K.S.A. § 59-30,179 — KS Code / Chapter 59 / Article 30 / Section 59-30,179
59-30,179 - Powers of conservator requiring court approval; notice, hearing and considerations.
Status: in_force

59-30,179. Powers of conservator requiring court approval; notice, hearing and considerations. (a) Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice under K.S.A. 59-30,162(d), and amendments thereto, and receive specific authorization by the court before the conservator may exercise, with respect to the conservatorship, the power to:

(1) Make a gift, except a gift of de minimis value, unless such power to make a gift is included in a conservator's plan approved by the court and by the attorney for the individual subject to conservatorship;

(2) sell or otherwise dispose of, encumber an interest in, or surrender a lease to any real or personal property of the individual subject to conservatorship, unless such power is included in a conservator's plan approved by the court and by the attorney for the individual subject to conservatorship;

(3) acquire or dispose of property, including real property in another state, for cash or on credit, at public or private sale, and manage, develop, improve, exchange, partition, change the character of or abandon property;

(4) make extraordinary repairs or alterations in a building or other structure, demolish any improvement, or raze an existing or erect a new party wall or building;

(5) subdivide or develop land, dedicate land to public use, make or obtain the vacation of a plat and adjust a boundary, adjust a difference in valuation of land, exchange or partition land by giving or receiving consideration and dedicate an easement to public use without consideration;

(6) 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 exceeding one year;

(7) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or a pooling or unitization agreement;

(8) grant an option involving disposition of property or accept or exercise an option for the acquisition of property;

(9) convey, release or disclaim a contingent or expectant interest in property, including marital property and any right of survivorship incident to joint tenancy;

(10) exercise or release a power of appointment;

(11) create a revocable or irrevocable trust of property of the conservatorship estate, including an irrevocable trust which will enable the individual subject to conservatorship to qualify for benefits from any federal, state or local government program, or which will accelerate the individual's qualification for such benefits, whether or not the trust extends beyond the duration of the conservatorship;

(12) revoke or amend a trust revocable by the individual subject to conservatorship pursuant to K.S.A. 58a-411 or 58a-602, and amendments thereto;

(13) exercise a right to elect an option or change a beneficiary under an insurance policy or annuity or surrender the policy or annuity for its cash value;

(14) renounce or disclaim a property interest;

(15) grant a creditor priority for payment over creditors of the same or higher class if the creditor is providing property or services used to meet the basic living and care needs of the individual subject to conservatorship and preferential treatment otherwise would be impermissible under K.S.A. 59-30,187(e), and amendments thereto; and

(16) litigate as petitioner or respondent an action for divorce, dissolution or annulment of marriage of the individual subject to conservatorship, including negotiation of a settlement thereof.

(b) The court shall set the matter for hearing and, if the individual subject to conservatorship is not represented by an attorney, shall appoint an attorney to represent the individual.

(c) In approving a conservator's exercise of a power listed in subsection (a), the court shall consider primarily the decision the individual subject to conservatorship would make if able, to the extent the decision can be ascertained.

(d) To determine under subsection (b) the decision the individual subject to conservatorship would make if able, the court shall consider the individual's prior or current directions, preferences, opinions, values and actions, to the extent actually known or reasonably ascertainable by the conservator. The court shall also consider:

(1) The financial needs of the individual subject to conservatorship and individuals who are in fact dependent on the individual subject to conservatorship for support, and the interests of creditors of the individual;

(2) possible reduction of income, estate, inheritance or other tax liabilities;

(3) eligibility for governmental assistance;

(4) the previous pattern of giving or level of support provided by the individual;

(5) any existing estate plan or lack of estate plan of the individual;

(6) the life expectancy of the individual and the probability the conservatorship will terminate before the individual's death; and

(7) any other relevant factor.