59-3084.Court review of guardian's report;hearing.(a) Upon the filing of a report by the guardian pursuant toK.S.A. 59-3083, andamendments thereto,the court or a designee of the court shall review the report, the court's priororders, any guardianshipplan which has been filed with the court pursuant toK.S.A. 59-3076,andamendments thereto, andwhich remains in effect, and any reports which the guardian has previouslyfiled, to determinewhether:
(1) The current report reflects reasonable administration of theguardianship;
(2) the guardian is performing assigned duties and responsibilities, orexercising grantedpowers and authorities, in a manner consistent with the prior orders of thecourt and with anyguardianship plan in effect;
(3) additional duties, responsibilities, powers or authorities should begranted to the guardian,or limitations should be made with regard thereto, or other modificationsshould be made within theguardianship to protect the interests of the ward or the ward's estate; or
(4) further proceedings as provided for in this act may be appropriate.
(b) Upon the filing of any report, or based upon other information whichcomes to the court'sattention concerning matters contained within the report or which should becontained within thereport, the court may set a hearing upon the matter and may require theguardian to appear beforethe court. The court may require the guardian to give notice of this hearingto such persons and insuch manner as the court may direct. The court may appoint an attorney torepresent the ward in thismatter similarly as provided for in subsection (a)(3) ofK.S.A. 59-3063, andamendments thereto. The court mayrequire the guardian, and may allow the ward, the conservator, if a conservatorhas been appointed,and other interested persons, to present evidence concerning the actions of theguardian or therecommendations of such persons.
(c) At the conclusion of the court's review of the guardian's report, orfollowing any hearingheld as provided for in subsection (b), the court shall issue an order eitherapproving or disapprovingthe guardian's report. The court may approve a reasonable guardian's fee whichshall be assessedto the ward's estate. The court within its order may grant to or withdraw fromthe guardian specifiedduties, responsibilities, powers or authorities as provided for inK.S.A. 59-3075,and amendmentsthereto, may specifically order the guardian with regard to the performance ofassigned duties,responsibilities, powers or authorities, including requiring the guardian tofile an amended report,may require the guardian to develop and file with the court a guardianship planas provided for inK.S.A. 59-3076, and amendments thereto, or the court may proceedpursuant toK.S.A. 59-3088, and amendments thereto, to remove the guardian andto appoint asuccessorguardian, or the courtmay proceed pursuant toK.S.A. 59-3090 or 59-3091, and amendmentsthereto, torestore the wardto capacity or terminate the guardianship.
(d) If the court, pursuant to subsection (e)(8) ofK.S.A. 59-3075,and amendmentsthereto, has authorizedthe guardian to exercise any control or authority over the ward's estate, then,in addition to or as apart of each report filed by the guardian pursuant to this section, theguardian also shall account forthe ward's estate. In reviewing the guardian's report, the court also shallreview the guardian'saccounting and at the conclusion thereof, if the court finds that theaccounting accurately accountsfor the ward's estate and shows appropriate administration on the part of theguardian, the court shallissue an order approving the accounting.
59-3084.Court review of guardian's report;hearing.(a) Upon the filing of a report by the guardian pursuant toK.S.A. 59-3083, andamendments thereto,the court or a designee of the court shall review the report, the court's priororders, any guardianshipplan which has been filed with the court pursuant toK.S.A. 59-3076,andamendments thereto, andwhich remains in effect, and any reports which the guardian has previouslyfiled, to determinewhether:
(1) The current report reflects reasonable administration of theguardianship;
(2) the guardian is performing assigned duties and responsibilities, orexercising grantedpowers and authorities, in a manner consistent with the prior orders of thecourt and with anyguardianship plan in effect;
(3) additional duties, responsibilities, powers or authorities should begranted to the guardian,or limitations should be made with regard thereto, or other modificationsshould be made within theguardianship to protect the interests of the ward or the ward's estate; or
(4) further proceedings as provided for in this act may be appropriate.
(b) Upon the filing of any report, or based upon other information whichcomes to the court'sattention concerning matters contained within the report or which should becontained within thereport, the court may set a hearing upon the matter and may require theguardian to appear beforethe court. The court may require the guardian to give notice of this hearingto such persons and insuch manner as the court may direct. The court may appoint an attorney torepresent the ward in thismatter similarly as provided for in subsection (a)(3) ofK.S.A. 59-3063, andamendments thereto. The court mayrequire the guardian, and may allow the ward, the conservator, if a conservatorhas been appointed,and other interested persons, to present evidence concerning the actions of theguardian or therecommendations of such persons.
(c) At the conclusion of the court's review of the guardian's report, orfollowing any hearingheld as provided for in subsection (b), the court shall issue an order eitherapproving or disapprovingthe guardian's report. The court may approve a reasonable guardian's fee whichshall be assessedto the ward's estate. The court within its order may grant to or withdraw fromthe guardian specifiedduties, responsibilities, powers or authorities as provided for inK.S.A. 59-3075,and amendmentsthereto, may specifically order the guardian with regard to the performance ofassigned duties,responsibilities, powers or authorities, including requiring the guardian tofile an amended report,may require the guardian to develop and file with the court a guardianship planas provided for inK.S.A. 59-3076, and amendments thereto, or the court may proceedpursuant toK.S.A. 59-3088, and amendments thereto, to remove the guardian andto appoint asuccessorguardian, or the courtmay proceed pursuant toK.S.A. 59-3090 or 59-3091, and amendmentsthereto, torestore the wardto capacity or terminate the guardianship.
(d) If the court, pursuant to subsection (e)(8) ofK.S.A. 59-3075,and amendmentsthereto, has authorizedthe guardian to exercise any control or authority over the ward's estate, then,in addition to or as apart of each report filed by the guardian pursuant to this section, theguardian also shall account forthe ward's estate. In reviewing the guardian's report, the court also shallreview the guardian'saccounting and at the conclusion thereof, if the court finds that theaccounting accurately accountsfor the ward's estate and shows appropriate administration on the part of theguardian, the court shallissue an order approving the accounting.
59-3084.Court review of guardian's report;hearing.(a) Upon the filing of a report by the guardian pursuant toK.S.A. 59-3083, andamendments thereto,the court or a designee of the court shall review the report, the court's priororders, any guardianshipplan which has been filed with the court pursuant toK.S.A. 59-3076,andamendments thereto, andwhich remains in effect, and any reports which the guardian has previouslyfiled, to determinewhether:
(1) The current report reflects reasonable administration of theguardianship;
(2) the guardian is performing assigned duties and responsibilities, orexercising grantedpowers and authorities, in a manner consistent with the prior orders of thecourt and with anyguardianship plan in effect;
(3) additional duties, responsibilities, powers or authorities should begranted to the guardian,or limitations should be made with regard thereto, or other modificationsshould be made within theguardianship to protect the interests of the ward or the ward's estate; or
(4) further proceedings as provided for in this act may be appropriate.
(b) Upon the filing of any report, or based upon other information whichcomes to the court'sattention concerning matters contained within the report or which should becontained within thereport, the court may set a hearing upon the matter and may require theguardian to appear beforethe court. The court may require the guardian to give notice of this hearingto such persons and insuch manner as the court may direct. The court may appoint an attorney torepresent the ward in thismatter similarly as provided for in subsection (a)(3) ofK.S.A. 59-3063, andamendments thereto. The court mayrequire the guardian, and may allow the ward, the conservator, if a conservatorhas been appointed,and other interested persons, to present evidence concerning the actions of theguardian or therecommendations of such persons.
(c) At the conclusion of the court's review of the guardian's report, orfollowing any hearingheld as provided for in subsection (b), the court shall issue an order eitherapproving or disapprovingthe guardian's report. The court may approve a reasonable guardian's fee whichshall be assessedto the ward's estate. The court within its order may grant to or withdraw fromthe guardian specifiedduties, responsibilities, powers or authorities as provided for inK.S.A. 59-3075,and amendmentsthereto, may specifically order the guardian with regard to the performance ofassigned duties,responsibilities, powers or authorities, including requiring the guardian tofile an amended report,may require the guardian to develop and file with the court a guardianship planas provided for inK.S.A. 59-3076, and amendments thereto, or the court may proceedpursuant toK.S.A. 59-3088, and amendments thereto, to remove the guardian andto appoint asuccessorguardian, or the courtmay proceed pursuant toK.S.A. 59-3090 or 59-3091, and amendmentsthereto, torestore the wardto capacity or terminate the guardianship.
(d) If the court, pursuant to subsection (e)(8) ofK.S.A. 59-3075,and amendmentsthereto, has authorizedthe guardian to exercise any control or authority over the ward's estate, then,in addition to or as apart of each report filed by the guardian pursuant to this section, theguardian also shall account forthe ward's estate. In reviewing the guardian's report, the court also shallreview the guardian'saccounting and at the conclusion thereof, if the court finds that theaccounting accurately accountsfor the ward's estate and shows appropriate administration on the part of theguardian, the court shallissue an order approving the accounting.
