59-3074. Standby guardian; standby conservator; petition; appointment; oath; bond; authority; reports.
59-3074
59-3074. Standby guardian; standby conservator;petition; appointment; oath; bond; authority; reports.(a) Any person may file at any time after the filing of thepetitionprovided for inK.S.A. 59-3058, 59-3059, 59-3060 or 59-3061, andamendments thereto, inaddition to that original petition, or as a part thereof, or at any time afterthe appointment of aguardian or a conservator as provided for inK.S.A. 59-3067, andamendmentsthereto, a verifiedpetition requesting the appointment of a standby guardian or a standbyconservator, or both. Thepetition shall include:
(1) The petitioner's name and address, and if the petitioner is the ward's orconservatee'scourt appointed guardian or conservator, that fact;
(2) the proposed ward's, ward's, proposed conservatee's or conservatee'sname, age, date ofbirth, address of permanent residence, and present address or whereabouts, ifdifferent from theproposed ward's, ward's, proposed conservatee's or conservatee's permanentresidence;
(3) the name and address of the ward's or conservatee's court appointedguardian orconservator, if different from the petitioner;
(4) the factual basis upon which the petitioner alleges the need for astandby guardian or standby conservator, or both, or that it would be in thebest interests of the proposed ward, ward,proposed conservatee or conservatee to have the court appoint a standbyguardian or standbyconservator, or both;
(5) the names and addresses of witnesses by whom the truth of this petitionmay be proved;
(6) the name, address and relationship to the proposed ward, ward, proposedconservatee orconservatee, if any, of the individual or corporation whom the petitionersuggests that the courtappoint as the standby guardian or standby conservator, and if the suggestedstandby guardian orconservator is under contract with the Kansas guardianship program, that fact;and
(7) a request that the court make a determination that there is a need forthe court to appointa standby guardian or a standby conservator, or both, or that it would be inthe best interests of theproposed ward, ward, proposed conservatee or conservatee for the court toappoint a standbyguardian or standby conservator, or both, and that the court make suchappointment.
(b) When the court appoints either an individual or a corporation as aguardian or aconservator, or both, the court may appoint an additional individual orcorporation as the standbyguardian or standby conservator, or both. Such standby guardian or conservatorshall be selected inaccordance with the provisions ofK.S.A. 59-3068, and amendmentsthereto.
(c) If the court appoints a standby guardian, the court shall require thatthe individual or arepresentative on behalf of the corporation file with the court an oath oraffirmation as required byK.S.A. 59-1702, and amendments thereto, and upon the filing of such oath oraffirmation, the courtmay issue letters of authority to the standby guardian.
(d) If the court appoints a standby conservator, the court shall require thatthe individual ora representative on behalf of the corporation file with the court a bond insuch amount and with such surety as the court shall specify, and upon thefiling of such bond, if required, the court mayissueletters of authority to the standby conservator.
(e) A standby guardian shall have the authority and responsibility to assumethe duties,responsibilities, powers and authorities assigned to the guardian upon thetemporary absence orimpairment of the guardian, or the resignation or death of the guardian.Within 10 days of suchassumption, the standby guardian shall file with the court a written notice ofthat fact and a writtenreport of the circumstances which caused the standby guardian to have assumedthose duties,responsibilities, powers and authorities. The report shall specify whethersuch assumption isintended to be only temporary and the date by which it is expected that theguardian shall be able toreassume such duties, responsibilities, powers and authorities, or that theguardian is thought to bepermanently unable to reassume such duties, responsibilities, powers andauthorities. This noticeand report may be accompanied by or include a petition pursuant toK.S.A. 59-3088,andamendments thereto, requesting the appointment of a successor guardian.
(f) A standby conservator shall have the authority and responsibility toassume the duties,responsibilities, powers and authorities assigned to the conservator upon thetemporary absence orimpairment of the conservator, or the resignation or death of the conservator,only if the standbyconservator shall file with the court a written notice of temporary absence,impairment, resignationor death of the conservator. The notice shall specify if the absence orimpairment of the conservatoris expected to be only temporary, the date by which it is expected that theconservator shall be ableto reassume such duties, responsibilities, powers and authorities, and thereasons why the standbyconservator believes it is necessary for the standby conservator to assume theduties, responsibilities,powers and authorities of the conservator. Otherwise, the notice shall advisethe court that proceedings pursuant toK.S.A. 59-3088, andamendments thereto, toappoint a successorconservator are required, or the notice may be accompanied by or include apetition requesting theappointment of a successor conservator. Upon receipt of such notice, the courtmay specify a bondthat the standby conservator shall file with the court before assuming suchduties, responsibilities,powers and authorities, or may authorize the standby conservator to assume suchof the conservator'sduties, responsibilities, powers and authorities as the court shall specify.
(g) Upon receipt of a notice as provided for in subsection (e) or (f), thecourt may set ahearing to review the circumstances of the ward or conservatee as provided forinK.S.A. 59-3084 or 59-3085, and amendments thereto, or mayotherwise proceed pursuanttoK.S.A. 59-3088, andamendments thereto, to remove the guardian or conservator, or both, and toappoint a successorguardian or conservator, or both.
(h) If before proceedings pursuant toK.S.A. 59-3088, andamendments thereto,to removethe guardian or conservator, or both, or to appoint a successor guardian orconservator, or both, havebeen commenced, the guardian or conservator is able to reassume the duties,responsibilities, powersand authorities of such appointment, the guardian or conservator, or both,shall so notify the court,in writing, of that reassumption and appropriately shall report to the courtwithin the next scheduledreport or accounting as required pursuant toK.S.A. 59-3083, andamendmentsthereto. Such reportor accounting may include or attach a report or accounting of the standbyguardian or standbyconservator.
History: L. 2002, ch. 114, § 25; July 1.