reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b79 Disclosure of records.

59-29b79.
Disclosure of records.
(a) The district court records, and any treatment records or medical records of any patient or former patient that are in the possession of any district court or treatment facility shall be privileged and shall not be disclosed except:
(1) Upon the written consent of (A) the patient or former patient, if an adult who has no legal guardian; (B) the patient's or former patient's legal guardian, if one has been appointed; or (C) a parent, if the patient or former patient is under 18 years of age, except that a patient or former patient who is 14 or more years of age and who was voluntarily admitted upon their own application made pursuant to subsection (b)(2)(B) of K.S.A. 59-29b49, and amendments thereto, shall have capacity to consent to release of their records without parental consent. The head of any treatment facility who has the records may refuse to disclose portions of such records if the head of the treatment facility states in writing that such disclosure will be injurious to the welfare of the patient or former patient.
(2) Upon the sole consent of the head of the treatment facility who has the records if the head of the treatment facility makes a written determination that such disclosure is necessary for the treatment of the patient or former patient.
(3) To any state or national accreditation agency or for a scholarly study, but the head of the treatment facility shall require, before such disclosure is made, a pledge from any state or national accreditation agency or scholarly investigator that such agency or investigator will not disclose the name of any patient or former patient to any person not otherwise authorized by law to receive such information.
(4) Upon the order of any court of record after a determination has been made by the court issuing the order that such records are necessary for the conduct of proceedings before the court and are otherwise admissible as evidence.
(5) In proceedings under this act, upon the oral or written request of any attorney representing the patient, or former patient.
(6) To the state central repository at the Kansas bureau of investigation for use only in determining eligibility to purchase and possess firearms or qualifications for licensure pursuant to the personal and family protection act.
(7) As otherwise provided for in this act.
(b) To the extent the provisions of K.S.A. 65-5601 through 65-5605, inclusive, and amendments thereto, are applicable to treatment records or medical records of any patient or former patient, the provisions of K.S.A. 65-5601 through 65-5605, inclusive, and amendments thereto, shall control the disposition of information contained in such records.
(c) Willful violation of this section is a class C misdemeanor.
History:
L. 1998, ch. 134, § 33; L. 2007, ch. 166, § 3; May 3.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b80 Civil and criminal liability.

59-29b80. Civil and criminal liability.
Any person or law enforcement agency, governing body, community mental health center or personnel acting in good faith and without negligence shall be free from all liability, civil or criminal, that might arise out of acting or declining to act pursuant to this act. Any person who for a corrupt consideration or advantage, or through malice, shall make or join in making or advise the making of any false petition, report or order provided for in this act shall be guilty of a class A misdemeanor.
History:
L. 1998, ch. 134, § 34; L. 2017, ch. 77, § 23; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b81 Costs; payment by residence county, when. Costs; payment by residence county, when. Costs; payment by residence county, when. Costs; payment by residence county, when.

59-29b81. Costs; payment by residence county, when.
In each proceeding the court shall allow and order paid to any individual or treatment facility as part of the costs thereof a reasonable fee and expenses for any professional services ordered performed by the court pursuant to this act, and including the fee of counsel for the patient when counsel is appointed by the court and the costs of the county or district attorney incurred in cases involving change of venue. Other costs and fees shall be allowed and paid as are allowed by law for similar services in other cases. The costs shall be taxed to the estate of the patient, to those bound by law to support such patient or to the county of the residence of the patient as the court having jurisdiction shall direct, except that if a proposed patient is found not to be a person with an alcohol or substance abuse problem subject to involuntary commitment under this act, the costs shall not be assessed against such patient's estate but may at the discretion of the court be assessed against the petitioner or may be paid from the general fund of the county of the residence of the proposed patient. Any district court receiving a statement of costs from another district court shall forthwith approve the same for payment out of the general fund of its county except that it may refuse to approve the same for payment only on the ground that the patient is not a resident of that county. In such case it shall transmit the statement of costs to the secretary for aging and disability services who shall determine the question of residence and certify the secretary's findings to each district court. Whenever a district court has sent a statement of costs to the district court of another county and such costs have not been paid within 90 days after the statement was sent, the district court that sent the statement may transmit such statement of costs to the secretary for determination and certification as provided in this section. If the claim for costs is not paid within 30 days after such certification, an action may be maintained thereon by the claimant county in the district court of the claimant county against the debtor county. The findings made by the secretary for aging and disability services as to the residence of the patient shall be applicable only to the assessment of costs. Any county of residence which pays from its general fund court costs to the district court of another county may recover the same in any court of competent jurisdiction from the estate of the patient or from those bound by law to support such patient, unless the court shall find that the proceedings in which such costs were incurred were instituted without probable cause and not in good faith.
History:
L. 1998, ch. 134, § 35; L. 2014, ch. 115, § 224; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b82 Notice of death of patients in treatment facilities.

59-29b82.
Notice of death of patients in treatment facilities.
In the event of the death of a patient in a treatment facility, the head of the treatment facility shall immediately give notice of the date, time, place and cause of such death, to the extent known, to the nearest known relative of the patient, and, as appropriate, to the court having jurisdiction over the patient, the attorney for the patient, and to the county or district attorney and as otherwise provide for by law, to the coroner for the county in which the patient died.
History:
L. 1998, ch. 134, § 36; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b83 Applicability to persons in custody on criminal charges.

59-29b83.
Applicability to persons in custody on criminal charges.
Nothing in this act shall be construed to apply to any person alleged or thought to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act who is in custody on a criminal charge, except with the consent of either the prosecuting attorney or trial court.
History:
L. 1998, ch. 134, § 37; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b84 Severability.

59-29b84.
Severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 1998, ch. 134, § 38; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c01 Citation of act.

59-29c01. Citation of act.
The provisions of K.S.A. 2023 Supp. 59-29c01 through 59-29c14, and amendments thereto, shall be known and may be cited as the crisis intervention act.
History:
L. 2017, ch. 77, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c02 Definitions.

59-29c02. Definitions.
When used in the crisis intervention act:
(a) "Behavioral health professional" includes a physician, physician assistant, psychologist, qualified mental health professional or licensed addiction counselor.
(b) "Head of a crisis intervention center" means the administrative director of a crisis intervention center or a behavioral health professional designated by such person.
(c) "Law enforcement officer" shall have the meaning ascribed to it in K.S.A. 22-2202, and amendments thereto.
(d) "Licensed addiction counselor" shall have the meaning ascribed to it in K.S.A. 59-29b46(d), (e) or (f), and amendments thereto.
(e) "Crisis intervention center" means any entity licensed by the Kansas department for aging and disability services that is open 24 hours a day, 365 days a year, equipped to serve voluntary and involuntary individuals in crisis due to mental illness, substance abuse or a co-occurring condition, and that uses certified peer specialists.
(f) "Crisis intervention center service area" means the counties to which the crisis intervention center has agreed to provide service.
(g) "Physician" means a person licensed to practice medicine and surgery as provided for in the Kansas healing arts act or a person who is employed by a state psychiatric hospital or by an agency of the United States and who is authorized by law to practice medicine and surgery within such hospital or agency.
(h) "Psychologist" means a licensed psychologist, as defined by K.S.A. 74-5302, and amendments thereto.
(i) "Qualified mental health professional" shall have the meaning ascribed to it in K.S.A. 59-2946(j), and amendments thereto.
(j) "Treatment" means any service intended to promote the mental health of the patient and rendered by a qualified professional, licensed or certified by the state to provide such service as an independent practitioner or under the supervision of such practitioner; and the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological and social service care, vocational rehabilitation and career counseling, which may be extended to persons with an alcohol or substance abuse problem.
(k) "Domestic partner" means a person with whom another person maintains a household and an intimate relationship, other than a person to whom such person is legally married.
(l) "Physician assistant" means a person licensed to practice medicine and surgery as a physician assistant by the state board of healing arts.
History:
L. 2017, ch. 77, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c03 Civil rights of persons subject to the provisions of this act.

59-29c03. Civil rights of persons subject to the provisions of this act.
(a) The fact that a person has been detained for emergency observation and treatment under this act shall not be construed to mean that such person shall have lost any civil right such person would otherwise have as a resident or citizen, any property right or legal capacity, except as may be specified within any court order or as otherwise limited by the provisions of this act or the reasonable policies which the head of a crisis intervention center may, for good cause shown, find necessary to make for the orderly operations of that facility. No person held in custody under the provisions of this act shall be denied the right to apply for a writ of habeas corpus. No judicial action taken as part of the procedure provided in K.S.A. 2023 Supp. 59-29c08(c), and amendments thereto, shall constitute a finding by the court.
(b) There shall be no implication or presumption that a patient within the terms of this act is, for that reason alone, a person in need of a guardian or a conservator, or both, as provided in K.S.A. 59-3050 through 59-3097, and amendments thereto.
History:
L. 2017, ch. 77, § 3; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c04 Voluntary admission to crisis intervention center.

59-29c04. Voluntary admission to crisis intervention center.
Nothing in this act shall be construed to prohibit a person with capacity to do so from making an application for admission as a voluntary patient to a crisis intervention center. Any person desiring to do so shall be afforded an opportunity to consult with such person's attorney prior to making any such application. If the head of the crisis intervention center accepts the application and admits the person as a voluntary patient, then the head of the crisis intervention center shall notify, in writing, the person's legal guardian, if known.
History:
L. 2017, ch. 77, § 4; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c05 Law enforcement officer authority and duty.

59-29c05. Law enforcement officer authority and duty.
Any law enforcement officer who takes a person into custody pursuant to K.S.A. 59-2953 or 59-29b53, and amendments thereto, may transport such person to a crisis intervention center if the officer is in a crisis intervention center service area. The crisis intervention center shall not refuse to accept any person for evaluation if such person is brought to the crisis intervention center by a law enforcement officer and such officer's jurisdiction is in the crisis intervention center's service area. If a law enforcement officer is not in a crisis intervention center service area or chooses not to transport the person to a crisis intervention center, then the officer shall follow the procedures set forth in the care and treatment act for persons with an alcohol or substance abuse problem, K.S.A. 59-29b45 et seq., and amendments thereto.
History:
L. 2017, ch. 77, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c06 Emergency observation and treatment; application by law enforcement officer.

59-29c06. Emergency observation and treatment; application by law enforcement officer.
(a) A crisis intervention center may admit and detain any person 18 years of age or older who is presented for emergency observation and treatment upon the written application of a law enforcement officer.
(b) An emergency observation and treatment application shall be made on a form set forth by the secretary for aging and disability services or a locally developed form approved by the secretary. The original application shall be kept in the regular course of business with the law enforcement agency, and a copy shall be provided to the crisis intervention center and to the patient. The application shall state:
(1) The name and address of the person sought to be admitted, if known;
(2) the name and address of the person's spouse, domestic partner or nearest relative, if known;
(3) the applicant's belief that the person may be a mentally ill person subject to involuntary commitment as defined in K.S.A. 59-2946, and amendments thereto, a person with an alcohol or substance abuse problem subject to involuntary commitment as defined in K.S.A. 59-29b46, and amendments thereto, or a person with co-occurring conditions, and because of such mental illness, alcohol or substance abuse problem or co-occurring conditions, is likely to cause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that belief and the factual circumstances under which the person was taken into custody, including any known pending criminal charges; and
(5) whether the person has a wellness recovery action plan or psychiatric advance directive, if known.
History:
L. 2017, ch. 77, § 6; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c07 Emergency observation and treatment; application by any adult.

59-29c07. Emergency observation and treatment; application by any adult.
(a) A crisis intervention center may evaluate, admit and detain any person 18 years of age or older who is presented for emergency observation and treatment upon the written application of any adult.
(b) An emergency observation and treatment application shall be made on a form set forth by the secretary for aging and disability services or a locally developed form approved by the secretary. The original application shall be kept by the applicant, and a copy shall be provided to the crisis intervention center and to the patient. The application shall state:
(1) The name and address of the person sought to be admitted, if known;
(2) the name and address of the person's spouse, domestic partner or nearest relative, if known;
(3) the applicant's belief that the person may be a mentally ill person subject to involuntary commitment as defined in K.S.A. 59-2956, and amendments thereto, a person with an alcohol or substance abuse problem subject to involuntary commitment as defined in K.S.A. 59-29b46, and amendments thereto, or a person with co-occurring conditions, and because of such mental illness, alcohol or substance abuse problem or co-occurring conditions, is likely to cause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that belief and the factual circumstances under which the person was presented to the crisis intervention center;
(5) any known pending criminal charges;
(6) any known prior psychiatric, medical or substance use history; and
(7) whether the person has a wellness recovery action plan or psychiatric advance directive, if known.
History:
L. 2017, ch. 77, § 7; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c09 Notice of rights and documentation upon admission.

59-29c09. Notice of rights and documentation upon admission.
(a) Whenever any person is involuntarily admitted to or detained at a crisis intervention center pursuant to this act, the head of the crisis intervention center shall:
(1) Immediately advise the person in custody that such person is entitled to immediately contact the person's legal counsel, legal guardian, personal physician or psychologist, minister of religion, including a Christian Science practitioner, or immediate family as defined in subsection (b) or any combination thereof. If the person desires to make such contact, the head of the crisis intervention center shall make available to the person reasonable means for making such immediate communication;
(2) provide notice of the person's involuntary admission including a copy of the documentation authorizing the involuntary admission to that person's attorney or legal guardian, immediately upon learning of the existence and whereabouts of such attorney or legal guardian, unless that attorney or legal guardian was the person who signed the application resulting in the patient's admission. If authorized by the patient pursuant to K.S.A. 65-5601 through 65-5605, and amendments thereto, the head of the crisis intervention center also shall provide notice to the patient's immediate family, as defined in subsection (b), immediately upon learning of the existence and whereabouts of such family, unless the family member to be notified was the person who signed the application resulting in the patient's admission; and
(3) immediately advise the person in custody of such person's rights provided for in K.S.A. 2023 Supp. 59-29c14, and amendments thereto.
(b) "Immediate family" means the spouse, domestic partner, adult children or children, parent or parents, and sibling or siblings, or any combination thereof.
History:
L. 2017, ch. 77, § 9; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c10 Administration of medications and other treatments.

59-29c10. Administration of medications and other treatments.
(a) Medications and other treatments shall be prescribed, ordered and administered only in conformity with accepted clinical practice. Medication shall be administered only upon the written order of a physician or upon a verbal order noted in the patient's medical records and subsequently signed by the physician. The attending physician shall review regularly the drug regimen of each patient under the physician's care and shall monitor any symptoms or harmful side effects. Prescriptions for psychotropic medications shall be written with a termination date not exceeding 30 days thereafter, but may be renewed.
(b) During the course of treatment, the responsible physician or psychologist or such person's designee shall reasonably consult with the patient or the patient's legal guardian and give consideration to the views the patient or legal guardian expresses concerning treatment and any alternatives, including views expressed in any wellness recovery action plan or psychiatric advance directive. No medication or other treatment may be administered to any voluntary patient without the patient's consent or the consent of such patient's legal guardian.
(c) Consent for medical or surgical treatments not intended primarily to treat a patient's mental disorder shall be obtained in accordance with applicable law.
(d) Whenever a patient receiving treatment pursuant to this act objects to taking any medication prescribed for psychiatric treatment, and after full explanation of the benefits and risks of such medication such objection continues, the medication may be administered over the patient's objection. Such objection shall be recorded in the patient's medical record.
(e) In no case shall experimental medication be administered without the patient's consent, which consent shall be obtained in accordance with K.S.A. 2023 Supp. 59-29c12(a)(6), and amendments thereto.
History:
L. 2017, ch. 77, § 10; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c11 Restraints; seclusion.

59-29c11. Restraints; seclusion.
(a) Restraints or seclusion shall not be applied to a patient unless it is determined by the head of the crisis intervention center or a physician or psychologist to be necessary to prevent immediate substantial bodily injury to the patient or others and that other alternative methods to prevent such injury are not sufficient to accomplish this purpose. Restraints or seclusion shall never be used as a punishment or for the convenience of staff. The extent of the restraints or seclusion applied to the patient shall be the least restrictive measure necessary to prevent such injury to the patient or others, and the use of restraint or seclusion in a crisis intervention center shall not exceed three hours without medical reevaluation, except that such medical reevaluation shall not be required, unless necessary, between the hours of 12:00 midnight and 8:00 a.m. When restraints or seclusion are applied, there shall be monitoring of the patient's condition at a frequency determined by the treating physician or psychologist, which shall be no less than once per each 15 minutes. The head of the crisis intervention center or a physician or psychologist shall sign a statement explaining the treatment necessity for the use of any restraint or seclusion and shall make such statement a part of the permanent treatment record of the patient.
(b) The provisions of subsection (a) shall not prevent, for a period not exceeding two hours without review and approval thereof by the head of the crisis intervention center or a physician or psychologist:
(1) The use of such restraints as necessary for a patient who is likely to cause physical injury to self or others without the use of such restraints;
(2) the use of restraints when needed primarily for examination or treatment or to ensure the healing process; or
(3) the use of seclusion as part of a treatment methodology that calls for time out when the patient is refusing to participate in treatment or has become disruptive of a treatment process.
(c) As used in this section:
(1) "Restraints" means the application of any device, other than human force alone, to any part of the body of the patient for the purpose of preventing the patient from causing injury to self or others; and
(2) "seclusion" means the placement of a patient, alone, in a room, where the patient's freedom to leave is restricted and where the patient is not under continuous observation.
History:
L. 2017, ch. 77, § 11; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c13 Disclosure of records.

59-29c13. Disclosure of records.
Any district court records and any treatment records or medical records of any person who has been admitted to a crisis intervention center pursuant to this act that are in the possession of any district court or crisis intervention center treatment facility shall be privileged and shall be not disclosed except as provided under K.S.A. 59-2979, and amendments thereto.
History:
L. 2017, ch. 77, § 13; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29c - The Crisis Intervention Act › 59-29c14 Civil and criminal liability.

59-29c14. Civil and criminal liability.
Any person or law enforcement agency, governing body, crisis intervention center, community mental health center or personnel acting in good faith and without negligence shall be free from all liability, civil or criminal, that might arise out of acting or declining to act pursuant to the crisis intervention act. Any person who, for a corrupt consideration or advantage, or through malice, shall make or join in making or advise the making of any false petition, report or order provided for in the crisis intervention act, shall be guilty of a class A misdemeanor.
History:
L. 2017, ch. 77, § 14; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3050 Name and citation of act.

59-3050.
Name and citation of act.
The act shall be known and may be cited as the act for obtaining a guardian or a conservator, or both.
History:
L. 2002, ch. 114, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3052 Computation of time.

59-3052.
Computation of time.
(a) In computing the date upon or by which any act must be done or hearing held under provisions of this article, the day on which an act or event occurred and from which a designated period of time is to be calculated shall not be included, but the last day in a designated period of time shall be included unless that day falls on a Saturday, Sunday or legal holiday, in which case the next day which is not a Saturday, Sunday or legal holiday shall be considered to be the last day.
(b) Unless the court orders otherwise, if the clerk's office is inaccessible on the last day for filing, then the time for filing is extended to the first accessible day that is not a Saturday, Sunday or legal holiday.
(c) "Legal holiday" means any day declared a holiday by the president of the United States, the congress of the United States or the legislature of this state or any day observed as a holiday by order of the Kansas supreme court. A half holiday is considered as other days and not as a holiday.
History:
L. 2002, ch. 114, § 3; L. 2010, ch. 135, § 63; July 1.
Revisor's Note:
Section was also amended by L. 2010, ch. 11, § 12, but that version was repealed by L. 2010, ch. 135, § 225.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3053 Natural guardian; powers and responsibilities.

59-3053. Natural guardian; powers and responsibilities.
(a) A natural guardian shall have the right to the custody of the natural guardian's minor child and the right to exercise control over the person of the natural guardian's minor child as provided by law, unless a guardian has been appointed for the minor. The natural guardian of such minor has the right and responsibility to hold in trust and manage such person's estate for such person's benefit all of the personal and real property vested in such minor when the total of such property does not exceed $25,000 in value, unless a guardian or conservator has been appointed for the minor.
(b) Nothing in this act shall be construed to relieve a natural guardian of any obligation imposed by law for the support, maintenance, care, treatment, habilitation or education of that natural guardian's minor child.
History:
L. 2002, ch. 114, § 4; L. 2023, ch. 65, § 4; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3054 Right to nominate guardian or conservator, or both.

59-3054.
Right to nominate guardian or conservator, or both.
(a) Any natural guardian, by last will, may nominate a conservator of only that portion of the estate of such guardian's minor child, whether born at the time of the execution of the will or afterwards, which is devised or bequeathed by such natural guardian to the child.
(b) A surviving natural guardian, by last will or by a trust instrument establishing an inter vivos trust, may nominate a guardian or conservator, or both, for any of such guardian's minor children, whether born at the time of the execution of the will or trust instrument or afterwards.
(c) The nominated guardian or conservator, if a fit and proper person, shall be appointed by the district court pursuant to K.S.A. 59-3068, and amendments thereto, if it is found, during the trial held pursuant to K.S.A. 59-3067, and amendments thereto, that a guardian or conservator, or both, should be appointed for the minor child of the testator or settlor.
History:
L. 2002, ch. 114, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3055 Estate under certain dollar amount; investment; disposition.

59-3055. Estate under certain dollar amount; investment; disposition.
(a) Any court having either control over or possession of any amount of money not exceeding $100,000, the right to which is vested in a minor, shall have the discretion to authorize, without the appointment of a conservator or the giving of bond, and notwithstanding the authority of a natural guardian as provided for in K.S.A. 59-3053, and amendments thereto, the deposit of the money in a savings account of a bank, credit union, savings and loan association or any other investment account that the court may authorize, payable either to a conservator, if one shall be appointed for the minor, or to the minor upon attaining 18 years of age.
(b) Any court having either control over or possession of any amount of money not exceeding $25,000, the right to which is vested in a minor, shall have the discretion to order the payment of the money to any person, including the natural guardian of the minor, or the minor. If the person is the conservator for the minor, the court may waive or recommend the waiver of the requirement of a bond. If the person is anyone other than the minor, the court shall order that person to hold in trust and manage such person's estate for such person's benefit.
(c) Any court having either control over or possession of any amount of money not exceeding $25,000, the right to which is vested in a person for whom a guardian has been appointed, shall have the discretion to authorize, without the appointment of a conservator or the giving of bond, the deposit of the money in a savings account of a bank, credit union or savings and loan association, payable to the guardian for the benefit of the ward if authorized pursuant to K.S.A. 59-3075(e)(8), and amendments thereto, payable to a conservator, if one shall be appointed for the person, or payable to the ward on restoration to capacity.
History:
L. 2002, ch. 114, § 6; L. 2023, ch. 65, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3056 Voluntary petition for appointment of conservator.

59-3056.
Voluntary petition for appointment of conservator.
An adult person for whom no guardian or conservator has been appointed, and who is not a proposed ward or a proposed conservatee may file in the district court of the county of residence of such person a verified petition requesting the appointment of a conservator for the petitioner. The petition shall include:
(a) The person's name, age, date of birth, address of permanent residence and present address or whereabouts, if different from the person's permanent residence;
(b) the factual basis upon which the person alleges the need for the appointment of a conservator;
(c) the name, age, date of birth, gender, address, place of employment, relationship to the petitioner, if any, of the individual or corporation whom the petitioner requests that the court appoint as conservator, and any personal or agency interest of the proposed conservator that may be perceived as self-serving or adverse to the position or best interest of the proposed conservatee, and whether such individual or corporation should be required to file a bond. If the proposed conservator is under contract with the Kansas guardianship program, the petition shall state that fact;
(d) a request that the court make a determination that there is a need for the appointment of a conservator and that the court appoint a conservator;
(e) the names and addresses of the relatives nearest in kinship to the person;
(f) the general character and probable value of the real and personal property, including the amount and sources of income, of the person;
(g) the name, address of any existing fiduciary for the person and a description of that fiduciary relationship.
History:
L. 2002, ch. 114, § 7; L. 2008, ch. 64, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3057 Same; procedure.

59-3057.
Same; procedure.
Upon the filing of a petition as provided for in K.S.A. 59-3056, and amendments thereto, the court shall issue an order fixing the date, time and place of the trial on the petition and order that notice of this trial shall be given to such persons as the court shall direct. The trial may be held forthwith and without notice if the court determines that holding a trial forthwith and without notice is in the best interests of the petitioner. Upon completion of the trial, if the court finds that the petitioner has knowingly and voluntarily made this request and that it is in the best interests of the petitioner that a conservator be appointed, the court, upon the filing of an oath and a bond in such an amount as the court may direct pursuant to K.S.A. 59-3069, and amendments thereto, shall issue letters of conservatorship to the individual or corporation named in the petition, if fit and proper to be so appointed.
History:
L. 2002, ch. 114, § 8; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3070 Appointment of corporation as guardian; qualifications; procedures.

59-3070. Appointment of corporation as guardian; qualifications; procedures.
(a) Any corporation organized under the Kansas general corporation code may act as guardian for an individual found to be in need of a guardian under the act for obtaining a guardian or conservator, or both, if the corporation has been certified by the secretary for children and families as a suitable agency to perform the duties of a guardian.
(b) The secretary for children and families shall establish criteria for determining whether a corporation should be certified as a suitable agency to perform the duties of a guardian. The criteria shall be designed for the protection of the ward and shall include, but not be limited to, the following:
(1) Whether the corporation is capable of performing the duties of a guardian;
(2) whether the staff of the corporation is accessible and available to wards and to other persons concerned about their well-being and is adequate in number to properly perform the duties and responsibilities of a guardian;
(3) whether the corporation is a stable organization which is likely to continue in existence for some time; and
(4) whether the corporation will agree to submit such reports and answer such questions as the secretary may require in monitoring corporate guardianships.
(c) Application for certification under this section shall be made to the secretary for children and families in such manner as the secretary may direct. The secretary for children and families may suspend or revoke certification of a corporation under this section, after notice and hearing, upon a finding that such corporation has failed to comply with the criteria established by rules and regulations under subsection (b). Such corporation shall not be appointed as a guardian during the period of time the certificate is suspended or revoked.
(d) No corporation shall be eligible for appointment as provided for in K.S.A. 59-3068, and amendments thereto, as the guardian of any person if such corporation provides care, treatment or housing to that person or is the owner, part owner or operator of any adult care home, lodging establishment or institution utilized for the care, treatment or housing of that person.
(e) The secretary for children and families may adopt rules and regulations necessary to administer the provisions of this section.
History:
L. 2002, ch. 114, § 21; L. 2014, ch. 115, § 228; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3072 Transfer of venue.

59-3072.
Transfer of venue.
(a) At any time after the trial and appointment of a guardian or conservator as provided for in K.S.A. 59-3067, and amendments thereto, and upon the written request of the guardian or conservator, or upon the court's own motion, and after notice to any persons as the court may direct, the court may transfer venue to another district court for good cause shown. In such case, the transferring court shall transmit to the court to which venue is being transferred a certified copy of all pleadings and orders in the case.
(b) Any district court to which venue is transferred shall proceed in the case as if the petition and all proceedings to that point had originally been filed or occurred therein. In the event that, due to the transfer of venue, notice of a change of location of a hearing previously scheduled is required, but cannot be served on any interested party at least 48 hours prior to the hearing, or if any hearing previously scheduled by the transferring court cannot be held as scheduled by the receiving court because of scheduling conflicts, then the receiving court may continue the hearing for up to seven full working days to allow adequate time for notice to be given and the hearing to be held.
History:
L. 2002, ch. 114, § 23; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3076 Guardianship plan; contents; effectuation; revision.

59-3076.
Guardianship plan; contents; effectuation; revision.
(a) At any time, the court may require the guardian, or the guardian may at any time choose, to develop and file with the court a plan for the care of the ward. This plan shall be developed consistent with the provisions of subsection (a) of K.S.A. 59-3075, and amendments thereto. This plan may provide for, but need not be limited to providing for:
(1) Where the ward will reside, including any proposal to admit the ward to any nursing facility;
(2) what degree of autonomy the ward will have with regard to making choices concerning such matters as attending any educational or vocational training, employment, volunteering for any type of service or activity, traveling independently, and obtaining either routine or specified medical care without the guardian's consent, and what restrictions the guardian will place upon the ward with regard to such choices; and
(3) what restrictions, if any, the guardian will place on whom the ward may associate with, and if so, the names of any persons the guardian will restrict from association with the ward.
(b) If the court has not also appointed a conservator for the ward, the court may further require the guardian, or the guardian may choose, to include as a part of the guardian's plan, what restrictions, if any, the guardian will place upon the ward's use of the ward's financial assets or the ward's access to those assets. In any case, the court shall not approve any guardianship plan which does not comply with the provisions of subsection (e)(8) of K.S.A. 59-3075, and amendments thereto, if applicable.
(c) If required by the court, the court may set a date by which this guardianship plan shall be filed with the court. Otherwise, the guardian may at any time file a plan with the court. Upon the filing of a plan, the court may require the guardian to give notice thereof to such persons as the court directs. Any interested party may request that the court conduct a hearing concerning any plan filed with the court. The court may require the guardian to amend or withdraw any plan filed.
(d) Any guardianship plan filed with the court shall be effectuated by the guardian to the maximum extent possible consistent with any changing circumstances of the ward. Within each report concerning the status of the ward submitted to the court as the court directs pursuant to K.S.A. 59-3084, and amendments thereto, the guardian shall explain any actions taken in deviance from the plan and the reasons therefor.
(e) At any time deemed appropriate by the guardian, the guardian may file a revised guardianship plan consistent with the provisions of this section.
History:
L. 2002, ch. 114, § 27; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3079 Conservatorship plan; contents; effectuation; revision.

59-3079.
Conservatorship plan; contents; effectuation; revision.
(a) At any time, the court may require the conservator, or the conservator may at any time choose, to develop and file with the court a plan for the administration of the conservatee's estate. This plan shall be developed consistent with the provisions of K.S.A. 59-3078, and amendments thereto. This plan may provide for, but need not be limited to providing for:
(1) What autonomy the conservatee will have with regard to keeping and utilizing any earnings from employment or gifts which the conservatee may have or receive; and
(2) what responsibility the conservator shall have with regard to protecting the eligibility of the conservatee for any type of public or other benefit.
(b) If required by the court, the court may set a date by which this conservatorship plan shall be filed with the court. Otherwise, the conservator may at any time file a plan with the court. Upon the filing of a plan, the court may require the conservator to give notice thereof to such persons as the court directs. Any interested party may request that the court conduct a hearing concerning any plan filed with the court. The court may require the conservator to amend or withdraw any plan filed.
(c) Any conservatorship plan filed with the court shall be effectuated by the conservator to the maximum extent possible consistent with any changing circumstances of the conservatee. Within each accounting submitted to the court as the court directs pursuant to K.S.A. 59-3083, and amendments thereto, the conservator shall explain any actions taken in deviance from the plan and the reasons therefor.
(d) At any time deemed appropriate by the conservator, the conservator may file a revised conservatorship plan consistent with the provisions of this section.
History:
L. 2002, ch. 114, § 30; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3082 Claims against conservatee's estate; petition; contents; notice; hearing; order for payment.

59-3082.
Claims against conservatee's estate; petition; contents; notice; hearing; order for payment.
(a) Any person having a claim for payment against the conservatee or the conservatee's estate, other than for any tort for which the claimant has not been awarded judgment, or any person having a claim for payment for any goods or services provided to the conservatee or the conservatee's estate by the claimant in reliance upon actions or the authority of the conservator, may file with the court a verified petition requesting payment for such. The petition shall include:
(1) The petitioner's name and address;
(2) the conservator's name and address;
(3) the amount of the claim, and the factual basis upon which the petitioner makes this claim;
(4) a statement that demand for payment of the claim has been made upon the conservator, but that the conservator refuses or has failed to pay the claim; and
(5) a request that the court determine that the claim is owed to the petitioner, and for an order of the court directing the conservator to pay the claim.
(b) Upon the filing of such a petition, the court shall issue an order fixing the date, time and place of a hearing on the petition. The court shall require the petitioner to give notice of this hearing to the conservator and to such other persons as the court may direct. The court may appoint an attorney to represent the conservatee in this matter similarly as provided for in subsection (a)(3) of K.S.A. 59-3063, and amendments thereto.
(c) At the completion of the hearing, if the court finds, by a preponderance of the evidence, that the petitioner is owed the claim, or some part thereof, the court shall issue an order to the conservator to pay the same from the conservatee's estate, or to pay so much of the claim as the court allows, and to include such in the conservator's next report and accounting. Otherwise, the court shall deny the petitioner's request.
History:
L. 2002, ch. 114, § 33; July 1.