59-3064. Order for examination for evaluation.
59-3064
59-3064. Order for examination forevaluation.(a) Upon the filingof a petition as provided for inK.S.A. 59-3058, and amendmentsthereto,alleging that the proposedward or proposed conservatee is an adult with an impairment in need of aguardian or conservator,or both, or as provided for inK.S.A. 59-3060, and amendmentsthereto, allegingthat the proposed ward or proposed conservatee is a minor with an impairment inneed of a guardian or conservator,or both, the court shall order the proposed ward or proposed conservatee tosubmit toan examination and evaluationto be conducted through a generalhospital, psychiatric hospital, community mental healthcenter, community developmental disability organization,or by a private physician, psychiatrist, psychologist or other professionalappointedby the court who is qualified to evaluate the proposed ward's or proposedconservatee's allegedimpairment. The order shall be served in the manner provided forinK.S.A. 59-3066, andamendments thereto, and may be served at the same time or after the noticeprovided for therein.
(b) Unless otherwise specified by the court, the report of the examinationand evaluationsubmitted to the court shall contain:
(1) The proposed ward's or proposed conservatee's name, age and date ofbirth;
(2) a description of the proposed ward's or proposed conservatee's physicaland mentalcondition;
(3) a description of the nature and extent of the proposed ward's or proposedconservatee'scognitive and functional abilities and limitations, including adaptivebehaviors and social skills, and,as appropriate, educational and developmental potential;
(4) a prognosis for any improvement and, as appropriate, any recommendationfor treatmentor rehabilitation;
(5) a list and description of any prior assessments, evaluations orexaminations of theproposed ward or proposed conservatee, including the dates thereof, which wererelied upon in thepreparation of this evaluation;
(6) the date and location where this examination and evaluation occurred, andthe name ornames of the professional or professionals performing the examination andevaluation and such professional'squalifications;
(7) a statement by the professional that the professional has personallycompleted an independentexamination and evaluation of the proposed ward or proposed conservatee, or bya professional onbehalf of the professionals who have together completed an independentexamination and evaluationof the proposed ward or proposed conservatee that they have done so, and thatthe report submittedto the court contains the results of that examination and evaluation, and theprofessional's orprofessionals' opinion with regard to the issues of whether or not the proposedward or proposedconservatee is an adult or a minor with an impairment who may be in need of aguardian or conservator, or both,and, if ascertainable, whether it would be injurious to the proposed ward orproposed conservateeto be required to be present at the trial on the petition, or whether theproposed ward or proposedconservatee could meaningfully participate in those proceedings; and
(8) the signature of the professional who prepared the report.
(c) The professional shall file with the court, atleast five days prior to the date of the trial, such professional's writtenreport concerning theexamination and evaluation ordered bythe court. The report shall be made available by the courttocounsel forall parties.
(d) In lieu of entering an order for an examination and evaluation asprovided for herein, thecourt may determine that the report accompanying the petition as provided forin subsection (c) ofK.S.A. 59-3058 or subsection (c) ofK.S.A. 59-3060,andamendments thereto, is in compliance with the requirementsof this section andthat no further examination or evaluation should be required, unless theproposed ward or proposedconservatee, or such person's attorney, requests such an examination andevaluation in writing. Anysuch request shall be filed with the court, and a copy thereof delivered to thepetitioner, at least fourdays prior to the date of the trial. Accompanying the request shall be astatement of the reasons whyan examination and evaluation is requested and the name and address of aqualified professional orfacility willing and able to conduct this examination and evaluation. If thecourt orders a furtherexamination and evaluation, the court may continue the trial and fix a newdate, time and place ofthe trial at a time not to exceed 30 days from the date of the filing of therequest.
History: L. 2002, ch. 114, § 15; July 1.