59-3087.Change in authority of co-guardian orco-conservator; petition; contents; hearing; procedure; forfeiture ofco-conservator's bond.(a) A verified petition requesting thecourt to modify its prior order appointing co-guardians or co-conservators, orboth, by eitherchanging the authority of the co-guardians or co-conservators, or both, to actindependently, to actonly in concert, or to act only in concert with regard to certain matters, orto remove one or both ofthe co-guardians or co-conservators, or both, and to appoint only a singleguardian or a singleconservator, or both, shall include:
(1) The petitioner's name and address, and if the petitioner is one of theward's orconservatee's court appointed co-guardians or co-conservators, that fact;
(2) the ward's or conservatee's name, age, date of birth, address ofpermanent residence, andpresent address or whereabouts, if different from the ward's or conservatee'spermanent residence;
(3) the names and addresses of each of the court appointed co-guardians orco-conservators,or both, who are not the petitioner;
(4) the factual basis upon which the petitioner alleges the need for thecourt to modify itsprior order of appointment, and whether the petitioner requests that the courtrequire the co-guardians or co-conservators, or both, to act independently, toact only inconcert, or to act only inconcert with regard to certain matters, or whether the petitioner requests thatthe court remove oneof the co-guardians or co-conservators, or both, and appoint only a singleguardian or a singleconservator, or both;
(5) the names and addresses of witnesses by whom the truth of the petitionmay be proved;
(6) if the petitioner is requesting the appointment of a single guardian or asingle conservator,or both, to replace the co-guardians or co-conservators, or both, the name,address, and relationshipto the ward or conservatee, if any, of the individual or corporation whom thepetitioner suggests thatthe court appoint as the single guardian or single conservator, or both, and ifthe suggested singleguardian or single conservator is under contract with the Kansas guardianshipprogram, that fact; and
(7) a request that the court make a determination that the co-guardians orco-conservators,or both, should each have the authority to act independently, should berequired to act only inconcert or only in concert with regard to certain matters, or that theco-guardians or co-conservators,or both, should be replaced with a single guardian or a single conservator, orboth.
(b) Upon the filing of such a petition, the court shall issue an order fixingthe date, time andplace of a hearing on the petition, which hearing may be held forthwith andwithout further notice if each of the co-guardians or co-conservators, asapplicable, and, if in the opinion of the court,allother persons necessary to the matter, have entered their appearance, waivednotice, and agreed tothe court granting the petitioner's request. Otherwise, the court shall requirethe petitioner to give noticeof this hearing to such persons and in such manner as the court may specify,including therewith acopy of the petition. The court shall require the petitioner to give thisnotice to any co-guardians orco-conservators, or both. The court may appoint an attorney to represent theward or conservateein this matter, similarly as provided for in subsection (a)(3) of K.S.A. 59-3063,and amendments thereto, and insuch event, the court shall require the petitioner to also give this notice tothat attorney.
(c) In the absence of a petition having been filed pursuant to this section,but whenever thecourt believes that it may be in the best interests of the ward or conservateeto consider modificationof the court's prior order appointing co-guardians or co-conservators, or both,the court may set ahearing thereon, and may require one of the co-guardians or co-conservators togive notice thereofas provided for herein.
(d) The hearing shall be conducted in as informal a manner as may beconsistent with orderlyprocedure. The court shall have the authority to receive all relevant andmaterial evidence whichmay be offered, including the testimony or written report, findings orrecommendations of anyprofessional or other person who has familiarity with the ward or conservateeor the conservatee'sestate. The court may review the court's prior orders, any guardianship planor conservatorship planwhich has been filed pursuant to K.S.A. 59-3076 or 59-3079, andamendmentsthereto, and anyreports or accountings which have been filed by the co-guardians orco-conservators, or both, evenif previously approved or allowed. The court shall give to the co-guardians orco-conservators, orboth, to the ward or conservatee, and to other interested persons, theopportunity to present information to the court concerning the actions of theco-guardians or co-conservators, or both, andof the recommendations of such persons.
(e) At the conclusion of the hearing, if the court finds that it is in thebest interests of the wardor conservatee to do so, the court may modify its prior orders to provide thatthe co-guardians or co-conservators, or both, shall have the authority to actindependently, to actonly in concert, in certaincircumstances or with regard to certain matters to act independently and incertain othercircumstances or with regard to certain other matters to act only in concert,or the court may removethe co-guardians or co-conservators, or both, and appoint a single guardian ora single conservator,or both. In making any such appointments, the court shall act in accordancewith K.S.A. 59-3068 and 59-3069, and amendments thereto.
(f) If the court finds by a preponderance of the evidence that aco-conservator has innocentlymisused any funds or assets of the conservatee's estate, the court shall orderthe co-conservator torepay such funds or return such assets to the conservator's estate. If thecourt finds that a co-conservator has embezzled or converted for theco-conservator's personal use any funds or assets of theconservatee's estate, the court shall find the co-conservator liable for doublethe value of those fundsor assets, as provided for in K.S.A. 59-1704, and amendments thereto. In eithercase, thecourt may order theforfeiture of the co-conservator's bond, or such portion thereof as equals thevalue of such funds orassets, including any lost earnings and the costs of recovering those funds orassets, includingreasonable attorney fees, as the court may allow, and may require of thesurety satisfaction thereof.Neither the conservator, nor the conservator's estate or surety, shall befinally released from suchbond until the satisfaction thereof.
(g) No co-conservator, nor the co-conservator's estate or surety, shall befinally released from their bond until a final accounting has been filed,allowed and settled as provided for inK.S.A. 59-3086, and amendments thereto.
59-3087.Change in authority of co-guardian orco-conservator; petition; contents; hearing; procedure; forfeiture ofco-conservator's bond.(a) A verified petition requesting thecourt to modify its prior order appointing co-guardians or co-conservators, orboth, by eitherchanging the authority of the co-guardians or co-conservators, or both, to actindependently, to actonly in concert, or to act only in concert with regard to certain matters, orto remove one or both ofthe co-guardians or co-conservators, or both, and to appoint only a singleguardian or a singleconservator, or both, shall include:
(1) The petitioner's name and address, and if the petitioner is one of theward's orconservatee's court appointed co-guardians or co-conservators, that fact;
(2) the ward's or conservatee's name, age, date of birth, address ofpermanent residence, andpresent address or whereabouts, if different from the ward's or conservatee'spermanent residence;
(3) the names and addresses of each of the court appointed co-guardians orco-conservators,or both, who are not the petitioner;
(4) the factual basis upon which the petitioner alleges the need for thecourt to modify itsprior order of appointment, and whether the petitioner requests that the courtrequire the co-guardians or co-conservators, or both, to act independently, toact only inconcert, or to act only inconcert with regard to certain matters, or whether the petitioner requests thatthe court remove oneof the co-guardians or co-conservators, or both, and appoint only a singleguardian or a singleconservator, or both;
(5) the names and addresses of witnesses by whom the truth of the petitionmay be proved;
(6) if the petitioner is requesting the appointment of a single guardian or asingle conservator,or both, to replace the co-guardians or co-conservators, or both, the name,address, and relationshipto the ward or conservatee, if any, of the individual or corporation whom thepetitioner suggests thatthe court appoint as the single guardian or single conservator, or both, and ifthe suggested singleguardian or single conservator is under contract with the Kansas guardianshipprogram, that fact; and
(7) a request that the court make a determination that the co-guardians orco-conservators,or both, should each have the authority to act independently, should berequired to act only inconcert or only in concert with regard to certain matters, or that theco-guardians or co-conservators,or both, should be replaced with a single guardian or a single conservator, orboth.
(b) Upon the filing of such a petition, the court shall issue an order fixingthe date, time andplace of a hearing on the petition, which hearing may be held forthwith andwithout further notice if each of the co-guardians or co-conservators, asapplicable, and, if in the opinion of the court,allother persons necessary to the matter, have entered their appearance, waivednotice, and agreed tothe court granting the petitioner's request. Otherwise, the court shall requirethe petitioner to give noticeof this hearing to such persons and in such manner as the court may specify,including therewith acopy of the petition. The court shall require the petitioner to give thisnotice to any co-guardians orco-conservators, or both. The court may appoint an attorney to represent theward or conservateein this matter, similarly as provided for in subsection (a)(3) of K.S.A. 59-3063,and amendments thereto, and insuch event, the court shall require the petitioner to also give this notice tothat attorney.
(c) In the absence of a petition having been filed pursuant to this section,but whenever thecourt believes that it may be in the best interests of the ward or conservateeto consider modificationof the court's prior order appointing co-guardians or co-conservators, or both,the court may set ahearing thereon, and may require one of the co-guardians or co-conservators togive notice thereofas provided for herein.
(d) The hearing shall be conducted in as informal a manner as may beconsistent with orderlyprocedure. The court shall have the authority to receive all relevant andmaterial evidence whichmay be offered, including the testimony or written report, findings orrecommendations of anyprofessional or other person who has familiarity with the ward or conservateeor the conservatee'sestate. The court may review the court's prior orders, any guardianship planor conservatorship planwhich has been filed pursuant to K.S.A. 59-3076 or 59-3079, andamendmentsthereto, and anyreports or accountings which have been filed by the co-guardians orco-conservators, or both, evenif previously approved or allowed. The court shall give to the co-guardians orco-conservators, orboth, to the ward or conservatee, and to other interested persons, theopportunity to present information to the court concerning the actions of theco-guardians or co-conservators, or both, andof the recommendations of such persons.
(e) At the conclusion of the hearing, if the court finds that it is in thebest interests of the wardor conservatee to do so, the court may modify its prior orders to provide thatthe co-guardians or co-conservators, or both, shall have the authority to actindependently, to actonly in concert, in certaincircumstances or with regard to certain matters to act independently and incertain othercircumstances or with regard to certain other matters to act only in concert,or the court may removethe co-guardians or co-conservators, or both, and appoint a single guardian ora single conservator,or both. In making any such appointments, the court shall act in accordancewith K.S.A. 59-3068 and 59-3069, and amendments thereto.
(f) If the court finds by a preponderance of the evidence that aco-conservator has innocentlymisused any funds or assets of the conservatee's estate, the court shall orderthe co-conservator torepay such funds or return such assets to the conservator's estate. If thecourt finds that a co-conservator has embezzled or converted for theco-conservator's personal use any funds or assets of theconservatee's estate, the court shall find the co-conservator liable for doublethe value of those fundsor assets, as provided for in K.S.A. 59-1704, and amendments thereto. In eithercase, thecourt may order theforfeiture of the co-conservator's bond, or such portion thereof as equals thevalue of such funds orassets, including any lost earnings and the costs of recovering those funds orassets, includingreasonable attorney fees, as the court may allow, and may require of thesurety satisfaction thereof.Neither the conservator, nor the conservator's estate or surety, shall befinally released from suchbond until the satisfaction thereof.
(g) No co-conservator, nor the co-conservator's estate or surety, shall befinally released from their bond until a final accounting has been filed,allowed and settled as provided for inK.S.A. 59-3086, and amendments thereto.
59-3087.Change in authority of co-guardian orco-conservator; petition; contents; hearing; procedure; forfeiture ofco-conservator's bond.(a) A verified petition requesting thecourt to modify its prior order appointing co-guardians or co-conservators, orboth, by eitherchanging the authority of the co-guardians or co-conservators, or both, to actindependently, to actonly in concert, or to act only in concert with regard to certain matters, orto remove one or both ofthe co-guardians or co-conservators, or both, and to appoint only a singleguardian or a singleconservator, or both, shall include:
(1) The petitioner's name and address, and if the petitioner is one of theward's orconservatee's court appointed co-guardians or co-conservators, that fact;
(2) the ward's or conservatee's name, age, date of birth, address ofpermanent residence, andpresent address or whereabouts, if different from the ward's or conservatee'spermanent residence;
(3) the names and addresses of each of the court appointed co-guardians orco-conservators,or both, who are not the petitioner;
(4) the factual basis upon which the petitioner alleges the need for thecourt to modify itsprior order of appointment, and whether the petitioner requests that the courtrequire the co-guardians or co-conservators, or both, to act independently, toact only inconcert, or to act only inconcert with regard to certain matters, or whether the petitioner requests thatthe court remove oneof the co-guardians or co-conservators, or both, and appoint only a singleguardian or a singleconservator, or both;
(5) the names and addresses of witnesses by whom the truth of the petitionmay be proved;
(6) if the petitioner is requesting the appointment of a single guardian or asingle conservator,or both, to replace the co-guardians or co-conservators, or both, the name,address, and relationshipto the ward or conservatee, if any, of the individual or corporation whom thepetitioner suggests thatthe court appoint as the single guardian or single conservator, or both, and ifthe suggested singleguardian or single conservator is under contract with the Kansas guardianshipprogram, that fact; and
(7) a request that the court make a determination that the co-guardians orco-conservators,or both, should each have the authority to act independently, should berequired to act only inconcert or only in concert with regard to certain matters, or that theco-guardians or co-conservators,or both, should be replaced with a single guardian or a single conservator, orboth.
(b) Upon the filing of such a petition, the court shall issue an order fixingthe date, time andplace of a hearing on the petition, which hearing may be held forthwith andwithout further notice if each of the co-guardians or co-conservators, asapplicable, and, if in the opinion of the court,allother persons necessary to the matter, have entered their appearance, waivednotice, and agreed tothe court granting the petitioner's request. Otherwise, the court shall requirethe petitioner to give noticeof this hearing to such persons and in such manner as the court may specify,including therewith acopy of the petition. The court shall require the petitioner to give thisnotice to any co-guardians orco-conservators, or both. The court may appoint an attorney to represent theward or conservateein this matter, similarly as provided for in subsection (a)(3) of K.S.A. 59-3063,and amendments thereto, and insuch event, the court shall require the petitioner to also give this notice tothat attorney.
(c) In the absence of a petition having been filed pursuant to this section,but whenever thecourt believes that it may be in the best interests of the ward or conservateeto consider modificationof the court's prior order appointing co-guardians or co-conservators, or both,the court may set ahearing thereon, and may require one of the co-guardians or co-conservators togive notice thereofas provided for herein.
(d) The hearing shall be conducted in as informal a manner as may beconsistent with orderlyprocedure. The court shall have the authority to receive all relevant andmaterial evidence whichmay be offered, including the testimony or written report, findings orrecommendations of anyprofessional or other person who has familiarity with the ward or conservateeor the conservatee'sestate. The court may review the court's prior orders, any guardianship planor conservatorship planwhich has been filed pursuant to K.S.A. 59-3076 or 59-3079, andamendmentsthereto, and anyreports or accountings which have been filed by the co-guardians orco-conservators, or both, evenif previously approved or allowed. The court shall give to the co-guardians orco-conservators, orboth, to the ward or conservatee, and to other interested persons, theopportunity to present information to the court concerning the actions of theco-guardians or co-conservators, or both, andof the recommendations of such persons.
(e) At the conclusion of the hearing, if the court finds that it is in thebest interests of the wardor conservatee to do so, the court may modify its prior orders to provide thatthe co-guardians or co-conservators, or both, shall have the authority to actindependently, to actonly in concert, in certaincircumstances or with regard to certain matters to act independently and incertain othercircumstances or with regard to certain other matters to act only in concert,or the court may removethe co-guardians or co-conservators, or both, and appoint a single guardian ora single conservator,or both. In making any such appointments, the court shall act in accordancewith K.S.A. 59-3068 and 59-3069, and amendments thereto.
(f) If the court finds by a preponderance of the evidence that aco-conservator has innocentlymisused any funds or assets of the conservatee's estate, the court shall orderthe co-conservator torepay such funds or return such assets to the conservator's estate. If thecourt finds that a co-conservator has embezzled or converted for theco-conservator's personal use any funds or assets of theconservatee's estate, the court shall find the co-conservator liable for doublethe value of those fundsor assets, as provided for in K.S.A. 59-1704, and amendments thereto. In eithercase, thecourt may order theforfeiture of the co-conservator's bond, or such portion thereof as equals thevalue of such funds orassets, including any lost earnings and the costs of recovering those funds orassets, includingreasonable attorney fees, as the court may allow, and may require of thesurety satisfaction thereof.Neither the conservator, nor the conservator's estate or surety, shall befinally released from suchbond until the satisfaction thereof.
(g) No co-conservator, nor the co-conservator's estate or surety, shall befinally released from their bond until a final accounting has been filed,allowed and settled as provided for inK.S.A. 59-3086, and amendments thereto.
