K.S.A. § 59-30,198 — KS Code / Chapter 59 / Article 30 / Section 59-30,198
59-30,198 - Basis for protective arrangement instead of conservatorship for adult or minor.
Status: in_force

59-30,198. Basis for protective arrangement instead of conservatorship for adult or minor. (a) After the hearing on a petition under K.S.A. 59-30,161, and amendments thereto, for conservatorship for an adult or under K.S.A. 59-30,196(c), and amendments thereto, for a protective arrangement instead of conservatorship for an adult, the court may issue an order under subsection (c) for a protective arrangement instead of conservatorship for the adult if the court finds by clear and convincing evidence that:

(1) The adult is unable to manage property or financial affairs because:

(A) Of a limitation in the ability to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance or supported decision making; or

(B) the adult is missing, detained, or unable to return to the United States;

(2) an order under subsection (c) is necessary to:

(A) Avoid harm to the adult or significant dissipation of the property of the adult; or

(B) obtain or provide funds or other property needed for the support, care, education, health or welfare of the adult or an individual entitled to the adult's support; and

(3) the respondent's identified needs cannot be met by a less restrictive alternative.

(b) After the hearing on a petition under K.S.A. 59-30,161, and amendments thereto, for conservatorship for a minor or under K.S.A. 59-30,196(c), and amendments thereto, for a protective arrangement instead of conservatorship for a minor, the court may issue an order under subsection (c) for a protective arrangement instead of conservatorship for the respondent if the court finds by a preponderance of the evidence that the arrangement is in the minor's best interest, and:

(1) If the minor has a parent, the court gives weight to any recommendation of the parent whether an arrangement is in the minor's best interest;

(2) either:

(A) The minor owns money or property requiring management or protection that otherwise cannot be provided;

(B) the minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age; or

(C) the arrangement is necessary or desirable to obtain or provide funds or other property needed for the support, care, education, health or welfare of the minor; and

(3) the order under subsection (c) is necessary or desirable to obtain or provide money needed for the support, care, education, health or welfare of the minor.

(c) If the court makes the findings under subsection (a) or (b), the court, instead of appointing a conservator, may:

(1) Authorize or direct a transaction necessary to protect the financial interest or property of the respondent, including:

(A) An action to establish eligibility for benefits;

(B) payment, delivery, deposit or retention of funds or property;

(C) sale, mortgage, lease or other transfer of property;

(D) purchase of an annuity;

(E) entry into a contractual relationship, including a contract to provide for personal care, supportive services, education, training or employment;

(F) addition to or establishment of a trust;

(G) ratification or invalidation of a contract, trust, will or other transaction, including a transaction related to the property or business affairs of the respondent; or

(H) settlement of a claim; or

(2) restrict access to the respondent's property by a specified person whose access to the property places the respondent at serious risk of financial harm.

(d) After the hearing on a petition under K.S.A. 59-30,196(a)(2) or (c), and amendments thereto, whether or not the court makes the findings under subsection (a) or (b), the court may issue an order to restrict access to the respondent or the respondent's property by a specified person that the court finds by clear and convincing evidence:

(1) Through fraud, coercion, duress or the use of deception and control caused or attempted to cause an action that would have resulted in financial harm to the respondent or the respondent's property; and

(2) poses a serious risk of substantial financial harm to the respondent or the respondent's property.

(e) Before issuing an order under subsection (c) or (d), the court shall consider the factors under K.S.A. 59-30,176, and amendments thereto, a conservator must consider when making a decision on behalf of an individual subject to conservatorship.

(f) Before issuing an order under subsection (c) or (d) for a respondent who is a minor, the court also shall consider the best interest of the minor, the preference of the parents of the minor and the preference of the minor, if the minor is 12 years of age or older.

(g) Any order issued under this section may include reporting requirements, time limits, bond requirements or any other provisions deemed necessary by the court.