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AN ACT concerning conservators; relating to creation of trusts in certain
  circumstances.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  (a) A conservator, with or without notice, upon the order
of the district court, may transfer property of the conservatee to a trust
created by the conservator for the benefit of the conservatee, if the court
finds:
  (1)  Such transfer will enable the conservatee to qualify for benefits
from any federal, state or local governmental program or will accelerate
such qualification;
  (2)  the conservator is to serve as sole trustee of such trust;
  (3)  the conservatee is the sole beneficiary of such trust during its
term;
  (4)  the term of such trust does not extend beyond the conservatee's
lifetime;
  (5)  the provisions of such trust provide for the distribution of the trust
estate for the benefit of the conservatee to the extent not satisfied from
governmental benefits, in the same manner and under the same circum-
stances the property of the conservatee would have been distributed for
the benefit of the conservatee pursuant to the provisions of article 30 of
chapter 59 of the Kansas statutes annotated and amendments thereto had
such transfer not occurred; and
  (6)  upon the termination of such trust, the provisions of the trust
require the entire trust estate, to the extent not required to be expended
to reimburse governmental entities for benefits provided as a condition
for qualification for such benefits, is to be paid over and assigned to the
conservatorship, should such termination occur during the conservatee's
lifetime, and to the legal representative of the conservatee's estate, should
such termination occur by virtue of the conservatee's death.
  (b)  To the full extent not inconsistent with the provisions of this sec-
tion, any such trust created pursuant to the provisions of this section and
the trustee thereof shall be subject to the provisions of article 30 of chap-
ter 59 of the Kansas statutes annotated and amendments thereto, includ-
ing but not limited to, investment authority, bonding and annual and final
accounting requirements and appointment of successor trustees, in the
same manner such provisions would have applied had the property of the
conservatee not been transferred to such trust.
  Sec. 2.  This act shall take effect and be in force from and after its
publication in the statute book.