59-3091.Termination of guardianship orconservatorship; petition; contents; hearing; procedure; finaldischarge.(a) At any time following the appointment of a guardian or aconservator, any person, including the ward or conservatee, may file a verifiedpetition with the courtrequesting that the court find that the ward or conservatee is no longer inneed of a guardian or aconservator, or both, and requesting that the court terminate the guardianshipor conservatorship, orboth.
(b) The petition shall include:
(1) The petitioner's name and address, and if the petitioner is the ward's orconservatee'scourt appointed guardian or conservator, or both, 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 ward's or conservatee's court appointedguardian or conservator, or both, if different from the petitioner;
(4) the factual basis upon which the petitioner alleges that the ward orconservatee is nolonger in need of a guardian or conservator, or both;
(5) the names and addresses of the witnesses by whom the truth of thepetition may beproved; and
(6) a request that the court find that the ward or conservatee is no longerin need of a guardianor conservator, or both, and that the court terminate the guardianship orconservatorship, or both.
(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 thecourt does not find within the petition facts sufficient to constitute goodcause to warrant furtherproceedings, the court nonetheless may issue an order for an investigation andreport concerning thecircumstances of the ward or conservatee. The court may appoint any qualifiedperson to conductthis investigation. The costs of this investigation shall be assessed asprovided for inK.S.A. 59-3094, and amendments thereto.
(2) If the court does not find good cause to warrant further proceedingsandthe court doesnot issue an order for an investigation and report, or if the court has withinthe 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 termination, the court maydecline to set a hearing onthe petition and may dismiss the petition without further proceedings.
(d) If the court orders an investigation, and the report of thatinvestigation contains information upon which the court finds good cause towarrant further proceedings, the court shallissue an order fixing the date, time and place of a hearing on the petition,which hearing shall be heldnot later than 30 days following receipt of the report of the investigation.Otherwise, the court maydismiss the petition without further proceedings.
(e) The court may at any time on its own motion issue an order fixing thedate, time and placeof a hearing on whether the guardianship or conservatorship, or both, should beterminated.
(f) If the court issues an order setting the petition for a hearing, orissues an order on its ownmotion, 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) a notice of the hearing to the guardian or conservator, or both, and toother interestedparties. The court may order the petitioner, or another appropriate person, toserve this notice as thecourt may direct;
(3) for good cause shown, an order of continuance of the hearing;
(4) for good cause shown, an order of advancement of the hearing; and
(5) 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 asinformal a manner as may be consistent with orderly procedure. The court shallhave 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 or the conservatee's estate.
(h) At the conclusion of the hearing, if the court does not find, by clearand convincing evidence, that the ward or conservatee is in need of a guardianor conservator, or both, the court shallorder that the guardianship or conservatorship, or both, be terminated asprovided for herein. Thecourt may assign to the guardian or conservator additional responsibilities,duties, powers orauthorities as the court determines appropriate to facilitate the closure ofthe guardianship orconservatorship, or both, including, if the ward or conservatee is deceased,authority to the guardianor conservator to pay from the ward's or conservatee's estate any reasonablefuneral expenses, anymedical expenses from the ward's or conservatee's last illness, and any claimfor medical assistancepaid for pursuant to K.S.A. 39-709, and amendments thereto, with due regard tothe rights of asurviving spouse, if any, and creditors.
(i) Upon the court ordering that the guardianship be terminated, the guardianshall give anynecessary notices with regard to the termination of the guardian's authority,shall assist the ward toestablish an independent residence, if applicable, and shall file a finalreport with the courtconcerning the actions of the guardian. The court shall review the report andif the court findsmatters in order, the court shall approve this final report and shall finallydischarge the guardian.
(j) Upon the court ordering that the conservatorship be terminated, theconservator shall takeany necessary action to close the conservator's administration of theconservatee's estate, and todeliver the property and assets of the conservatee's estate to the conservateeor otherwise as the courtmay direct. If the conservatee is deceased, and the funeral and last illnessexpenses, payment of anyclaim for medical expenses paid pursuant to K.S.A. 39-709, and amendmentsthereto, payment ofthe fees of the conservator as the court may allow, and payment of the costs ofthe final accountingand closing of the conservatee's estate, will deplete the estate, theconservator shall show suchdepletion on the final accounting.If such expenses willnot deplete the estate,the remaining property and assets of the conservatee's estate shall bedelivered by the conservatorto the appropriate person or agency as determined by the court, and theconservator shall report suchfact to the court in a final accounting. Upon the filing of a finalaccounting, and presentation to thecourt of a receipt for such property and assets, if the court approves, allowsand settles this finalaccounting pursuant to the provisions ofK.S.A. 59-3086, andamendmentsthereto, the court shall finally discharge the conservator and theconservator's surety. Neither theconservator, nor theconservator's estate or surety, shall be finally discharged until all of theproperty and assets of theconservatee's estate have been dispersed as directed by the court.
59-3091.Termination of guardianship orconservatorship; petition; contents; hearing; procedure; finaldischarge.(a) At any time following the appointment of a guardian or aconservator, any person, including the ward or conservatee, may file a verifiedpetition with the courtrequesting that the court find that the ward or conservatee is no longer inneed of a guardian or aconservator, or both, and requesting that the court terminate the guardianshipor conservatorship, orboth.
(b) The petition shall include:
(1) The petitioner's name and address, and if the petitioner is the ward's orconservatee'scourt appointed guardian or conservator, or both, 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 ward's or conservatee's court appointedguardian or conservator, or both, if different from the petitioner;
(4) the factual basis upon which the petitioner alleges that the ward orconservatee is nolonger in need of a guardian or conservator, or both;
(5) the names and addresses of the witnesses by whom the truth of thepetition may beproved; and
(6) a request that the court find that the ward or conservatee is no longerin need of a guardianor conservator, or both, and that the court terminate the guardianship orconservatorship, or both.
(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 thecourt does not find within the petition facts sufficient to constitute goodcause to warrant furtherproceedings, the court nonetheless may issue an order for an investigation andreport concerning thecircumstances of the ward or conservatee. The court may appoint any qualifiedperson to conductthis investigation. The costs of this investigation shall be assessed asprovided for inK.S.A. 59-3094, and amendments thereto.
(2) If the court does not find good cause to warrant further proceedingsandthe court doesnot issue an order for an investigation and report, or if the court has withinthe 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 termination, the court maydecline to set a hearing onthe petition and may dismiss the petition without further proceedings.
(d) If the court orders an investigation, and the report of thatinvestigation contains information upon which the court finds good cause towarrant further proceedings, the court shallissue an order fixing the date, time and place of a hearing on the petition,which hearing shall be heldnot later than 30 days following receipt of the report of the investigation.Otherwise, the court maydismiss the petition without further proceedings.
(e) The court may at any time on its own motion issue an order fixing thedate, time and placeof a hearing on whether the guardianship or conservatorship, or both, should beterminated.
(f) If the court issues an order setting the petition for a hearing, orissues an order on its ownmotion, 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) a notice of the hearing to the guardian or conservator, or both, and toother interestedparties. The court may order the petitioner, or another appropriate person, toserve this notice as thecourt may direct;
(3) for good cause shown, an order of continuance of the hearing;
(4) for good cause shown, an order of advancement of the hearing; and
(5) 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 asinformal a manner as may be consistent with orderly procedure. The court shallhave 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 or the conservatee's estate.
(h) At the conclusion of the hearing, if the court does not find, by clearand convincing evidence, that the ward or conservatee is in need of a guardianor conservator, or both, the court shallorder that the guardianship or conservatorship, or both, be terminated asprovided for herein. Thecourt may assign to the guardian or conservator additional responsibilities,duties, powers orauthorities as the court determines appropriate to facilitate the closure ofthe guardianship orconservatorship, or both, including, if the ward or conservatee is deceased,authority to the guardianor conservator to pay from the ward's or conservatee's estate any reasonablefuneral expenses, anymedical expenses from the ward's or conservatee's last illness, and any claimfor medical assistancepaid for pursuant to K.S.A. 39-709, and amendments thereto, with due regard tothe rights of asurviving spouse, if any, and creditors.
(i) Upon the court ordering that the guardianship be terminated, the guardianshall give anynecessary notices with regard to the termination of the guardian's authority,shall assist the ward toestablish an independent residence, if applicable, and shall file a finalreport with the courtconcerning the actions of the guardian. The court shall review the report andif the court findsmatters in order, the court shall approve this final report and shall finallydischarge the guardian.
(j) Upon the court ordering that the conservatorship be terminated, theconservator shall takeany necessary action to close the conservator's administration of theconservatee's estate, and todeliver the property and assets of the conservatee's estate to the conservateeor otherwise as the courtmay direct. If the conservatee is deceased, and the funeral and last illnessexpenses, payment of anyclaim for medical expenses paid pursuant to K.S.A. 39-709, and amendmentsthereto, payment ofthe fees of the conservator as the court may allow, and payment of the costs ofthe final accountingand closing of the conservatee's estate, will deplete the estate, theconservator shall show suchdepletion on the final accounting.If such expenses willnot deplete the estate,the remaining property and assets of the conservatee's estate shall bedelivered by the conservatorto the appropriate person or agency as determined by the court, and theconservator shall report suchfact to the court in a final accounting. Upon the filing of a finalaccounting, and presentation to thecourt of a receipt for such property and assets, if the court approves, allowsand settles this finalaccounting pursuant to the provisions ofK.S.A. 59-3086, andamendmentsthereto, the court shall finally discharge the conservator and theconservator's surety. Neither theconservator, nor theconservator's estate or surety, shall be finally discharged until all of theproperty and assets of theconservatee's estate have been dispersed as directed by the court.
59-3091.Termination of guardianship orconservatorship; petition; contents; hearing; procedure; finaldischarge.(a) At any time following the appointment of a guardian or aconservator, any person, including the ward or conservatee, may file a verifiedpetition with the courtrequesting that the court find that the ward or conservatee is no longer inneed of a guardian or aconservator, or both, and requesting that the court terminate the guardianshipor conservatorship, orboth.
(b) The petition shall include:
(1) The petitioner's name and address, and if the petitioner is the ward's orconservatee'scourt appointed guardian or conservator, or both, 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 ward's or conservatee's court appointedguardian or conservator, or both, if different from the petitioner;
(4) the factual basis upon which the petitioner alleges that the ward orconservatee is nolonger in need of a guardian or conservator, or both;
(5) the names and addresses of the witnesses by whom the truth of thepetition may beproved; and
(6) a request that the court find that the ward or conservatee is no longerin need of a guardianor conservator, or both, and that the court terminate the guardianship orconservatorship, or both.
(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 thecourt does not find within the petition facts sufficient to constitute goodcause to warrant furtherproceedings, the court nonetheless may issue an order for an investigation andreport concerning thecircumstances of the ward or conservatee. The court may appoint any qualifiedperson to conductthis investigation. The costs of this investigation shall be assessed asprovided for inK.S.A. 59-3094, and amendments thereto.
(2) If the court does not find good cause to warrant further proceedingsandthe court doesnot issue an order for an investigation and report, or if the court has withinthe 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 termination, the court maydecline to set a hearing onthe petition and may dismiss the petition without further proceedings.
(d) If the court orders an investigation, and the report of thatinvestigation contains information upon which the court finds good cause towarrant further proceedings, the court shallissue an order fixing the date, time and place of a hearing on the petition,which hearing shall be heldnot later than 30 days following receipt of the report of the investigation.Otherwise, the court maydismiss the petition without further proceedings.
(e) The court may at any time on its own motion issue an order fixing thedate, time and placeof a hearing on whether the guardianship or conservatorship, or both, should beterminated.
(f) If the court issues an order setting the petition for a hearing, orissues an order on its ownmotion, 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) a notice of the hearing to the guardian or conservator, or both, and toother interestedparties. The court may order the petitioner, or another appropriate person, toserve this notice as thecourt may direct;
(3) for good cause shown, an order of continuance of the hearing;
(4) for good cause shown, an order of advancement of the hearing; and
(5) 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 asinformal a manner as may be consistent with orderly procedure. The court shallhave 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 or the conservatee's estate.
(h) At the conclusion of the hearing, if the court does not find, by clearand convincing evidence, that the ward or conservatee is in need of a guardianor conservator, or both, the court shallorder that the guardianship or conservatorship, or both, be terminated asprovided for herein. Thecourt may assign to the guardian or conservator additional responsibilities,duties, powers orauthorities as the court determines appropriate to facilitate the closure ofthe guardianship orconservatorship, or both, including, if the ward or conservatee is deceased,authority to the guardianor conservator to pay from the ward's or conservatee's estate any reasonablefuneral expenses, anymedical expenses from the ward's or conservatee's last illness, and any claimfor medical assistancepaid for pursuant to K.S.A. 39-709, and amendments thereto, with due regard tothe rights of asurviving spouse, if any, and creditors.
(i) Upon the court ordering that the guardianship be terminated, the guardianshall give anynecessary notices with regard to the termination of the guardian's authority,shall assist the ward toestablish an independent residence, if applicable, and shall file a finalreport with the courtconcerning the actions of the guardian. The court shall review the report andif the court findsmatters in order, the court shall approve this final report and shall finallydischarge the guardian.
(j) Upon the court ordering that the conservatorship be terminated, theconservator shall takeany necessary action to close the conservator's administration of theconservatee's estate, and todeliver the property and assets of the conservatee's estate to the conservateeor otherwise as the courtmay direct. If the conservatee is deceased, and the funeral and last illnessexpenses, payment of anyclaim for medical expenses paid pursuant to K.S.A. 39-709, and amendmentsthereto, payment ofthe fees of the conservator as the court may allow, and payment of the costs ofthe final accountingand closing of the conservatee's estate, will deplete the estate, theconservator shall show suchdepletion on the final accounting.If such expenses willnot deplete the estate,the remaining property and assets of the conservatee's estate shall bedelivered by the conservatorto the appropriate person or agency as determined by the court, and theconservator shall report suchfact to the court in a final accounting. Upon the filing of a finalaccounting, and presentation to thecourt of a receipt for such property and assets, if the court approves, allowsand settles this finalaccounting pursuant to the provisions ofK.S.A. 59-3086, andamendmentsthereto, the court shall finally discharge the conservator and theconservator's surety. Neither theconservator, nor theconservator's estate or surety, shall be finally discharged until all of theproperty and assets of theconservatee's estate have been dispersed as directed by the court.
