State Codes and Statutes
Statutes > Kansas > Chapter59 > Article30 > Statutes_2382359-3094
59-3094. Costs of proceedings; payment.(a) In each proceeding the court shall allow andorder paid to any individual or institution as a part of the costs thereof areasonable fee and expensesfor any professional services ordered performed by the court pursuant to thisact other than thoseperformed by any individual or institution under the jurisdiction of thedepartment of social andrehabilitation services, but including the fee of counsel for the proposed wardor proposedconservatee or ward or conservatee when counsel is appointed by the court. Thecourt may allow andorder paid the fee of counsel for the petitioner and any respondent. Othercosts and fees may beallowed and paid as are allowed by law for similar services in other cases. Thecosts shall betaxed to the estate of theproposed ward or proposed conservatee or ward or conservatee, to those bound bylaw to supportthe proposed ward or proposed conservatee or ward or conservatee, to otherparties whenever itwould be just and equitable to do so, or to the county of residence of theproposed ward orproposed conservatee or ward or conservatee as the court having venue shalldirect.
(b) In any contested proceeding or matter the court, in its discretion,may require one or moreparties to give security for the costs thereof, or in lieu thereof to file apoverty affidavit as providedfor in the code of civil procedure.
(c) Any district court receiving a statement of costs from another districtcourt shall approvethe same for payment out of the general fund of its county except that it mayrefuse to approve thesame for payment only on the grounds that the proposed ward or proposedconservatee or ward orconservatee is not a resident of that county. In such case it shall transmitthe statement of coststo the secretary of social and rehabilitation services who shall determine thequestion of residence and certify those findings to each district court. If theclaim for costs is notpaid within 30 days after such certification, an action may be maintainedthereon by the claimantcounty in the district court of the claimant county against the debtor county.The findings made bythe secretary of social and rehabilitation services as to the residence of theproposed wardor proposed conservatee or ward or conservatee shall be applicable only to theassessment of costs.Any county of residence which pays from its general fund court costs to thedistrict court of anothercounty may recover the same in any court of competent jurisdiction from theestate of the proposedward or proposed conservatee or ward or conservatee or from those bound by lawto support the proposed ward or proposed conservatee or ward or conservatee,unless the court finds that theproceedings in which such costs were incurred were instituted without goodcause and not ingood faith.
History: L. 2002, ch. 114, § 45; July 1.
