59-3063. Mandatory preliminary orders; trial; notice.
59-3063
59-3063. Mandatory preliminary orders; trial;notice.(a) Upon thefiling of a petition as provided for inK.S.A. 59-3058, andamendments thereto,allegingthat the proposed ward or proposed conservatee is an adult with an impairmentin need of a guardianor conservator, or both, or as provided for inK.S.A. 59-3060, andamendmentsthereto, alleging thatthe proposed ward or proposed conservatee is a minor with an impairment in needof a guardian orconservator, or both, the districtcourt shall issue the following:
(1) An order fixing the date, time and place of thetrial on the petition. Such trial,in the court's discretion, may be conducted in a courtroom, a treatmentfacility or at some othersuitable place. The time fixed in the order shall in no event be earlier thanseven daysor later than 21 days after the date of the filing of the petition. If ademand for a trial by jury is filed pursuant to subsection (b) ofK.S.A. 59-3067,andamendments thereto, by the proposedward or proposedconservatee, the court may continue the trial and fix a new time and place ofthe trial at a timebeyond the 21 days but within a reasonable time not to exceed 30 days from thedate of the filing ofthe demand.
(2) An order requiring that the proposed ward or proposed conservatee appearat the time andplace of the trial unless the court makes a finding prior to the trial thatthepresence of the proposed ward or proposed conservatee will be injurious tothe person's health orwelfare, or that the proposed ward's or proposedconservatee's impairment is such that the person could not meaningfullyparticipate in theproceedings, or that the proposed ward or proposed conservatee has filed withthe court a writtenwaiver of such person's right to appear in person. In any such case, the courtshall enter in the recordof the proceedings the facts upon which the court has found that the presenceof the proposed wardor proposed conservatee at the trial should beexcused. Notwithstanding the foregoing provisions of this subsection, ifthe proposed ward orproposed conservatee files with the court at least one day prior to the date ofthe trial a writtennotice stating the person's desire to be present at the trial, the court shallorder that the proposed ward or proposed conservatee mustbe present at the trial.
(3) An order appointing an attorney to represent the proposed ward orproposed conservatee.The court shall give preference, inthe appointment of thisattorney, to any attorney who has represented the proposed ward or proposedconservatee in other matters if the court has knowledge ofthat prior representation, or to an attorneywhom the proposed ward or proposed conservatee has requested. Theproposed ward or proposedconservatee, if an adult, shall have the right to engage an attorney of theproposed ward's orproposed conservatee's own choice and, in such case, the attorney appointed bythe court shall berelieved of all duties. Any appointment made by the court shall terminate upona final determinationof the petition and any appeal therefrom, unless the court continues theappointment by further order.Thereafter, an attorney may be appointed by the court if requested, in writing,by the ward,conservatee, guardian or conservator, or upon the court's own motion.
(4) An order fixing the date, time and a place that is in the best interestsofthe proposed ward or proposedconservatee, at which the proposed ward or proposed conservatee shall have theopportunity toconsult with the court appointed attorney. This consultation shall be scheduledto occurnot later than five days prior to the scheduled trial on the petition, providedthat if an examinationand evaluation as provided for inK.S.A. 59-3064, and amendmentsthereto, isordered, then thisconsultation shall be scheduled to occur prior to the time at which thatexamination and evaluation is scheduled to occur.
(5) A notice as provided for inK.S.A. 59-3066,and amendments thereto.
(6) An order for an examination and evaluation asprovided for inK.S.A. 59-3064, and amendments thereto. If thepetition isaccompanied by a report of anexamination and evaluationof the proposed ward or proposed conservatee, as provided for in K.S.A. 59-3058 or 59-3060, andamendments thereto, and the court determines that such report meets therequirements ofK.S.A. 59-3064,and amendments thereto, the court may determine that no additionalexamination orevaluation is required and that none shall be ordered unless requested by theproposed ward orproposed conservatee pursuant to subsection (d) ofK.S.A. 59-3064,andamendments thereto.
(b) Upon the filing of a petition as provided for inK.S.A. 59-3059, andamendmentsthereto, alleging that the proposed ward or proposed conservatee is a minorin need ofa guardian or conservator, or both, the court shall issue an order fixingthe date, time and place ofthe trial on the petition. If the petition is filed onbehalf of the minor by the minor'snatural guardian, the time of thehearing designated in the order maybe forthwith and without notice. In all other cases the trial shall be held noearlierthan seven days or later than 21 days after the date of thefiling of the petition, unless those persons or agencies entitled to noticepursuant to subsection (d) ofK.S.A. 59-3066, andamendments thereto, haveentered their appearances, waived notice and consented to the appointment ofthe suggested guardianor conservator, or both, in which case the trial may be held forthwith andwithout notice.
(c) Upon the filing of a petition as provided for inK.S.A. 59-3061, andamendments thereto,alleging that the proposed ward or proposed conservatee is a person who hasbeen previouslyadjudged as impaired in another state, the court shall issue an order fixingthe date, time and placeof the trial on the petition, which trial shall be held no earlier than sevendays or later than 21 daysafter the date of the filing of the petition, unless those persons or agenciesentitled to notice pursuantto subsection (f) ofK.S.A. 59-3066, and amendments thereto, haveentered theirappearances, waived notice, agreedto the court's accepting jurisdiction of the case if transferred from the otherstate, and consented to the appointment in Kansas of the suggested guardian orconservator, or both, in which casethe trialmay be held forthwith and without notice.
(d) Upon the filing of a petition as provided for inK.S.A. 59-3062, andamendments thereto, alleging that the proposed conservatee is a person inneed of an ancillary conservatorand requesting the appointmentof an ancillary conservator in Kansas, the court shall issuean order fixing the date, time and place of the trialon the petition, which trialshall be held no earlier than seven days or later than 21 days after thedate of the filing of the petition,unless those persons or agencies entitled to notice pursuant to subsection (e)ofK.S.A. 59-3066, and amendmentsthereto, have entered their appearances, waived notice and consented to theappointment in Kansasof the suggested ancillary conservator, in which case the trial may be heldforthwith andwithout notice.
History: L. 2002, ch. 114, § 14; July 1.