K.S.A. § 59-30,190 — KS Code / Chapter 59 / Article 30 / Section 59-30,190
59-30,190 - Termination or modification of conservatorship.
Status: in_force

59-30,190. Termination or modification of conservatorship. (a) A conservatorship for a minor terminates on the earliest of:

(1) A court order terminating the conservatorship;

(2) the minor becoming an adult except as provided in K.S.A. 59-30,191, and amendments thereto;

(3) emancipation of the minor; or

(4) death of the minor.

(b) A conservatorship for an adult terminates on order of the court or when the adult dies.

(c) An individual subject to conservatorship, the conservator, or a person interested in the welfare of the individual may petition for:

(1) Termination of the conservatorship on the ground that a basis for appointment under K.S.A. 59-30,160, and amendments thereto, does not exist or termination would be in the best interest of the individual or for other good cause; or

(2) modification of the conservatorship on the ground that the extent of protection or assistance granted is not appropriate or for other good cause.

(d) The court shall hold a hearing to determine whether termination or modification of a conservatorship is appropriate on:

(1) Petition under subsection (c) which contains allegations that, if true, would support a reasonable belief that termination or modification of the conservatorship may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed within the preceding six months;

(2) a communication from the individual subject to conservatorship, conservator or person interested in the welfare of the individual which supports a reasonable belief that termination or modification of the conservatorship may be appropriate, including because the functional needs of the individual or supports or services available to the individual have changed;

(3) a report from a guardian or conservator which indicates that termination or modification may be appropriate because the functional needs or supports or services available to the individual have changed or a protective arrangement instead of conservatorship or other less restrictive alternative is available; or

(4) a determination by the court that a hearing would be in the best interest of the individual.

(e) Notice of a petition under subsection (c) or of a hearing under this section must be given to the individual subject to conservatorship, the conservator, a person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order, and any other person the court determines.

(f) After the hearing, the court shall order termination unless it is proven that a basis for appointment of a conservator under K.S.A. 59-30,160, and amendments thereto, continues to exist.

(g) The court shall modify the powers granted to a conservator if the powers are excessive or inadequate due to a change in the abilities or limitations of the individual subject to conservatorship, the individual's supports or other circumstances.

(h) Unless the court otherwise orders for good cause, before terminating a conservatorship, the court shall follow the same procedures to safeguard the rights of the individual subject to conservatorship which apply to a petition for conservatorship.

(i) An individual subject to conservatorship who seeks to terminate or modify the terms of the conservatorship has the right to retain an attorney to represent the individual in this matter. If the individual is not represented by an attorney, the court shall appoint an attorney under the same conditions as in K.S.A. 59-30,165, and amendments thereto. The court shall award reasonable attorney fees to the attorney as provided in K.S.A. 59-30,119, and amendments thereto.

(j) On termination of a conservatorship other than by reason of the death of the individual subject to conservatorship, property of the conservatorship estate passes to the individual. The order of termination must direct the conservator to file a final report and petition for discharge on approval by the court of the final report.

(k) On termination of a conservatorship by reason of the death of the individual subject to conservatorship, the conservator promptly shall file a final report and petition for discharge on approval by the court of the final report. On approval of the final report, the conservator shall proceed expeditiously to distribute the conservatorship estate to the individual's estate or as otherwise ordered by the court. The conservator may take reasonable measures necessary to preserve the conservatorship estate until distribution can be made.

(l) The court shall issue a final order of discharge on the approval by the court of the final report and satisfaction by the conservator of any other condition the court imposed on the conservator's discharge.

(m) Not later than 30 days after entering an order under this section, the court or the court's designee shall give notice of the order to the adult subject to conservatorship and any person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order.