59-3062. Petition for appointment of ancillary conservator; contents; authenticated documents; plan.
59-3062
59-3062. Petition for appointment of ancillaryconservator; contents; authenticated documents; plan.(a) The conservator or other similarly empowered fiduciaryappointed in any other state fora person in need of an ancillary conservator may file in the district court ofany county in which anyproperty of the proposed conservatee is situated a verified petition requestingthe appointment of anancillary conservator in Kansas.
(b) The petition shall include:
(1) The petitioner's name and address, and a statement that the petitioner isthe conservatoror other similarly empowered fiduciary appointed in another state, and thatthis appointment remainsin full force and effect;
(2) the proposed conservatee's name, age, date of birth, address of permanentresidence, andpresent address or whereabouts, if different from the proposed conservatee'spermanent residence;
(3) a statement that the proposed conservatee is a person in need of anancillary conservator;
(4) the factual basis upon which the petitioner alleges the need for anancillaryconservatorship in this state;
(5) the names and addresses of any spouse, adult children and adultgrandchildren of theproposed conservatee, and those of any parent and adult siblings of theproposed conservatee, or if no such names or addresses are known to thepetitioner, the name and address of at least one adultwho is nearest in kinship to the proposed conservatee. If no such names oraddresses are known tothe petitioner, but the petitioner has reason to believe such persons exist,then the petition shall statethat fact and that the petitioner has made diligent inquiry to learn thosenames and addresses;
(6) the name and address of any person or corporation acting for or nominatedto act onbehalf of the proposed conservatee in this state pursuant to any power ofattorney, trust or otherfiduciary relationship established by any court order, and a description ofthat authority orrelationship. If not known, the petition shall state that the petitioner hasmade diligent inquiry tolearn this information;
(7) the location and value of the property within Kansas for which anancillaryconservatorship is being sought;
(8) the names and addresses of witnesses by whom the truth of the petitionmay be proved;
(9) the name, age, date of birth, gender, address, place of employment,relationship to the proposed conservatee, if any,of the individualor corporation whom the petitioner suggests that the court appoint as theancillary conservator,and any personal or agency interest of the proposed conservator that maybe perceived as self-serving or adverse to the position or best interest of theproposed conservatee, and if the suggested ancillary conservator is undercontract with the Kansas guardianship program, that fact;
(10) if the petitioner suggests the appointment of co-ancillary conservators,a statement of the reasons why such appointment is sought andwhether the petitioner suggests that the co-ancillary conservators, ifappointed, should be able to act independently or whether theyshould be requiredto act only in concert or only in concert with regard to specified matters; and
(11) a request that the court make a determination that the proposedconservatee is a person in need of an ancillary conservator, that the courtenter one or more of the orders provided for inK.S.A. 59-3063 and 59-3065, and amendments thereto, and that thecourt appoint anancillary conservator for the proposed conservatee in this state.
(c) The petition shall be accompanied by a duly authenticated copy of theorder 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 require thatsuch petition beaccompanied by, a proposed conservatorship plan as provided for inK.S.A. 59-3079,and amendments thereto.
History: L. 2002, ch. 114, § 13;L. 2008, ch. 64, § 7; July 1.