An Act concerning the Kansas guardianship program; relating to the probate code; amend- ing K.S.A. 59-3009, 59-3014 and 59-3029 and K.S.A. 1995 Supp. 74-9602 and 74-9604 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 59-3009 is hereby amended to read as follows: 59- 3009. Any person may file in the district court of the county of the resi- dence or presence of the proposed ward a verified petition for the ap- pointment of a guardian. Any person may file in the district court of the county of the residence of the proposed conservatee a verified petition for the appointment of a conservator. If the proposed conservatee resides without the state, such petition may be filed in any county in which any of the property of the proposed conservatee is situated.

(a) If the proposed ward or proposed conservatee is alleged to be a disabled person the petition shall state:

(1) The petitioner's belief that the proposed ward or proposed con- servatee is a disabled person;

(2) the name, age, residence and present address of the proposed ward or proposed conservatee, if known to the petitioner;

(3) the name and address of the nearest relatives of the proposed ward or proposed conservatee, if known to the petitioner and if not known, that the petitioner has made diligent inquiry to learn the name of such relatives;

(4) the general character and probable value of the real and personal property, including the amount and sources of income, of the proposed ward or proposed conservatee, if known to the petitioner;

(5) the name and address of the person, if any, having custody and control of the proposed ward or proposed conservatee, if known to the petitioner;

(6) the names and addresses of witnesses by whom the truth of the petition may be proved;

(7) the reasons for the need of the appointment of a guardian or conservator, or both;

(8) a request that the court make a determination that the proposed ward or proposed conservatee is a disabled person, make one or more of the orders provided for in K.S.A. 59-3010 and 59-3011 and amendments thereto, and appoint a guardian or conservator, or both; and

(9) the name, address, and relationship to the proposed ward or pro- posed conservatee, if any, of the person whom the court is requested to appoint as a guardian or as a conservator. If a proposed conservator is under contract with the agency designated as the developmental disabil- ities protection and advocacy agency pursuant to public law 94-103, as amended Kansas guardianship program, the application for appointment of guardian or conservator shall so state. Any such petition may be ac- companied, or the court may require that such petition be accompanied by a statement in writing of a physician or psychologist stating that the physician or psychologist has examined the proposed ward or proposed conservatee and the results of the examination on the issue of whether the proposed ward or proposed conservatee is a disabled person or the court may allow such petition to be accompanied by a verified statement by the petitioner that the proposed ward or proposed conservatee has refused to submit to an examination by a physician or psychologist.

(b) If the proposed ward or proposed conservatee is alleged to be a minor the petition shall state:

(1) The proposed ward or proposed conservatee is a minor;

(2) the name, age, residence and present address of the proposed ward or proposed conservatee, if known to the petitioner;

(3) the name and address of the natural guardian, guardian, conser- vator and custodian, if any, of the proposed ward or proposed conservatee, if known to the petitioner, and if not known that the petitioner has made diligent inquiry to learn their names;

(4) the general character and probable value of the real and personal property, including the amount and sources of income, of the proposed ward or proposed conservatee, if known to the petitioner;

(5) the names and addresses of witnesses by whom the truth of the petition may be proved;

(6) the reasons for the need for the appointment of a guardian or conservator, or both;

(7) a request that the court make a determination that the proposed ward or proposed conservatee is a minor, make one or more of the orders provided for by K.S.A. 59-3010 and 59-3011 and amendments thereto, and appoint a guardian or a conservator, or both; and

(8) the name, address, and relationship to the proposed ward or pro- posed conservatee, if any, of the person whom the court is requested to appoint as a guardian or as a conservator.

(c) If the proposed conservatee has been duly adjudged an incapac- itated person, a disabled person, an insane person or an incompetent person by any court of competent jurisdiction in any other state and a domiciliary conservator or guardian for the estate of such person has been appointed, a duly authenticated transcript of such adjudication and ap- pointment shall be prima facie evidence of such incapacity and may be relied upon for the appointment of an ancillary conservator in this state. Such authenticated transcript shall be attached to the petition which shall state:

(1) That the proposed conservatee has been duly adjudged an inca- pacitated person, a disabled person, an insane person or an incompetent person by a court of competent jurisdiction of another state and a dom- iciliary conservator or guardian for such conservatee's estate has been appointed, which adjudication and appointment are still in full force and effect;

(2) the name, age, residence and present address of the proposed conservatee, if known to the petitioner;

(3) the name and address of the nearest relatives of the proposed conservatee, if known to the petitioner and if not known, that the peti- tioner has made diligent inquiry to learn the name of such relatives;

(4) the location and value of Kansas property for which an ancillary conservatorship is needed;

(5) the name and address of the person, if any, having custody and control of the proposed conservatee, if known to the petitioner;

(6) the reasons for the need for the appointment of an ancillary con- servator; and

(7) a request that the court appoint an ancillary conservator as pro- vided in subsection (c) of K.S.A. 59-3010 and amendments thereto.

Sec. 2. K.S.A. 59-3014 is hereby amended to read as follows: 59- 3014. (a) Subject to K.S.A. 59-3004, and amendments thereto, the court in appointing a suitable guardian or conservator shall give priority in the following order:

(1) To the nominee of a minor over the age of 14 years who is not a disabled person;

(2) to the nominee of a natural guardian.

(b) The court shall consider the workload and capabilities of the pro- posed guardian or conservator, or both, before making such appointment, and the court shall give particular attention in making such appointment to all cases in which the proposed guardian or conservator, or both, other than a corporation, is serving as guardian or conservator, or both, for 15 or more wards or conservatees, or both.

(c) Subject to K.S.A. 59-3004, and amendments thereto, in appoint- ing a suitable guardian for a person who is an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing, the court shall consider, but shall not be limited to, the appointment of a person as guardian who is sympathetic to and will support such system of healing.

(d) Upon the filing of an oath according to law, letters of guardianship shall be granted. If the court, pursuant to K.S.A. 59-3013 and amend- ments thereto, has made a finding that a disabled person is able to and should be permitted to make some decisions which affect the person, a guardian shall be appointed and ``Letters of Limited Guardianship'' shall specify which of the powers and duties of a guardian shall be assigned to the limited guardian. If the court, pursuant to K.S.A. 59-3013 and amend- ments thereto, has made a finding that a disabled person is unable to, and should not be permitted to, make any decisions which will affect the person of the disabled person, or if the ward is a minor, a guardian shall be appointed and the guardian shall be possessed of all the powers and duties of a guardian as set out in K.S.A. 59-3018 and amendments thereto. Upon the filing of a bond in such an amount as the court may direct and an oath according to law, letters of conservatorship shall be granted. The secretary of social and rehabilitation services, in the secretary's official capacity, shall be appointed by the court to act as surety on the bond of any conservator providing advocacy services to a conservatee under con- tract with the agency designated as the developmental disabilities protec- tion and advocacy agency pursuant to public law 94-103, as amended Kansas guardianship program. The court shall send a certified copy of the order appointing a conservator who is providing advocacy services under contract with such agency the Kansas guardianship program to the secretary. If the court, pursuant to K.S.A. 59-3013 and amendments thereto has made a finding that a disabled person is able to and should be permitted to make some decisions which affect the person's property, a limited conservator shall be appointed and the ``Letters of Limited Con- servatorship'' shall specify which of the powers and duties of a conservator shall be assigned to the limited conservator. If the court, pursuant to K.S.A. 59-3013 and amendments thereto, has made a finding that the disabled person is unable to make any decisions which affect the property of the disabled person, or the ward is a minor, a conservator shall be possessed of all powers and duties of a conservator as set out in K.S.A. 59-3019 and amendments thereto. If there is no property, the court may waive the filing of a bond, but if the conservator receives or becomes entitled to any property, the conservator shall immediately file a report thereof and a bond in such amount as the court may direct. If the guardian or conservator appointed is the one named by a testator or settlor under the provisions of K.S.A. 59-3004, and amendments thereto and the tes- tator or settlor has provided by will that no bond be required of such guardian or conservator, then no bond shall be required, unless the court shall otherwise direct.

(e) If the guardian dies, resigns or is removed, the court, after notice to the ward as the court directs, shall appoint a successor selected in accordance with this section unless the guardianship is terminated or a guardian is serving on a standby basis under subsection (c) of K.S.A. 59- 3036, and amendments thereto. If a guardian is serving on a standby basis under subsection (c) of K.S.A. 59-3036, and amendments thereto, the court shall appoint a successor selected in accordance with this section upon the conclusion of the proceedings under K.S.A. 59-3029, and amendments thereto. If the conservator dies, resigns or is removed, the court, after notice to the conservatee as the court directs, shall appoint a successor selected in accordance with this section unless the conserva- torship is terminated.

Sec. 3. K.S.A. 59-3029 is hereby amended to read as follows: 59- 3029. (a) Except when expressly waived by the court, every guardian shall file annually with the court, on a form prescribed for this purpose by rule of the supreme court, a report on the condition of the guardian's ward and of the estate which has been subject to the possession and control of the guardian. The supreme court may require by rule that other matters relating to guardianship be contained in the report. At the termination of the guardianship or upon the guardian's removal or resignation, the guardian or the guardian's personal representative, in the event of the guardian's death or incapacity, shall file with the court a final report the contents of which shall be prescribed by rule of the supreme court on a form prescribed for this purpose by rule of the supreme court.

(b) Every conservator shall annually present on a form prescribed for this purpose by rule of the supreme court a verified account covering the period from the date of appointment or the last account. Every conser- vator who is providing advocacy services to a conservatee under contract with the agency designated as the developmental disabilities protection and advocacy agency pursuant to public law 94-103, as amended, Kansas guardianship program and for whom the secretary of social and rehabil- itation services has been appointed by the court to act as surety on such conservator's bond, shall also file with the secretary a copy of the annual report required by this subsection. The supreme court may require by rule that other matters relating to conservatorship be contained in the report. At the termination of the conservatorship or upon the conserva- tor's removal or resignation, the conservator or the conservator's personal representative, in the event of the conservator's death or incapacity, shall present a verified final account with a petition for the settlement and allowance thereof. The contents of the final account shall be prescribed by rule of the supreme court on a form prescribed for this purpose by rule of the supreme court. The conservator or the conservator's estate shall not be discharged from liability until such account is presented, settled and allowed. A conservator's surety, in such surety's discretion, may perform the duties required of a conservator pursuant to this section in the event the conservator or the conservator's personal representative fails to perform such duties.

Sec. 4. K.S.A. 1995 Supp. 74-9602 is hereby amended to read as follows: 74-9602. It is the intent of the legislature that a nonprofit cor- poration be organized to provide a means to recruit volunteers to serve as court appointed guardians or conservators, or both, of adults who are found by the court to be in need of this level of protection.

A goal of the corporation The goal of the program is to provide that qualified, caring, willing and trained persons are available throughout the state to serve as court appointed guardians or conservators, or both, for those eligible disabled persons in need of this level of protection and advocacy, and for non-adjudicated persons who elect to have a voluntary conservator and who do not have family members capable of or willing to assume such responsibilities.

Sec. 5. K.S.A. 1995 Supp. 74-9604 is hereby amended to read as follows: 74-9604. (a) The board of directors of the Kansas guardianship program shall consist of seven members as follows:

(1) The chief justice of the supreme court or the chief justice's des- ignee; and

(2) six residents of the state appointed by the governor at least one of whom is serving as a volunteer in the Kansas guardianship program.

(b) Members appointed pursuant to subsection (a) shall have knowl- edge and interest in issues relating to guardianship and conservatorship and the needs of adults adjudicated disabled.

(c) Members of the board of directors appointed pursuant to subsec- tion (a) shall serve for terms of four years, except that the members first appointed by the governor and the chief justice of the supreme court shall serve for terms of two years. Upon the expiration of the terms of the members first appointed by the governor, the governor shall appoint three members to serve for terms of two years and three members to serve for terms of four years. Thereafter, the governor shall appoint members to serve for terms of four years. Any vacancy in a member's term shall be filled by appointment for the unexpired term by the officer who made the original appointment.

(d) The chairperson of the board of directors shall be elected annually by the board from among its members. The board of directors shall meet upon the call of the chairperson.

(e) Members of the board of directors shall serve without pay and no financial benefit shall accrue as a result of membership on the board of directors.

Sec. 6. K.S.A. 59-3009, 59-3014 and 59-3029 and K.S.A. 1995 Supp. 74-9602 and 74-9604 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 29, 1996.