K.S.A. § 59-30,142 — KS Code / Chapter 59 / Article 30 / Section 59-30,142
59-30,142 - Petition for appointment of guardian for adult; contents.
Status: in_force

59-30,142. Petition for appointment of guardian for adult; contents. (a) A person interested in an adult's welfare, including the adult for whom the order is sought, may file a verified petition for appointment of a guardian for the adult.

(b) A petition under subsection (a) must state the petitioner's name, principal residence, current street address if different, relationship to the respondent, interest in the appointment, the name and address of any attorney representing the petitioner and, to the extent known, the following:

(1) The respondent's name, age, principal residence, current street address if different and address of the dwelling in which it is proposed the respondent will reside if the petition is granted;

(2) the name and address of the respondent's:

(A) Spouse or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the 12-month period immediately before the filing of the petition;

(B) adult children, adult stepchildren, adult grandchildren and each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and

(C) adult former stepchildren with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the petition;

(3) the name and current address of each of the following, if applicable:

(A) A person primarily responsible for care of the respondent;

(B) any attorney currently representing the respondent;

(C) any representative payee appointed by the social security administration for the respondent;

(D) a guardian or conservator acting for the respondent in this state or in another jurisdiction;

(E) a trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;

(F) any fiduciary for the respondent appointed by the department of veterans affairs and any curator appointed under K.S.A. 73-507, and amendments thereto;

(G) an agent designated under a power of attorney for healthcare in which the respondent is identified as the principal;

(H) an agent designated under a power of attorney for finances in which the respondent is identified as the principal;

(I) a person nominated as guardian by the respondent;

(J) a person nominated as guardian by the respondent's parent or spouse in a will or other signed record; and

(K) a person known to have routinely assisted the respondent with decision making during the six months immediately before the filing of the petition;

(4) (A) The proposed guardian's name, age, date of birth, gender, address, place of employment and relationship to the respondent, if any;

(B) the reason the proposed guardian should be selected;

(C) any potential conflict of interest including any personal or agency interest of the proposed guardian that may be perceived as self-serving or adverse to the position or best interest of the respondent; and

(D) whether the proposed guardian is under contract with the Kansas guardianship program;

(5) the reason a guardianship is necessary, including a description of:

(A) The nature and extent of the respondent's alleged need;

(B) any protective arrangement instead of guardianship or other less restrictive alternatives for meeting the respondent's alleged need which have been considered or implemented;

(C) if no protective arrangement instead of guardianship or other less restrictive alternatives have been considered or implemented, the reason they have not been considered or implemented; and

(D) the reason a protective arrangement instead of guardianship or other less restrictive alternative is insufficient to meet the respondent's alleged need;

(6) whether the petitioner seeks a limited guardianship or full guardianship;

(7) if the petitioner seeks a full guardianship, the reason a limited guardianship or protective arrangement instead of guardianship is not appropriate;

(8) if a limited guardianship is requested, the powers to be granted to the guardian;

(9) the name and current address, if known, of any person with whom the petitioner seeks to limit the respondent's contact;

(10) if the respondent has property other than personal effects, a general statement of the respondent's property, with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts; and

(11) whether the respondent needs an interpreter, translator or other form of support to communicate effectively with the court or understand court proceedings.