59-3066. Notice; contents; service.
59-3066
59-3066. Notice; contents; service.(a) The notice required by subsection (a)(5) of K.S.A. 59-3063,and amendments thereto, and any notice which the court may requirepursuant to K.S.A. 59-3065, and amendments thereto, shall state:
(1) That a petition has been filed alleging that theproposed ward or proposedconservatee is either an adult with an impairmentin need of a guardian orconservator, or both, or a minor in need of a guardian or conservator,or both, or a minor with animpairment in need of a guardian or conservator, or both, or a person who hasbeen previouslyadjudged as impaired in another state, or a person in need of an ancillaryconservator, and requestingthe appointment of a guardian or aconservator, or both, or an ancillaryconservator in this state;
(2) the date, time and place when the trial upon the petition shall be held;
(3) whether the proposed ward or proposed conservatee has been ordered toappear at thistrial, or whether the court has made any finding which excuses the presence ofthe proposed wardor proposed conservatee at the trial;
(4) whether any attorney has been appointed by the court torepresent the proposed ward or proposed conservatee, and if so, the name ofthat attorney and thedate, time and place where the proposed ward or proposed conservateeshall have the opportunityto consult with that attorney;
(5) whether the court has entered any order appointing a temporary guardianor a temporaryconservator, or both, or a temporary ancillary conservator, and if so, the nameand address of thisindividual or corporation;
(6) that if the court has appointed a temporary guardian or a temporaryconservator, or both, or a temporary ancillary conservator, that the proposedward or proposed conservatee, or certainothers, may request a hearing upon that appointment if that request is made inwriting and filed withthe court not later than the third day following the entry of the ex parteorder appointing a temporaryguardian or temporary conservator, or both, or a temporary ancillaryconservator, or of the serviceof that order upon the proposed ward or proposed conservatee, if later;
(7) the name and address of the individual or corporation whom the petitionerhas suggestedthat the court appoint as the guardian or the conservator, or both, or as theancillary conservator;
(8) that the proposed ward or proposed conservatee, if alleged to be anadult with an impairment in need of a guardian or a conservator, or both, has aright to demand a jury trial by filing a written request for such with thecourt at least four days priorto the date of the trial; and
(9) that if the proposed ward or proposed conservatee demands a jurytrial, that the trial mayhave to be continued by the court for a reasonable time in order to empanel ajury, but that thiscontinuance will not exceed 30 days from the date of the filing of thedemand.
(b) The court may order any of the following personsto serve the notice upon theproposed ward or proposed conservatee:
(1) The petitioner or the attorney for the petitioner;
(2) the attorney appointed by the court to represent the proposed ward orproposedconservatee;
(3) any law enforcement officer; or
(4) any other person whom the court finds to bea proper person to serve this notice.
(c) If the proposed ward or proposed conservatee is alleged to be an adultwith animpairment in need of a guardian or conservator, or both:
(1) This notice shall be personally served on the proposed ward or proposedconservatee as soon as possible, but in no case later than 10 days prior tothe date of the trial andimmediate return thereof shall be made to the court by the person serving thisnotice. If the proposedward or proposed conservatee cannot be personally served with this noticewithin Kansas, the courtshall direct how this notice shall be served upon the proposed ward or proposedconservatee.
(2) This notice shall be served on the attorney of the proposed ward orproposed conservateeas soon as possible, but in no case later than 10 days prior to thedate of thetrial and immediate return thereof shall be made to the court by the personserving thisnotice.
(3) The court may order that acopy ofthis notice shall be served on such other persons as the court determines andin such manner as thecourt directs.
(d) If the proposed ward or proposed conservatee is alleged to be a minor inneed of aguardian or conservator, or both, or a minor with an impairment in need of aguardian or conservator,or both:
(1) This notice shall be served on the attorney appointed by the court torepresent the minor,if one has been appointed, and on those persons and agencies, if any, requiredto be named by thepetitioner pursuant to either subsection (b)(6) of K.S.A. 59-3059,and amendmentsthereto,or subsection (b)(6) of K.S.A. 59-3060, and amendments thereto, assoon aspossible, but in nocase later than 10 days prior to the date of the trial and immediate returnthereof shall be made to thecourt by the person serving this notice.
(2) The court may order that a copy of this notice shall be served on suchother persons,including the minor, as the court determines and in such manner as the courtdirects.
(e) If the proposed ward or proposed conservatee is alleged to be a personwho has beenpreviously adjudged as impaired in another state:
(1) This notice shall be served on the attorney appointed by the court torepresent theproposed ward or proposed conservatee, if one has been appointed, and on thosepersons andagencies, if any, required to be named by the petitioner pursuant tosubsections(b)(6) and (b)(7) of K.S.A. 59-3061, and amendments thereto, as soonas possible,but in no case later than 10 days prior to the date of thetrial and immediate return thereof shall be made to the court by the personserving this notice.
(2) The court may order that a copy of this notice shall be served on suchother persons, including the proposed ward or proposed conservatee, as thecourt determines and in such manneras the court directs.
(f) If the proposed conservatee is alleged to be a person in need of anancillary conservator:
(1) This notice shall be served on the attorney appointed by the court torepresent theproposed conservatee, if one has been appointed, and on those persons andagencies, if any, requiredto be named by the petitioner pursuant to subsections (b)(5) and (b)(6)of K.S.A. 59-3062, and amendmentsthereto as soon as possible, but in no case later than 10 days prior to thedate of the trial andimmediate return thereof shall be made to the court by the person serving thisnotice.
(2) The court may order that a copy of this notice shall be served on suchother persons,including the proposed conservatee, as the court determines and in such manneras the court directs.
(g) If the proposed ward or proposed conservatee is a patient in anypsychiatric hospital, thisnotice also shall be served on the head of that hospital.
History: L. 2002, ch. 114, § 17; July 1.