59-3061. Petition for appointment of guardian or conservator for person previously adjudged impaired in another state; contents; authenticated documents; plan.
59-3061
59-3061. Petition for appointment of guardian orconservator for person previously adjudged impaired in another state; contents;authenticated documents; plan.(a) Theguardian, conservator or other similarly empowered fiduciary appointed in anyother state for a person who has beenpreviously adjudged as impaired in another state may file in the district courtof the county whereinthe proposed ward or proposed conservatee may be found or wherein thepetitioner plans to relocatethe proposed ward or proposed conservatee, a verified petition requesting thatthe court give full faithand credit to the prior adjudication and appoint a guardian or a conservator,or both, in Kansas. Thepetition shall also declare that immediately upon such appointment, thepetitioner will take thenecessary action to terminate the proceedings in the other state.
(b) The petition shall include:
(1) The petitioner's name and address;
(2) the proposed ward's or proposed conservatee's name, age, date of birth,address ofpermanent residence, and present address or whereabouts, if different from theproposed ward's orproposed conservatee's permanent residence;
(3) if the proposed ward or proposed conservatee is not already presentwithin Kansas, theaddress and nature of the place located within Kansas to which the petitionerplans to relocate theproposed ward or proposed conservatee if the court does appoint a guardian orconservator, or both,in Kansas;
(4) the place where and the date upon which the petitioner was appointed asthe guardian,conservator or other similarly empowered fiduciary for the proposed ward orproposed conservateeand a statement that this appointment remains in full force and effect;
(5) the factual basis upon which the petitioner alleges the need for theappointment of aguardian or conservator, or both, in Kansas;
(6) the names and addresses of any spouse, adult children and adultgrandchildren of theproposed ward or proposed conservatee, and those of any parent and adultsiblings of the proposedward or proposed conservatee, or if no such names or addresses are known to thepetitioner, thename and address of at least one adult who is nearest in kinship to theproposed ward or proposedconservatee, or if none, that fact. If no such names or addresses are known tothe petitioner, but thepetitioner has reason to believe such persons exist, then the petition shallstate that fact and that thepetitioner has made diligent inquiry to learn those names and addresses;
(7) the name and address of any person or corporation acting for or nominatedto act onbehalf of the proposed ward or proposed conservatee pursuant to any power ofattorney, trust or otherfiduciary relationship established by any court order, other than theappointment in the other stateof the petitioner as the guardian, conservator or other similarly empoweredfiduciary for the proposedward or proposed conservatee, and a description of that authority orrelationship. If not known, thepetition shall state that the petitioner has made diligent inquiry to learnthis information;
(8) a list and description of all court proceedings in which the proposedward or proposed conservateeis a party, or is the subject of, or may be a beneficiary of, or in which anyrights of the proposed wardor proposed conservatee may be determined or affected, and the name and addressof any attorneywho represents the proposed ward or proposed conservatee in such matter. If notknown, the petitionshall state that the petitioner has made diligent inquiry to learn thisinformation;
(9) in general terms, the location, type and value of any real or personalproperty of theproposed ward or proposed conservatee, including the amount and sources of anyincome of theproposed ward or proposed conservatee. If not known, the petition shall statethat the petitioner has made diligent inquiry to learn this information;
(10) the names and addresses of the witnesses by whom the truth of thepetition may beproved;
(11) the name, age, date of birth, gender, address,place of employment, relationship to the proposed ward or proposedconservatee, ifany, of the individual or corporation whom the petitioner suggests that thecourt appoint asguardian or conservator, or both, and any personal or agencyinterest of the proposed guardian or proposed conservator that may be perceivedas self-serving or adverse to the position or best interest of the proposedward or proposed conservatee, and if the suggested guardian orconservator is under contractwith the Kansas guardianship program, that fact;
(12) 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;
(13) a declaration that, immediately upon the appointment of a guardian orconservator in thisstate, the petitioner will take the necessary action to terminate theproceedings in the other state; and
(14) a request that the court make a determination that the proposed ward orproposedconservatee is a person who has been previously adjudged as impaired in anotherstate, that the courtenter one or more of the orders provided for inK.S.A. 59-3063 and59-3065, andamendments thereto, and that the court appoint a guardian or conservator, orboth, for the proposedward or proposed conservatee in Kansas.
(c) Any such petition shall be accompanied by a duly authenticated copy ofthe order ofadjudication and appointment and documents showing the continuing authority ofthe petitioner inthe other state.
(d) Any such petition may be accompanied by, or the court may requirethat such 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, andamendmentsthereto, or both.
History: L. 2002, ch. 114, § 12;L. 2008, ch. 64, § 6; July 1.