or 59-3080, and amendments thereto, thetemporary guardian or temporary conservator shall have. The court may furtherauthorize thetemporary guardian or temporary conservator to seek appropriate injunctive orother immediate relieffrom any appropriate court or other authority.
(3) Subject to the provisions of subsection (g), the court shall specifywithin its order when the authority of the temporary guardian or temporaryconservator, or both, shall expire, but in no case shall the court specify adate beyond 30 days following the issuance of the order. The court may issuesuccessive orders extending the authority of a temporary guardian or temporaryconservator, or both, only upon the filing of a written request for such, andfollowing a hearing held similarly as provided for in subsection (e) todetermine the need for and appropriateness of any such extension.
(4) The court shall order that a copy of any order issued pursuant to thissubsection be promptly served upon the proposed ward or proposed conservatee,the attorney for the proposed ward or proposed conservatee, the spouse of theproposed ward or proposed conservatee, and in the case of a minor, the naturalguardian of the minor, along with notice. Such notice shall specify the rightsof the proposed ward or proposed conservatee, and of others, consistent withtheprovisions of subsection (c).
(c) If the court enters an ex parte order appointing a temporary guardian ora temporaryconservator, or both, the proposed ward or proposed conservatee, the attorneyfor the proposed wardor proposed conservatee, the spouse of the proposed ward or proposedconservatee, or in the caseof a minor, the natural guardian of the minor, may request a hearing on thematter if a written requestfor such is filed with the court not later than the third day following theentry of the ex parte order,or of service of the ex parte order upon the proposed ward or proposedconservatee, if later. Uponreceipt of such a request, the court shall fix the time and place for a hearingupon the request, which hearing shall be held not later than the second dayfollowing the filing of the request, excluding any Saturday, Sunday or legalholiday, andshall direct how and to whom notice of such hearing shall be given.
(d) In lieu of entering an ex parte emergency order of appointment of atemporary guardianor a temporary conservator, or both, the court may deny the relief requested orset the time and placefor a hearing to be held on the request for the appointment of a temporaryguardian or a temporaryconservator, or both, which hearing shall be held not later than the second dayfollowing the filingof the petition, excluding any Saturday, Sunday or legal holiday. The courtmay direct that noticethereof be given to the petitioner, the original petitioner, if different, theproposed ward or proposedconservatee, the spouse of the proposed ward or proposed conservatee, in thecase of a minor, thenatural guardian of the minor, and such other persons as the court determinesappropriate. The courtshall determine by whom and in what manner such notice shall be given. Thecourt may enter anorder requiring that the proposed ward or proposed conservatee appear at thetime and place of thehearing unless the court makes a finding prior to the hearing that the presenceof the proposed ward or proposed conservatee will be injurious to the person'shealth or welfare, or that theproposedward's or proposed conservatee's impairment is such that the person could notparticipate in theproceedings, or that the proposed ward or proposed conservatee has filed withthe court a writtenwaiver of such person's right to appear in person. In any such case, the courtshall enter in the recordof the proceedings the facts upon which the court has found that the presenceof the proposed wardor proposed conservatee at the hearing should be excused.
(e) Any hearing held pursuant to subsection (b)(3), (c) or (d) shall beconducted inas informal amanner as may be consistent with orderly procedure. The rules governingevidentiary and proceduralmatters shall be applied in a manner so as to facilitate informal, efficientpresentation of all relevant,probative evidence and resolution of the issues with due regard for theinterests of all parties.
(f) If after any hearing held pursuant to subsection (c) or (d) the courtdetermines that thereis good cause to believe that the proposed ward or proposed conservatee isan adult with animpairment in need of a guardian or a conservator, or both, or a minor in needof a guardian or aconservator, or both, or a minor with an impairment in need of a guardian or aconservator, or both,or a person who has been previously adjudged as impaired in another state, or aperson in need ofan ancillary conservator, as alleged in the original petition, and that thereexists an imminent dangerto the physical health or safety of the proposed ward, or that there exists animminent danger that theestate of the proposed conservatee will be significantly depleted, the courtmay appoint, or continuethe appointment of, a temporary guardian or a temporary conservator, or both,and the court shallspecify what duties, responsibilities, powers and authorities as provided forinK.S.A. 59-3075, 59-3076, 59-3077, 59-3078 or 59-3079, andamendmentsthereto, the temporary guardianortemporary conservator shall have. The court may further authorize thetemporary guardian or temporary conservator to seek appropriate injunctive orother immediate relief from any appropriatecourt or other authority. Otherwise, if the court determines that there isgood cause to believethat the proposed ward or proposed conservatee is an adult with an impairmentin need of a guardianor a conservator, or both, or a minor in need of a guardian or a conservator,or both, or a minor withan impairment in need of a guardian or a conservator, or both, or a person whohas been previouslyadjudged as impaired in another state, or a person in need of an ancillaryconservator,as alleged inthe original petition, but that there is not good cause to believe thatthere exists an imminentdanger to the physical health or safety of the proposed ward, or that thereexists an imminent dangerthat the estate of the proposed conservatee will be significantly depleted, thecourt shall deny therequest for the appointment of a temporary guardian or a temporary conservator,or both, or shallterminate the earlier appointment of the temporary guardian or temporaryconservator, or both, butshall continue the matter to trial on the original petition provided for inK.S.A. 59-3067, andamendments thereto.
(g) The appointment and authority of any temporary guardian or temporaryconservator shallexpire at the conclusion of the trial provided for inK.S.A. 59-3067, andamendments thereto, if thepetition is denied, or upon the issuance of appropriate letters to any guardianor conservatorappointed by the court at the conclusion of the trial, or as otherwise orderedby the court, but suchexpiration shall not affect the validity of any action taken pursuant to theauthority of the temporaryguardian or temporary conservator during the time of such person's appointment.Thetemporaryguardian or temporary conservator shall be required to provide an accounting asdirected by thecourt.
(h) If, after any hearing held pursuant to subsection (c) or (d), the courtfinds that there has not been shown sufficient evidence to cause the court tobelieve that the proposed ward or proposedconservatee is an adult with an impairment in need of a guardian or aconservator, or both, or a minorin need of a guardian or a conservator, or both, or a minor with an impairmentin need of a guardianor a conservator, or both, or a person who has been previously adjudged asimpaired in another state,or a person in need of an ancillary conservator, as allegedin the original petition, the court shalldismiss the petition requesting the appointment of a temporary guardian or atemporary conservator,or both, and may dismiss the original petition.
59-3073.Temporary guardian; temporary conservator;petition; order; hearings.(a) At any time after the filing of the petition providedfor inK.S.A. 59-3058, 59-3059, 59-3060, 59-3061 or 59-3062, andamendments thereto, but prior to thetrial providedfor inK.S.A. 59-3067, and amendments thereto, if it appears thatthere may be animminent danger to the physical health or safety of the proposed ward requiringimmediate action to be taken to protect the proposed ward, or that there may bean imminent danger that the estate of the proposed conservatee will besignificantly depleted unless immediate action is taken to protect the estate,or both, any person may file in addition tothat originalpetition, or as a part thereof,a verified petition requesting the appointment of a temporary guardian or atemporary conservator,or both, except if the petition alleges that the proposed conservatee is aperson in need of an ancillaryconservator, and requests the appointment of an ancillary conservator inKansas, in which case thepetition may request the appointment of a temporary ancillary conservator. Thepetition shallinclude:
(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) a statement that it is the petitioner's belief that there is an imminentdanger to the physicalhealth or safety of the proposed ward requiring immediate action to be taken toprotect the proposed ward, or that there is an imminent danger that the estateof the proposed conservatee will besignificantly depleted unless immediate action is taken to protect the estate,or both;
(4) the factual basis upon which the petitioner alleges this imminent danger;
(5) the names and addresses of witnesses by whom the truth of this petitionmay be proved;
(6) the name, address and relationship to the proposed ward or proposedconservatee, if any,of the individual or corporation whom the petitioner suggests that the courtappoint as the temporaryguardian or temporary conservator, or both, and if the proposed temporaryguardian or temporaryconservator is under contract with the Kansas guardianship program, that fact;and
(7) a request that the court make an ex parte determination that there existssuch imminentdanger, and that the court appoint a temporary guardian or a temporaryconservator, or both, withsuch powers as the court deems necessary to protect the proposed ward or theestate of the proposedconservatee.
(b) (1) If the court determines that there is good cause to believe thattheproposed ward orproposed conservatee is an adult with an impairment in need of a guardian or aconservator, or both,or is a minor in need of a guardian or a conservator, or both, or is a minorwith an impairment inneed of a guardian or a conservator, or both, or is a person who has beenpreviously adjudged asimpaired in another state, or is a person in need of an ancillary conservator,as alleged in the originalpetition, and that there exists an imminent danger to the physical health orsafety of the proposedward, or that there exists an imminent danger that the estate of the proposedconservatee will besignificantly depleted, the court may enter an ex parte emergency orderappointing a temporaryguardian or a temporary conservator, or both.
(2) The court shall specify whatpowers and duties asprovided for inK.S.A. 59-3075, 59-3076, 59-3077, 59-3078, 59-3079or 59-3080, and amendments thereto, thetemporary guardian or temporary conservator shall have. The court may furtherauthorize thetemporary guardian or temporary conservator to seek appropriate injunctive orother immediate relieffrom any appropriate court or other authority.
(3) Subject to the provisions of subsection (g), the court shall specifywithin its order when the authority of the temporary guardian or temporaryconservator, or both, shall expire, but in no case shall the court specify adate beyond 30 days following the issuance of the order. The court may issuesuccessive orders extending the authority of a temporary guardian or temporaryconservator, or both, only upon the filing of a written request for such, andfollowing a hearing held similarly as provided for in subsection (e) todetermine the need for and appropriateness of any such extension.
(4) The court shall order that a copy of any order issued pursuant to thissubsection be promptly served upon the proposed ward or proposed conservatee,the attorney for the proposed ward or proposed conservatee, the spouse of theproposed ward or proposed conservatee, and in the case of a minor, the naturalguardian of the minor, along with notice. Such notice shall specify the rightsof the proposed ward or proposed conservatee, and of others, consistent withtheprovisions of subsection (c).
(c) If the court enters an ex parte order appointing a temporary guardian ora temporaryconservator, or both, the proposed ward or proposed conservatee, the attorneyfor the proposed wardor proposed conservatee, the spouse of the proposed ward or proposedconservatee, or in the caseof a minor, the natural guardian of the minor, may request a hearing on thematter if a written requestfor such is filed with the court not later than the third day following theentry of the ex parte order,or of service of the ex parte order upon the proposed ward or proposedconservatee, if later. Uponreceipt of such a request, the court shall fix the time and place for a hearingupon the request, which hearing shall be held not later than the second dayfollowing the filing of the request, excluding any Saturday, Sunday or legalholiday, andshall direct how and to whom notice of such hearing shall be given.
(d) In lieu of entering an ex parte emergency order of appointment of atemporary guardianor a temporary conservator, or both, the court may deny the relief requested orset the time and placefor a hearing to be held on the request for the appointment of a temporaryguardian or a temporaryconservator, or both, which hearing shall be held not later than the second dayfollowing the filingof the petition, excluding any Saturday, Sunday or legal holiday. The courtmay direct that noticethereof be given to the petitioner, the original petitioner, if different, theproposed ward or proposedconservatee, the spouse of the proposed ward or proposed conservatee, in thecase of a minor, thenatural guardian of the minor, and such other persons as the court determinesappropriate. The courtshall determine by whom and in what manner such notice shall be given. Thecourt may enter anorder requiring that the proposed ward or proposed conservatee appear at thetime and place of thehearing unless the court makes a finding prior to the hearing that the presenceof the proposed ward or proposed conservatee will be injurious to the person'shealth or welfare, or that theproposedward's or proposed conservatee's impairment is such that the person could notparticipate in theproceedings, or that the proposed ward or proposed conservatee has filed withthe court a writtenwaiver of such person's right to appear in person. In any such case, the courtshall enter in the recordof the proceedings the facts upon which the court has found that the presenceof the proposed wardor proposed conservatee at the hearing should be excused.
(e) Any hearing held pursuant to subsection (b)(3), (c) or (d) shall beconducted inas informal amanner as may be consistent with orderly procedure. The rules governingevidentiary and proceduralmatters shall be applied in a manner so as to facilitate informal, efficientpresentation of all relevant,probative evidence and resolution of the issues with due regard for theinterests of all parties.
(f) If after any hearing held pursuant to subsection (c) or (d) the courtdetermines that thereis good cause to believe that the proposed ward or proposed conservatee isan adult with animpairment in need of a guardian or a conservator, or both, or a minor in needof a guardian or aconservator, or both, or a minor with an impairment in need of a guardian or aconservator, or both,or a person who has been previously adjudged as impaired in another state, or aperson in need ofan ancillary conservator, as alleged in the original petition, and that thereexists an imminent dangerto the physical health or safety of the proposed ward, or that there exists animminent danger that theestate of the proposed conservatee will be significantly depleted, the courtmay appoint, or continuethe appointment of, a temporary guardian or a temporary conservator, or both,and the court shallspecify what duties, responsibilities, powers and authorities as provided forinK.S.A. 59-3075, 59-3076, 59-3077, 59-3078 or 59-3079, andamendmentsthereto, the temporary guardianortemporary conservator shall have. The court may further authorize thetemporary guardian or temporary conservator to seek appropriate injunctive orother immediate relief from any appropriatecourt or other authority. Otherwise, if the court determines that there isgood cause to believethat the proposed ward or proposed conservatee is an adult with an impairmentin need of a guardianor a conservator, or both, or a minor in need of a guardian or a conservator,or both, or a minor withan impairment in need of a guardian or a conservator, or both, or a person whohas been previouslyadjudged as impaired in another state, or a person in need of an ancillaryconservator,as alleged inthe original petition, but that there is not good cause to believe thatthere exists an imminentdanger to the physical health or safety of the proposed ward, or that thereexists an imminent dangerthat the estate of the proposed conservatee will be significantly depleted, thecourt shall deny therequest for the appointment of a temporary guardian or a temporary conservator,or both, or shallterminate the earlier appointment of the temporary guardian or temporaryconservator, or both, butshall continue the matter to trial on the original petition provided for inK.S.A. 59-3067, andamendments thereto.
(g) The appointment and authority of any temporary guardian or temporaryconservator shallexpire at the conclusion of the trial provided for inK.S.A. 59-3067, andamendments thereto, if thepetition is denied, or upon the issuance of appropriate letters to any guardianor conservatorappointed by the court at the conclusion of the trial, or as otherwise orderedby the court, but suchexpiration shall not affect the validity of any action taken pursuant to theauthority of the temporaryguardian or temporary conservator during the time of such person's appointment.Thetemporaryguardian or temporary conservator shall be required to provide an accounting asdirected by thecourt.
(h) If, after any hearing held pursuant to subsection (c) or (d), the courtfinds that there has not been shown sufficient evidence to cause the court tobelieve that the proposed ward or proposedconservatee is an adult with an impairment in need of a guardian or aconservator, or both, or a minorin need of a guardian or a conservator, or both, or a minor with an impairmentin need of a guardianor a conservator, or both, or a person who has been previously adjudged asimpaired in another state,or a person in need of an ancillary conservator, as allegedin the original petition, the court shalldismiss the petition requesting the appointment of a temporary guardian or atemporary conservator,or both, and may dismiss the original petition.
