K.S.A. § 59-30,177 — KS Code / Chapter 59 / Article 30 / Section 59-30,177
59-30,177 - Administrative powers of conservator not requiring court approval.
Status: in_force

59-30,177. Administrative powers of conservator not requiring court approval. (a) Except as otherwise provided in K.S.A. 59-30,178, and amendments thereto, or as qualified or limited in the court's order of appointment and stated in the letters of office, a conservator has all powers granted in this section.

(b) A conservator, acting reasonably and consistent with the fiduciary duties of the conservator to accomplish the purpose of the conservatorship, without specific court authorization or confirmation, may with respect to the conservatorship estate:

(1) Collect, hold and retain property, including property in which the conservator has a personal interest and real property in another state, until the conservator determines disposition of the property should be made;

(2) receive additions to the conservatorship estate;

(3) manage any ongoing business that the individual subject to conservatorship was managing and operating prior to the appointment of the conservator;

(4) acquire an undivided interest in property in which the conservator, in a fiduciary capacity, holds an undivided interest;

(5) invest assets;

(6) deposit funds or other property in a financial institution, including one operated by the conservator;

(7) make ordinary or necessary repairs, replacements and renovations for the use and benefit of the individual subject to conservatorship;

(8) enter for any purpose into a lease of property as lessor or lessee, with or without an option to purchase or renew, for a term not exceeding one year;

(9) vote a security, in person or by general or limited proxy;

(10) pay a call, assessment or other sum chargeable or accruing against or on account of a security;

(11) sell or exercise a stock subscription or conversion right;

(12) consent, directly or through a committee or agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise in which the conservatorship has less than a 20% ownership interest;

(13) hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery;

(14) insure:

(A) The conservatorship estate, in whole or in part, against damage or loss in accordance with K.S.A. 59-30,176(j), and amendments thereto; and

(B) the conservator against liability with respect to a third person;

(15) borrow funds without security to be repaid from the conservatorship estate or otherwise;

(16) advance the conservator's personal funds for the protection of the conservatorship estate or the individual subject to conservatorship and all expenses, losses and liability sustained in the administration of the conservatorship estate or because of holding any property for which the conservator has a lien on the conservatorship estate, subject to reimbursement as provided in K.S.A. 59-30,120, and amendments thereto;

(17) pay or contest a claim, settle a claim by or against the conservatorship estate or the individual subject to conservatorship by compromise, arbitration or otherwise, or release, in whole or in part, a claim belonging to the conservatorship estate to the extent the claim is uncollectible;

(18) pay a tax, assessment and other expense incurred in the collection, care, administration and protection of the conservatorship estate;

(19) pay a sum distributable to the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship by paying the sum to the distributee or for the use of the distributee:

(A) To the guardian for the distributee;

(B) to the custodian of the distributee under the uniform transfers to minors act or custodial trustee under the uniform custodial trust act; or

(C) if there is no guardian, custodian or custodial trustee, to a relative or other person having physical custody of the distributee;

(20) bring or defend an action, claim or proceeding in any jurisdiction for the protection of the conservatorship estate or the conservator in the performance of the conservator's duties;

(21) structure the finances of the individual subject to conservatorship to establish eligibility for a public benefit, if the conservator's action does not jeopardize the individual's welfare and otherwise is consistent with the conservator's duties;

(22) assert spousal rights in an estate, including the spousal elective share; and

(23) execute and deliver any instrument that will accomplish or facilitate the exercise of a power of the conservator.