K.S.A. § 59-30,182 — KS Code / Chapter 59 / Article 30 / Section 59-30,182
59-30,182 - Conservator's report and accounting; monitoring.
Status: in_force

59-30,182. Conservator's report and accounting; monitoring. (a) A conservator shall file with the court a report in a record regarding the administration of the conservatorship estate annually unless the court otherwise directs, on resignation or removal, on termination of the conservatorship, and at any other time the court directs.

(b) A report under subsection (a) must state or contain:

(1) An accounting that lists property included in the conservatorship estate and the receipts, disbursements, liabilities and distributions during the period for which the report is made;

(2) a list of the services provided to the individual subject to conservatorship;

(3) a statement whether the conservator has deviated from the conservator's most recently approved plan and, if so, how the conservator has deviated and why;

(4) a recommendation as to the need for continued conservatorship and any recommended change in the scope of the conservatorship;

(5) to the extent feasible, a copy of the most recent reasonably available financial statements evidencing the status of bank accounts, investment accounts and mortgages or other debts of the individual subject to conservatorship with account numbers and social security number redacted;

(6) anything of more than de minimis value which the conservator, any individual who resides with the conservator, or the spouse, parent, child or sibling of the conservator has received from a person providing goods or services to the individual subject to conservatorship;

(7) any business relation the conservator has with a person the conservator has paid or that has benefited from the property of the individual subject to conservatorship;

(8) whether any co-conservator or successor conservator appointed to serve when a designated event occurs is alive and able to serve; and

(9) a copy of the bond renewal.

(c) The court may appoint a court liaison to review a report under this section or conservator's plan under K.S.A. 59-30,180, and amendments thereto, interview the individual subject to conservatorship or conservator, or investigate any other matter involving the conservatorship. In connection with the report, the court may order the conservator to submit the conservatorship estate to appropriate examination in a manner the court directs.

(d) Notice of the filing under this section of a conservator's report, together with a copy of the report, must be provided to the individual subject to conservatorship, a person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order, and other persons the court determines. The notice and report must be given not later than 14 days after filing.

(e) The court shall establish procedures for monitoring a report submitted under this section and review each report at least annually to determine whether:

(1) The reports provide sufficient information to establish the conservator has complied with the conservator's duties;

(2) the conservatorship should continue; and

(3) the conservator's requested fees, if any, should be approved.

(f) If the court determines there is reason to believe a conservator has not complied with the conservator's duties or the conservatorship should not continue, the court:

(1) Shall notify the individual subject to conservatorship, the conservator and any other person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order;

(2) may require additional information from the conservator;

(3) may appoint a court liaison to interview the individual subject to conservatorship or conservator or investigate any matter involving the conservatorship; and

(4) consistent with K.S.A. 59-30,189 and 59-30,190, and amendments thereto, may hold a hearing to consider removal of the conservator, termination of the conservatorship or a change in the powers granted to the conservator or terms of the conservatorship.

(g) If the court has reason to believe fees requested by a conservator are not reasonable, the court shall hold a hearing to determine whether to adjust the requested fees.

(h) A conservator may petition the court for approval of a report filed under this section. The court after review may approve the report. If the court approves the report, there is a rebuttable presumption the report is accurate as to a matter adequately disclosed in the report.

(i) An order, after notice and hearing, approving an interim report of a conservator filed under this section adjudicates liabilities concerning a matter adequately disclosed in the report, as to a person given notice of the report or accounting.

(j) An order, after notice and hearing, approving a final report filed under this section discharges the conservator from all liabilities, claims and causes of action by a person given notice of the report and the hearing as to a matter adequately disclosed in the report.