K.S.A. § 59-30,170 — KS Code / Chapter 59 / Article 30 / Section 59-30,170
59-30,170 - Order of appointment for conservator; contents of order; review hearing.
Status: in_force

59-30,170. Order of appointment for conservator; contents of order; review hearing. (a) A court order appointing a conservator for a minor must include findings to support appointment of a conservator.

(b) A court order appointing a conservator for an adult must:

(1) Include a specific finding that clear and convincing evidence has established that the identified needs of the respondent cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternative, including use of appropriate supportive services, technological assistance or supported decision making; and

(2) include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition.

(c) A court order establishing a full conservatorship for an adult must state the basis for granting a full conservatorship and include specific findings to support the conclusion that a limited conservatorship would not meet the functional needs of the adult.

(d) A court order establishing a limited conservatorship must state the specific property placed under the control of the conservator and the powers granted to the conservator.

(e) A court order appointing a conservator must include the date of a review hearing to be set 90 days after the order of appointment is entered. At that hearing, the court shall review the conservator's plan filed pursuant to K.S.A. 59-30,180, and amendments thereto, and the inventory filed pursuant to K.S.A. 59-30,181, and amendments thereto.

(f) The court, as part of an order establishing a conservatorship, shall identify any person that subsequently is entitled to:

(1) Notice of the rights of the individual subject to conservatorship under K.S.A. 59-30,171(b), and amendments thereto;

(2) notice of a sale or other disposition of, encumbrance of an interest in, or surrender of a lease to any real or personal property of the individual;

(3) notice that the conservator will be unavailable to perform the conservator's duties for more than one month;

(4) a copy of the conservator's plan under K.S.A. 59-30,180, and amendments thereto, and the conservator's report under K.S.A. 59-30,182, and amendments thereto;

(5) access to court records relating to the conservatorship;

(6) notice of a transaction involving a substantial conflict between the conservator's fiduciary duties and personal interests;

(7) notice of the death or significant change in the condition of the individual;

(8) notice that a petition has been filed to limit or modify the powers of the conservator or that the court has limited or modified the powers of the conservator; and

(9) notice that a petition has been filed to remove the conservator or that the court has removed the conservator.

(g) If an individual subject to conservatorship is an adult, the spouse and adult children of the adult subject to conservatorship are entitled under subsection (e) to notice unless the court determines notice would be contrary to the preferences or prior directions of the adult subject to conservatorship or not in the best interest of the adult.

(h) If an individual subject to conservatorship is a minor, each parent and adult sibling of the minor is entitled under subsection (e) to notice unless the court determines notice would not be in the best interest of the minor.