59-3088.Resignation or removal of guardian orconservator; petition; contents; notice; hearing; procedure; appointment ofsuccessor; forfeiture of conservator's bond.(a) A verified petition may be filed requesting the court toaccept theresignation of the guardian or the conservator, or both, to remove the guardianor conservator, orboth, or to appoint a successor guardian or conservator, or both, and shallinclude:
(1) The petitioner's name and address, and if the petitioner is the ward's orconservatee'scourt appointed guardian or conservator, 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 name and address of the court appointed guardian or conservator, orboth, if differentfrom the petitioner;
(4) the factual basis upon which the petitioner alleges the need for theremoval of theguardian or conservator, or both, or the appointment of a successor guardian orconservator, or both.If the current guardian or conservator is requesting the court to accept theguardian's or conservator'sresignation, the petition shall include a statement to that effect and statethe reasons why the guardianor conservator, or both, desires to resign;
(5) the names and addresses of witnesses by whom the truth of this petitionmay be proved;
(6) the name, address, and relationship to the ward or conservatee, if any,of the individualor corporation whom the petitioner suggests that the court appoint as thesuccessor guardian orconservator, and if the suggested successor guardian or conservator is undercontract with the Kansas guardianship program, that fact; and
(7) a request that the court make a determination that the guardian orconservator should beallowed to resign or should be removed, or that a successor guardian orconservator, or both, shouldbe appointed.
(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 noticeif, in the opinion of the court, all persons necessary to the matter haveentered their appearances,waived notice, and agreed to the court's entering the order requested.Otherwise, the court shallrequire the petitioner to give notice of this hearing to such persons and insuch manner as the courtmay direct, including therewith a copy of the petition. This notice shalladvise such persons that ifthey have any objections to the petition that they must file their writtenobjections with the courtprior to the scheduled hearing or that they must appear at the hearing topresent those objections.If the petitioner is not the guardian or conservator, the court shall requirethe petitioner to give thisnotice to the guardian or conservator, or both. The court may appoint anattorney to represent theward or conservatee in this matter, similarly as provided for in subsection(a)(3) of K.S.A. 59-3063, andamendments thereto, and in such event, the court shall require the petitioneralso to give this noticeto that attorney.
(c) In the absence of a petition having been filed, but at any time when thecourt has reasonto believe that removal of the guardian or conservator, or both, may benecessary, the court may seta hearing thereon, and may require the guardian, conservator or some otherperson to give noticethereof as provided for herein. Nothing herein shall be construed such that thecourt does not havethe authority to suspend immediately the powers and authorities of a guardianor conservator, or both, whenever the court determines that it is in the bestinterests of the ward or conservatee to doso.
(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 courts prior orders, any guardianship plan orconservatorship planfiled pursuant to K.S.A. 59-3076 or 59-3079, and amendments thereto,which is in effect,and anyreports or accountings which have been filed by the guardian or conservator, orboth, even ifpreviously approved or allowed. The court shall give to the guardian orconservator, or both, to theward or conservatee, and to other interested persons, the opportunity topresent evidence to the courtconcerning the actions of the guardian or conservator, or both, and of therecommendations of suchpersons.
(e) At the conclusion of the hearing, if the court finds, by a preponderanceof the evidence,that the guardian or conservator, or both, should be permitted to resign, orshould be removed forfailure to fulfill the duties or responsibilities of being a guardian orconservator, or for the mannerin which the guardian or conservator has exercised the powers or authoritiesgranted to the guardianor conservator, the court may so order and in such case shall revoke theletters of guardianship orconservatorship, or both, previously issued pursuant to K.S.A. 59-3069, andamendments thereto.The court may appoint a successor guardian or conservator, or both. In makingany suchappointments, the court shall act in accordance with K.S.A. 59-3068and 59-3069, andamendmentsthereto.
(f) If the court finds that the conservator has innocently misused any fundsor assets of theconservatee's estate, the court shall order the conservator to repay such fundsor return such assetsto the conservatee's estate. If the court finds that the conservator hasembezzled or converted for the conservator's personal use any funds or assetsof the conservatee's estate, the courtshall find the conservatorliable for double the value of those funds or assets, as provided for in K.S.A.59-1704, andamendments thereto. In either case, the court may order the forfeiture of theconservator'sbond, or such portionthereof as equals the value of such funds or assets, including any lostearnings and the costs ofrecovering those funds or assets, including reasonable attorney fees, as thecourt may allow, andmay require of the surety satisfaction thereof. Neither the conservator, northe conservator's estateor surety, shall be finally released from such bond until the satisfactionthereof.
59-3088.Resignation or removal of guardian orconservator; petition; contents; notice; hearing; procedure; appointment ofsuccessor; forfeiture of conservator's bond.(a) A verified petition may be filed requesting the court toaccept theresignation of the guardian or the conservator, or both, to remove the guardianor conservator, orboth, or to appoint a successor guardian or conservator, or both, and shallinclude:
(1) The petitioner's name and address, and if the petitioner is the ward's orconservatee'scourt appointed guardian or conservator, 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 name and address of the court appointed guardian or conservator, orboth, if differentfrom the petitioner;
(4) the factual basis upon which the petitioner alleges the need for theremoval of theguardian or conservator, or both, or the appointment of a successor guardian orconservator, or both.If the current guardian or conservator is requesting the court to accept theguardian's or conservator'sresignation, the petition shall include a statement to that effect and statethe reasons why the guardianor conservator, or both, desires to resign;
(5) the names and addresses of witnesses by whom the truth of this petitionmay be proved;
(6) the name, address, and relationship to the ward or conservatee, if any,of the individualor corporation whom the petitioner suggests that the court appoint as thesuccessor guardian orconservator, and if the suggested successor guardian or conservator is undercontract with the Kansas guardianship program, that fact; and
(7) a request that the court make a determination that the guardian orconservator should beallowed to resign or should be removed, or that a successor guardian orconservator, or both, shouldbe appointed.
(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 noticeif, in the opinion of the court, all persons necessary to the matter haveentered their appearances,waived notice, and agreed to the court's entering the order requested.Otherwise, the court shallrequire the petitioner to give notice of this hearing to such persons and insuch manner as the courtmay direct, including therewith a copy of the petition. This notice shalladvise such persons that ifthey have any objections to the petition that they must file their writtenobjections with the courtprior to the scheduled hearing or that they must appear at the hearing topresent those objections.If the petitioner is not the guardian or conservator, the court shall requirethe petitioner to give thisnotice to the guardian or conservator, or both. The court may appoint anattorney to represent theward or conservatee in this matter, similarly as provided for in subsection(a)(3) of K.S.A. 59-3063, andamendments thereto, and in such event, the court shall require the petitioneralso to give this noticeto that attorney.
(c) In the absence of a petition having been filed, but at any time when thecourt has reasonto believe that removal of the guardian or conservator, or both, may benecessary, the court may seta hearing thereon, and may require the guardian, conservator or some otherperson to give noticethereof as provided for herein. Nothing herein shall be construed such that thecourt does not havethe authority to suspend immediately the powers and authorities of a guardianor conservator, or both, whenever the court determines that it is in the bestinterests of the ward or conservatee to doso.
(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 courts prior orders, any guardianship plan orconservatorship planfiled pursuant to K.S.A. 59-3076 or 59-3079, and amendments thereto,which is in effect,and anyreports or accountings which have been filed by the guardian or conservator, orboth, even ifpreviously approved or allowed. The court shall give to the guardian orconservator, or both, to theward or conservatee, and to other interested persons, the opportunity topresent evidence to the courtconcerning the actions of the guardian or conservator, or both, and of therecommendations of suchpersons.
(e) At the conclusion of the hearing, if the court finds, by a preponderanceof the evidence,that the guardian or conservator, or both, should be permitted to resign, orshould be removed forfailure to fulfill the duties or responsibilities of being a guardian orconservator, or for the mannerin which the guardian or conservator has exercised the powers or authoritiesgranted to the guardianor conservator, the court may so order and in such case shall revoke theletters of guardianship orconservatorship, or both, previously issued pursuant to K.S.A. 59-3069, andamendments thereto.The court may appoint a successor guardian or conservator, or both. In makingany suchappointments, the court shall act in accordance with K.S.A. 59-3068and 59-3069, andamendmentsthereto.
(f) If the court finds that the conservator has innocently misused any fundsor assets of theconservatee's estate, the court shall order the conservator to repay such fundsor return such assetsto the conservatee's estate. If the court finds that the conservator hasembezzled or converted for the conservator's personal use any funds or assetsof the conservatee's estate, the courtshall find the conservatorliable for double the value of those funds or assets, as provided for in K.S.A.59-1704, andamendments thereto. In either case, the court may order the forfeiture of theconservator'sbond, or such portionthereof as equals the value of such funds or assets, including any lostearnings and the costs ofrecovering those funds or assets, including reasonable attorney fees, as thecourt may allow, andmay require of the surety satisfaction thereof. Neither the conservator, northe conservator's estateor surety, shall be finally released from such bond until the satisfactionthereof.
59-3088.Resignation or removal of guardian orconservator; petition; contents; notice; hearing; procedure; appointment ofsuccessor; forfeiture of conservator's bond.(a) A verified petition may be filed requesting the court toaccept theresignation of the guardian or the conservator, or both, to remove the guardianor conservator, orboth, or to appoint a successor guardian or conservator, or both, and shallinclude:
(1) The petitioner's name and address, and if the petitioner is the ward's orconservatee'scourt appointed guardian or conservator, 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 name and address of the court appointed guardian or conservator, orboth, if differentfrom the petitioner;
(4) the factual basis upon which the petitioner alleges the need for theremoval of theguardian or conservator, or both, or the appointment of a successor guardian orconservator, or both.If the current guardian or conservator is requesting the court to accept theguardian's or conservator'sresignation, the petition shall include a statement to that effect and statethe reasons why the guardianor conservator, or both, desires to resign;
(5) the names and addresses of witnesses by whom the truth of this petitionmay be proved;
(6) the name, address, and relationship to the ward or conservatee, if any,of the individualor corporation whom the petitioner suggests that the court appoint as thesuccessor guardian orconservator, and if the suggested successor guardian or conservator is undercontract with the Kansas guardianship program, that fact; and
(7) a request that the court make a determination that the guardian orconservator should beallowed to resign or should be removed, or that a successor guardian orconservator, or both, shouldbe appointed.
(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 noticeif, in the opinion of the court, all persons necessary to the matter haveentered their appearances,waived notice, and agreed to the court's entering the order requested.Otherwise, the court shallrequire the petitioner to give notice of this hearing to such persons and insuch manner as the courtmay direct, including therewith a copy of the petition. This notice shalladvise such persons that ifthey have any objections to the petition that they must file their writtenobjections with the courtprior to the scheduled hearing or that they must appear at the hearing topresent those objections.If the petitioner is not the guardian or conservator, the court shall requirethe petitioner to give thisnotice to the guardian or conservator, or both. The court may appoint anattorney to represent theward or conservatee in this matter, similarly as provided for in subsection(a)(3) of K.S.A. 59-3063, andamendments thereto, and in such event, the court shall require the petitioneralso to give this noticeto that attorney.
(c) In the absence of a petition having been filed, but at any time when thecourt has reasonto believe that removal of the guardian or conservator, or both, may benecessary, the court may seta hearing thereon, and may require the guardian, conservator or some otherperson to give noticethereof as provided for herein. Nothing herein shall be construed such that thecourt does not havethe authority to suspend immediately the powers and authorities of a guardianor conservator, or both, whenever the court determines that it is in the bestinterests of the ward or conservatee to doso.
(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 courts prior orders, any guardianship plan orconservatorship planfiled pursuant to K.S.A. 59-3076 or 59-3079, and amendments thereto,which is in effect,and anyreports or accountings which have been filed by the guardian or conservator, orboth, even ifpreviously approved or allowed. The court shall give to the guardian orconservator, or both, to theward or conservatee, and to other interested persons, the opportunity topresent evidence to the courtconcerning the actions of the guardian or conservator, or both, and of therecommendations of suchpersons.
(e) At the conclusion of the hearing, if the court finds, by a preponderanceof the evidence,that the guardian or conservator, or both, should be permitted to resign, orshould be removed forfailure to fulfill the duties or responsibilities of being a guardian orconservator, or for the mannerin which the guardian or conservator has exercised the powers or authoritiesgranted to the guardianor conservator, the court may so order and in such case shall revoke theletters of guardianship orconservatorship, or both, previously issued pursuant to K.S.A. 59-3069, andamendments thereto.The court may appoint a successor guardian or conservator, or both. In makingany suchappointments, the court shall act in accordance with K.S.A. 59-3068and 59-3069, andamendmentsthereto.
(f) If the court finds that the conservator has innocently misused any fundsor assets of theconservatee's estate, the court shall order the conservator to repay such fundsor return such assetsto the conservatee's estate. If the court finds that the conservator hasembezzled or converted for the conservator's personal use any funds or assetsof the conservatee's estate, the courtshall find the conservatorliable for double the value of those funds or assets, as provided for in K.S.A.59-1704, andamendments thereto. In either case, the court may order the forfeiture of theconservator'sbond, or such portionthereof as equals the value of such funds or assets, including any lostearnings and the costs ofrecovering those funds or assets, including reasonable attorney fees, as thecourt may allow, andmay require of the surety satisfaction thereof. Neither the conservator, northe conservator's estateor surety, shall be finally released from such bond until the satisfactionthereof.
