Kansas Conservatorship Laws
In Kansas, a “conservator” is an individual or a corporation who is appointed by the court to act on behalf of a conservatee. According to K.S.A. § 59-3078, a conservator shall become aware of the conservatee’s needs and responsibilities and exercise authority only as necessitated by the conservatee’s limitations. In addition, conservators shall consider the expressed desires and personal values of the conservatee to the extent known to the conservator in making decisions on behalf of the person. The conservator must also file an initial inventory of all of the property, assets and any sources of regular income of the conservatee’s estate with the court. S/he shall also file with the court annual accountings and other reports concerning the status of the estate and the actions of the conservator.
For the appointment of a guardian or conservator, the first step is the filing of a petition. The petition asks the district court to appoint a guardian or conservator for an adult or minor. Thereafter, a notice must be personally served on the proposed ward or conservatee and the attorney of the proposed ward or conservatee not less than ten days prior to the date of the hearing. If there is evidence that the proposed ward or conservatee is either an adult or a minor with impairment in need of a guardian or conservator, the court will appoint a guardian or conservator.
The court also requires the filing of a bond in such an amount as the court may direct, if the conservator is to assume responsibility for some or all of the estate of the conservatee. The conservator is also required to prepare and present to the court the Conservator’s Inventory within a thirty day period after appointment.
The court at any time may enter an order summarily terminating a guardianship or a conservatorship if any of the following circumstances exist:
• the conservatee is deceased.
• the ward has become18 years of age.
• no further need for the guardianship or conservatorship exists.
• the conservatee has filed a verified petition requesting the termination of the conservatorship.