59-3085. Court review of conservator's report; hearing.
59-3085
59-3085. Court review of conservator's report;hearing.(a) Upon the filing of a report or accounting by theconservator pursuant toK.S.A. 59-3083, and amendmentsthereto, the court or a designee of the court shall review the report oraccounting, the court's priororders, any conservatorship plan which has been filed with the court pursuanttoK.S.A. 59-3079, and amendments thereto, and which remains ineffect, and anyreports andaccountings which theconservator has previously filed, to determine whether:
(1) The current report or accounting reflects reasonable administration ofthe conservatorship;
(2) the conservator is performing assigned duties and responsibilities, orexercising grantedpowers and authorities, in a manner consistent with the prior orders of thecourt and with anyconservatorship plan in effect;
(3) additional duties, responsibilities, powers or authorities should begranted to theconservator, or limitations should be made with regard thereto, or othermodifications should bemade within the conservatorship to protect the interests of the conservatee orthe conservatee'sestate; or
(4) further proceedings as provided for in this act may be appropriate.
(b) Upon the filing of any report or accounting, or based upon otherinformation which comesto the court's attention concerning matters contained within the report oraccounting or which shouldbe contained within the report or accounting, the court may set a hearing uponthe matter and mayrequire the conservator to appear before the court. The court may require theconservator to givenotice of this hearing to such persons and in such manner as the court maydirect. The court mayappoint an attorney to represent the conservatee in this matter similarly asprovided for in subsection(a)(3) ofK.S.A. 59-3063, and amendments thereto. The court mayrequire theconservator, and may allow theconservatee, the guardian, if a guardian has been appointed, and otherinterested persons, to presentevidence concerning the actions of the conservator or the recommendations ofsuch persons.
(c) At the conclusion of the court's review of the conservator's report oraccounting, orfollowing any hearing held as provided for in subsection (b), the court shallissue an order eitherapproving or disapproving the conservator's report or accepting or rejectingthe conservator'saccounting. The court within its order may grant to or withdraw from theconservator specifiedduties, responsibilities, powers or authorities as provided for inK.S.A. 59-3078,and amendmentsthereto, may specifically order the conservator with regard to the performanceof assigned duties,responsibilities, powers or authorities, including requiring the conservator tofile an amended reportor accounting, may require the conservator to develop and file with the court aconservatorship planas provided for inK.S.A. 59-3079, and amendments thereto, or thecourt may proceedpursuant toK.S.A. 59-3088, and amendments thereto, to remove the conservatorand to appoint asuccessorconservator, or the court may proceed pursuant toK.S.A. 59-3090 or59-3091, andamendmentsthereto, to restore the conservatee to capacity or terminate theconservatorship.
(d) No order issued pursuant to this section shall be construed to havefinally allowed or settled any conservator's accounting, except if proceedingshave been held in compliance withK.S.A. 59-3086, and amendments thereto.
History: L. 2002, ch. 114, § 36; July 1.