59-3090.Restoration to capacity; petition;contents; hearing; procedure.(a) The ward or conservatee may at any time file a verifiedpetition with the court requesting that the courtfind that the ward or conservatee is no longer impaired, and request thatthe court restore the wardor conservatee to capacity.
(b) The petition shall include:
(1) 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;
(2) the name and address of the ward's or conservatee's court appointedguardian orconservator, or both;
(3) the factual basis upon which the ward or conservatee alleges that theyare no longerimpaired;
(4) the names and addresses of the witnesses by whom the truth of thepetition may beproved; and
(5) a request that the court find that the ward or conservatee is no longerimpaired, andtherefore entitled to be restored to capacity.
(c) (1) Upon the filing of such a petition, the court shall review thepetition to determine whethergood cause exists to warrant further proceedings. If the court findsgood cause to warrantfurther proceedings, the court shall issue an order fixing the date, time andplace of a hearing on thepetition, which hearing shall be held not later than 30 days following thefiling of the petition. If the court does not find within the petition factssufficient to constitute good cause towarrant furtherproceedings, the court nonetheless may issue an order for an examination andevaluation of the wardor conservatee to determine if there is sufficient cause for furtherproceedings. The court may orderthe ward or conservatee to submit to such an examination and evaluation to beconducted througha general hospital, psychiatric hospital, community mental health center,community developmentaldisability organization, or by a private physician, psychiatrist, psychologistor other person appointedby the court who is qualified to examine and evaluate the ward or conservatee.The costs of thisexamination and evaluation shall be assessed as provided for inK.S.A. 59-3094, andamendmentsthereto.
(2) If the court does not find good cause to warrant further proceedingsand the court doesnot issue an order for an examination and evaluation, or if the court haswithin the past six monthsconducted either the trial upon the original petition provided for inK.S.A. 59-3067, and amendmentsthereto, or a hearing on a previous petition for restoration, the court maydecline to set a hearing onthe petition and may dismiss the petition without further proceedings.
(d) If the court orders an examination and evaluation, and the report of thatexamination andevaluation contains information upon which the court finds good cause towarrant furtherproceedings, the court shall issue an order fixing the date, time and place ofa hearing on the petition,which hearing shall be held not later than 30 days following receipt of thereport of the examinationand evaluation. Otherwise, the court may dismiss the petition without furtherproceedings.
(e) The court may at any time on its own motion issue an order fixing thedate, time and placeof a hearing on whether the ward or conservatee should be restored to capacity.
(f) If the court issues an order setting the petition for a hearing, orissues an order on its own motion, the court may issue the following:
(1) An order appointing an attorney to represent the ward or conservatee inthis matter,similarly as provided for in subsection (a)(3) ofK.S.A. 59-3063,and amendmentsthereto;
(2) an order requiring that the ward or conservatee appear at the time andplace of the hearingon the petition. If an order to appear is entered, but is later rescinded, thecourt shall enter in therecord of the proceedings the facts upon which the court found subsequent tothe issuance of theorder that the presence of the ward or conservatee should be excused;
(3) a notice of the hearing to the guardian or conservator, or both, and toother interestedparties. The court may order the attorney for the ward or conservatee, oranother appropriate person,to serve this notice as the court may direct;
(4) an order of referral for hearing to the district court of the county ofresidence of the wardor conservatee, or of the county wherein the ward or conservatee may be found,except that no orderof referral for hearing shall be issued if objected to by the ward orconservatee. The district courtto which an order of referral for hearing is made shall proceed in the case asif the petition forrestoration had been filed therein, except that upon completion of the hearingthe court shall transmitthe findings of the court, along with any statement of the costs incurred, anda certified copy of allpleadings filed and orders entered during the course of the referral, to theoriginal court havingvenue. Thereafter, the original court shall proceed as provided for under thisact;
(5) for good cause shown, an order of continuance of the hearing;
(6) for good cause shown, an order of advancement of the hearing; and
(7) for good cause shown, an order changing the place of the hearing.
(g) The hearing upon the petition, or the court's own motion, shall beconducted in as informal a manner as may be consistent with orderly procedure.The court shall have the authorityto receive all relevant and material evidence which may be offered, includingthe testimony orwritten report, findings or recommendations of any professional or other personwho has familiaritywith the ward or conservatee.
(h) At the conclusion of the hearing, if the court does not find, by clearand convincingevidence, that the ward or conservatee is impaired, the court shall order thatthe ward or conservateeis restored to capacity and shall proceed to terminate the guardianship orconservatorship, or both,as provided for in subsection (i) or (j) ofK.S.A. 59-3091, andamendments thereto.Otherwise, the court shallmake such further orders in the guardianship or conservatorship, or both, asmay be appropriateunder this act.
59-3090.Restoration to capacity; petition;contents; hearing; procedure.(a) The ward or conservatee may at any time file a verifiedpetition with the court requesting that the courtfind that the ward or conservatee is no longer impaired, and request thatthe court restore the wardor conservatee to capacity.
(b) The petition shall include:
(1) 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;
(2) the name and address of the ward's or conservatee's court appointedguardian orconservator, or both;
(3) the factual basis upon which the ward or conservatee alleges that theyare no longerimpaired;
(4) the names and addresses of the witnesses by whom the truth of thepetition may beproved; and
(5) a request that the court find that the ward or conservatee is no longerimpaired, andtherefore entitled to be restored to capacity.
(c) (1) Upon the filing of such a petition, the court shall review thepetition to determine whethergood cause exists to warrant further proceedings. If the court findsgood cause to warrantfurther proceedings, the court shall issue an order fixing the date, time andplace of a hearing on thepetition, which hearing shall be held not later than 30 days following thefiling of the petition. If the court does not find within the petition factssufficient to constitute good cause towarrant furtherproceedings, the court nonetheless may issue an order for an examination andevaluation of the wardor conservatee to determine if there is sufficient cause for furtherproceedings. The court may orderthe ward or conservatee to submit to such an examination and evaluation to beconducted througha general hospital, psychiatric hospital, community mental health center,community developmentaldisability organization, or by a private physician, psychiatrist, psychologistor other person appointedby the court who is qualified to examine and evaluate the ward or conservatee.The costs of thisexamination and evaluation shall be assessed as provided for inK.S.A. 59-3094, andamendmentsthereto.
(2) If the court does not find good cause to warrant further proceedingsand the court doesnot issue an order for an examination and evaluation, or if the court haswithin the past six monthsconducted either the trial upon the original petition provided for inK.S.A. 59-3067, and amendmentsthereto, or a hearing on a previous petition for restoration, the court maydecline to set a hearing onthe petition and may dismiss the petition without further proceedings.
(d) If the court orders an examination and evaluation, and the report of thatexamination andevaluation contains information upon which the court finds good cause towarrant furtherproceedings, the court shall issue an order fixing the date, time and place ofa hearing on the petition,which hearing shall be held not later than 30 days following receipt of thereport of the examinationand evaluation. Otherwise, the court may dismiss the petition without furtherproceedings.
(e) The court may at any time on its own motion issue an order fixing thedate, time and placeof a hearing on whether the ward or conservatee should be restored to capacity.
(f) If the court issues an order setting the petition for a hearing, orissues an order on its own motion, the court may issue the following:
(1) An order appointing an attorney to represent the ward or conservatee inthis matter,similarly as provided for in subsection (a)(3) ofK.S.A. 59-3063,and amendmentsthereto;
(2) an order requiring that the ward or conservatee appear at the time andplace of the hearingon the petition. If an order to appear is entered, but is later rescinded, thecourt shall enter in therecord of the proceedings the facts upon which the court found subsequent tothe issuance of theorder that the presence of the ward or conservatee should be excused;
(3) a notice of the hearing to the guardian or conservator, or both, and toother interestedparties. The court may order the attorney for the ward or conservatee, oranother appropriate person,to serve this notice as the court may direct;
(4) an order of referral for hearing to the district court of the county ofresidence of the wardor conservatee, or of the county wherein the ward or conservatee may be found,except that no orderof referral for hearing shall be issued if objected to by the ward orconservatee. The district courtto which an order of referral for hearing is made shall proceed in the case asif the petition forrestoration had been filed therein, except that upon completion of the hearingthe court shall transmitthe findings of the court, along with any statement of the costs incurred, anda certified copy of allpleadings filed and orders entered during the course of the referral, to theoriginal court havingvenue. Thereafter, the original court shall proceed as provided for under thisact;
(5) for good cause shown, an order of continuance of the hearing;
(6) for good cause shown, an order of advancement of the hearing; and
(7) for good cause shown, an order changing the place of the hearing.
(g) The hearing upon the petition, or the court's own motion, shall beconducted in as informal a manner as may be consistent with orderly procedure.The court shall have the authorityto receive all relevant and material evidence which may be offered, includingthe testimony orwritten report, findings or recommendations of any professional or other personwho has familiaritywith the ward or conservatee.
(h) At the conclusion of the hearing, if the court does not find, by clearand convincingevidence, that the ward or conservatee is impaired, the court shall order thatthe ward or conservateeis restored to capacity and shall proceed to terminate the guardianship orconservatorship, or both,as provided for in subsection (i) or (j) ofK.S.A. 59-3091, andamendments thereto.Otherwise, the court shallmake such further orders in the guardianship or conservatorship, or both, asmay be appropriateunder this act.
59-3090.Restoration to capacity; petition;contents; hearing; procedure.(a) The ward or conservatee may at any time file a verifiedpetition with the court requesting that the courtfind that the ward or conservatee is no longer impaired, and request thatthe court restore the wardor conservatee to capacity.
(b) The petition shall include:
(1) 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;
(2) the name and address of the ward's or conservatee's court appointedguardian orconservator, or both;
(3) the factual basis upon which the ward or conservatee alleges that theyare no longerimpaired;
(4) the names and addresses of the witnesses by whom the truth of thepetition may beproved; and
(5) a request that the court find that the ward or conservatee is no longerimpaired, andtherefore entitled to be restored to capacity.
(c) (1) Upon the filing of such a petition, the court shall review thepetition to determine whethergood cause exists to warrant further proceedings. If the court findsgood cause to warrantfurther proceedings, the court shall issue an order fixing the date, time andplace of a hearing on thepetition, which hearing shall be held not later than 30 days following thefiling of the petition. If the court does not find within the petition factssufficient to constitute good cause towarrant furtherproceedings, the court nonetheless may issue an order for an examination andevaluation of the wardor conservatee to determine if there is sufficient cause for furtherproceedings. The court may orderthe ward or conservatee to submit to such an examination and evaluation to beconducted througha general hospital, psychiatric hospital, community mental health center,community developmentaldisability organization, or by a private physician, psychiatrist, psychologistor other person appointedby the court who is qualified to examine and evaluate the ward or conservatee.The costs of thisexamination and evaluation shall be assessed as provided for inK.S.A. 59-3094, andamendmentsthereto.
(2) If the court does not find good cause to warrant further proceedingsand the court doesnot issue an order for an examination and evaluation, or if the court haswithin the past six monthsconducted either the trial upon the original petition provided for inK.S.A. 59-3067, and amendmentsthereto, or a hearing on a previous petition for restoration, the court maydecline to set a hearing onthe petition and may dismiss the petition without further proceedings.
(d) If the court orders an examination and evaluation, and the report of thatexamination andevaluation contains information upon which the court finds good cause towarrant furtherproceedings, the court shall issue an order fixing the date, time and place ofa hearing on the petition,which hearing shall be held not later than 30 days following receipt of thereport of the examinationand evaluation. Otherwise, the court may dismiss the petition without furtherproceedings.
(e) The court may at any time on its own motion issue an order fixing thedate, time and placeof a hearing on whether the ward or conservatee should be restored to capacity.
(f) If the court issues an order setting the petition for a hearing, orissues an order on its own motion, the court may issue the following:
(1) An order appointing an attorney to represent the ward or conservatee inthis matter,similarly as provided for in subsection (a)(3) ofK.S.A. 59-3063,and amendmentsthereto;
(2) an order requiring that the ward or conservatee appear at the time andplace of the hearingon the petition. If an order to appear is entered, but is later rescinded, thecourt shall enter in therecord of the proceedings the facts upon which the court found subsequent tothe issuance of theorder that the presence of the ward or conservatee should be excused;
(3) a notice of the hearing to the guardian or conservator, or both, and toother interestedparties. The court may order the attorney for the ward or conservatee, oranother appropriate person,to serve this notice as the court may direct;
(4) an order of referral for hearing to the district court of the county ofresidence of the wardor conservatee, or of the county wherein the ward or conservatee may be found,except that no orderof referral for hearing shall be issued if objected to by the ward orconservatee. The district courtto which an order of referral for hearing is made shall proceed in the case asif the petition forrestoration had been filed therein, except that upon completion of the hearingthe court shall transmitthe findings of the court, along with any statement of the costs incurred, anda certified copy of allpleadings filed and orders entered during the course of the referral, to theoriginal court havingvenue. Thereafter, the original court shall proceed as provided for under thisact;
(5) for good cause shown, an order of continuance of the hearing;
(6) for good cause shown, an order of advancement of the hearing; and
(7) for good cause shown, an order changing the place of the hearing.
(g) The hearing upon the petition, or the court's own motion, shall beconducted in as informal a manner as may be consistent with orderly procedure.The court shall have the authorityto receive all relevant and material evidence which may be offered, includingthe testimony orwritten report, findings or recommendations of any professional or other personwho has familiaritywith the ward or conservatee.
(h) At the conclusion of the hearing, if the court does not find, by clearand convincingevidence, that the ward or conservatee is impaired, the court shall order thatthe ward or conservateeis restored to capacity and shall proceed to terminate the guardianship orconservatorship, or both,as provided for in subsection (i) or (j) ofK.S.A. 59-3091, andamendments thereto.Otherwise, the court shallmake such further orders in the guardianship or conservatorship, or both, asmay be appropriateunder this act.
