59-3060. Petition for appointment of guardian or conservator for a minor with an impairment; contents; evaluations; plan.
59-3060
59-3060. Petition for appointment of guardian orconservator for a minor with an impairment; contents; evaluations;plan.(a) (1) Any person may file in the district court of thecounty of residence ofthe proposed wardor proposed conservatee or of any county wherein the proposed ward or proposedconservatee maybe found, a verified petition requesting the appointment of a guardian or aconservator, or both, fora minor with an impairment in need of a guardian or conservator, or both. Ifthe proposedconservatee is not a resident of or present within the state of Kansas, suchpetition may be filed inthe district court of any county in which any property of the proposedconservatee is situated. If apetition is filed in the district court of a county other than the county ofresidence of the minor, thecourt may consider whether it is in the best interests of the minor or in theinterests of justice for theproceedings to take place in that county.
(2) If the court finds it is not in the best interests of the minor or in theinterests of justice thatthe proceedings take place in that county and the minor is a nonresident ofthe state of Kansas, the court may dismiss the matter immediately, or maycontinue the matter for a specific period of timenot to exceed 60 days to allow for the filing of proceedings in the state ofresidence. After theexpiration of that period of time, or upon the filing of proceedings in thestate of residence, the courtshall dismiss the petition without prejudice.
(3) If the court finds it is not in the best interests of the minor or in theinterests of justice thatthe proceedings take place in that county and the minor is a resident of adifferent county in Kansas,the court may dismiss the matter immediately, or may transfer venue to thecounty of residence, ormay continue the matter for a specific period of time not to exceed 60 days toallow for the filing ofproceedings in the county of residence. After the expiration of that period oftime, or upon the filingof proceedings in the county of residence, the court shall dismiss the petitionwithout prejudice.
(b) The petition shall include:
(1) The petitioner's name and address;
(2) the minor's name, age, date of birth, address of permanent residence, andpresent addressor whereabouts, if different from the minor's permanent residence;
(3) if the minor is a nonresident of the county in which the petition isfiled, a statement ofwhy it is in the best interests of the minor or in the interests of justice forthe proceedings to takeplace in that county;
(4) a statement that it is the petitioner's belief that the proposed ward orproposed conservateeis a minor with an impairment in need of a guardian or conservator, or both;
(5) the factual basis upon which the petitioner makes this allegation;
(6) the names and addresses of any spouse of the minor, any natural guardian,any grandparent, any person nominated by a natural guardianto be the guardian or conservator, or both,any child or children of the minor, any permanentcustodian appointed for the minor pursuant toK.S.A. 2009 Supp.38-2269, and amendments thereto, any fiduciaryappointed for the minor by any court order,and any other person or agency having or claiming a right to legal or physicalcustody of or visitationwith the minor or who has assumed responsibility for or care of the minor, andthe circumstancesunder which the minor came into such person's or agency's care or control. Ifno such names oraddresses are known to the petitioner, but the petitioner has reason to believesuch persons exist, thenthe petition shall state that fact and that the petitioner has made diligentinquiry to learn those namesand addresses;
(7) a list and description of all court proceedings in which the minor is orhas recently beena party, or is or has recently been the subject of, or was or may be abeneficiary of, or in which anyrights of the minor were or may be determined or affected, including anyproceeding concerning thecustody of or visitation with the minor, any domestic relations matters,juvenile proceedings oradoptions, and the name and address of any attorney who represents or hasrepresented the minor inany such matter. If not known, the petition shall state that the petitionerhas made diligent inquiryto learn this information;
(8) in general terms, the location, type, and value of any real or personalproperty of theminor, including the amount and sources of any income of the minor. If notknown, the petition shallstate that the petitioner has made diligent inquiry to learn this information;
(9) the names and addresses of witnesses by whom the truth of the petitionmay be proved;
(10) the name, age, date of birth, gender, address,place ofemployment, relationship to the minor, if any, of theindividual or corporation whom the petitioner suggests that the court appointas guardian or conservator, or both, and anypersonal or agency interest of the proposed guardian or proposed conservatorthat may be perceived as self-serving or adverse to the position or bestinterest of the proposed ward or proposed conservatee;
(11) if the petitioner suggests the appointment of co-guardians orco-conservators, or both,a statement of the reasons why such appointment is sought and whether thepetitioner suggests thatthe co-guardians or co-conservators, if appointed, should be able to actindependently or whetherthey should be required to act only in concert or only in concert with regardto specified matters; and
(12) a request that the court make a determination that the proposed ward orproposedconservatee is a minor with an impairment in need of a guardian or conservator,or both, that thecourt enter one or more of the orders provided for inK.S.A. 59-3063, 59-3064 and 59-3065,andamendments thereto, that the court appoint a guardian or a conservator, orboth, for theminor and that the court order that this appointment shall extend beyond theminor's 18th birthday.
(c) Any such petition may be accompanied by, or the court may require thatsuch petitionbe accompanied by, a report of an examination and evaluation which meets therequirements of K.S.A. 59-3064, and amendments thereto. In such case, thepetitionmay includea request that thecourt accept this report in lieu of ordering any additional examination andevaluation pursuant toK.S.A. 59-3064, and amendments thereto.
(d) Any such petition may be accompanied by, or the court may require thatsuch petition beaccompanied by, a proposed guardianship plan as provided for inK.S.A. 59-3076, andamendmentsthereto, or a proposed conservatorship plan as provided for inK.S.A. 59-3079, and amendmentsthereto, or both.
History: L. 2002, ch. 114, § 11;L. 2006, ch. 200, § 105;L. 2008, ch. 64, § 5; July 1.