59-3083. Reports and accountings.
59-3083
59-3083. Reports and accountings.(a) The guardian or conservator appointed by the court pursuant toeither K.S.A. 59-3057 or 59-3067, and amendments thereto,annually, and at other times as the court may specify, shall file with thecourt, in such form as the supreme court may require by rule, or in the absenceof such rule or in supplement thereto, as the court may require, reports andaccountings concerning the status of the ward or conservatee, the estate of theward or conservatee, and the actions of the guardian or conservator.
(b) The guardian or conservator, or both, shall file a special report oraccounting with the court upon the occurrence of any of the following:
(1) A change of address of the guardian or conservator;
(2) a change of residence or placement of the ward or conservatee;
(3) a significant change in the health or impairment of the ward orconservatee;
(4) the acquisition by the ward of any real property, or the receipt oraccumulation of other property or income by the ward or by the guardian onbehalf of the ward, which causes the total value of the ward's estate to equalor exceed $10,000;
(5) the death of the ward or conservatee; or
(6) a change in the circumstances of the guardian, conservator, ward orconservatee that may constitute a conflict of interest. A conflict of interestoccurs where the guardian or conservator has some personal or agency interestthat could be perceived as self-serving or adverse to the position or bestinterest of the ward or conservatee.
(c) Upon the death of the guardian or conservator, or upon the guardian orconservator being adjudged in this state to be an adult with an impairment inneed of a guardian or a conservator, or both, or being similarly adjudged inany other state, a representative on behalf of the guardian or conservator, asthe court may allow, shall file a final report or accounting on behalf of thatguardian or conservator.
(d) If the guardian or conservator is under contract with the Kansasguardianship program, the court shall order that the guardian or conservatorfile with the Kansas guardianship program a copy of each report or accountingfiled with the court.
(e) At the termination of the guardianship, or upon the resignation,impairment, death or removal of the guardian, the guardian or a representativeon behalf of the guardian, as the court may allow, shall file with the court afinal report concerning the status of the ward and of the actions andrecommendations of the guardian.
(f) At the termination of the conservatorship, or upon the resignation,impairment, death or removal of the conservator, the conservator or arepresentative on behalf of the conservator, as the court may allow, shall filewith the court a final report and accounting concerning the status of theconservatee, of the conservatee's estate, and of the actions andrecommendations of the conservator. The conservator, the conservator's estateand the conservator's surety shall not be finally discharged until such finalreport and accounting is filed, and the accounting allowed and settled asprovided for in K.S.A. 59-3086, and amendments thereto. The conservator'ssurety, in the surety's discretion, may file any report or accounting it deemsappropriate, or perform the duties of the conservator upon the resignation,death, impairment or removal of the conservator, subject to the authority ofthe standby conservator, if a standby conservator has been appointed by thecourt pursuant to K.S.A. 59-3074, and amendments thereto.
History: L. 2002, ch. 114, § 34;L. 2006, ch. 29, § 1;L. 2008, ch. 64, § 10; July 1.