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chapter-59•Chapter 59 — Probate Code
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
This act is named and may be cited as the Kansas probate code.
History: L. 1939, ch. 180, § 1; July 1.
As used in the Kansas probate code, unless the context otherwise indicates:
(1) "District court" means judge of the district court when that meaning is necessary to effectuate the general purpose of the provisions of the Kansas probate code.
(2) "Personal representative" includes executors, administrators, administrators with the will annexed, administrators de bonis non, conservators and guardians.
(3) "Fiduciary" includes personal representatives, trustees and surviving partners administering their trusts.
(4) "Person," as applied to fiduciaries, includes banks and other corporations authorized by law to act in a fiduciary capacity in this state.
(5) "Simplified administration" means administration under the Kansas simplified estates act contained in K.S.A. 59-3201 through 59-3206, and amendments thereto.
(6) "Supervised administration" means administration by a personal representative under the Kansas probate code, exclusive of the Kansas simplified estates act, the Kansas informal administration act or refusal to grant letters of administrative procedures.
(7) "Informal administration" means administration under the Kansas informal administration act.
(8) "Valid settlement agreement" means a written and acknowledged instrument which affects the administration or distribution of the estate and which is entered into by all interested heirs, devisees, legatees and persons whose interests are affected by the settlement agreement, all of whom must be competent or authorized to enter into such agreement.
(9) The masculine gender includes the feminine.
(10) The singular number includes the plural.
History: L. 1939, ch. 180, § 2; L. 1965, ch. 346, § 1; L. 1975, ch. 299, § 1; L. 1976, ch. 242, § 1; L. 1985, ch. 191, § 7; L. 1997, ch. 32, § 1; July 1.
(a) Chapter 59 of the Kansas Statutes Annotated may be used:
(1) To admit last wills and testaments to probate.
(2) To grant and revoke letters testamentary and of administration.
(3) To direct and control the official acts of executors and administrators, to settle their accounts, and to order the distribution of estates.
(4) To administer partnership estates as provided in this act.
(5) To determine the heirs, devisees, and legatees of decedents.
(6) To appoint and remove guardians and conservators for minors, voluntary conservatees and incapacitated persons, to make all necessary orders relating to their estates, to direct and control the official acts of such guardians and conservators and to settle their accounts.
(7) To supervise the administration of trusts and powers created by wills admitted to probate, and trusts and powers created by written instruments other than by wills in favor of persons subject to conservatorship; to appoint and remove trustees for such trusts, to make all necessary orders relating to such trust estates, to direct and control the official acts of such trustees, and to settle their accounts.
(8) To appoint and remove trustees of estates of convicts imprisoned in a correctional institution under sentence of imprisonment for life, to make all necessary orders relating to their estates, to direct and control the official acts of such trustees, and to settle their accounts.
(9) To hold hearings respecting mentally ill persons, and to order their referral for treatment.
(b) Every petition to commence an action pursuant to chapter 59 shall state, immediately below the clause showing the name of the court, parties and case docket number, the following: "Petition pursuant to chapter 59 of the Kansas Statutes Annotated."
History: L. 1977, ch. 112, § 17; L. 1982, ch. 234, § 1; L. 1990, ch. 309, § 35; May 24.
(a)
Docket fee.
(1) Except as otherwise provided by law, no case shall be filed or docketed in the district court under the provisions of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, or of articles 40 and 52 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, without payment of an appropriate docket fee as follows:
(2) Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.
(b)
Poverty affidavit in lieu of docket fee and exemptions.
The provisions of K.S.A. 60-2001(b) and K.S.A. 60-2005, and amendments thereto, shall apply to probate docket fees prescribed by this section.
(c)
Disposition of docket fee.
Statutory charges for the law library and for the prosecuting attorneys' training fund shall be paid from the docket fee. The remainder of the docket fee shall be paid to the state treasurer in accordance with K.S.A. 20-362, and amendments thereto.
(d)
Additional court costs.
Other fees and expenses to be assessed as additional court costs shall be approved by the court, unless specifically fixed by statute. Other fees shall include, but not be limited to, witness fees, appraiser fees, fees for service of process outside the state, fees for depositions, transcripts and publication of legal notice, executor or administrator fees, attorney fees, court costs from other courts and any other fees and expenses required by statute. All additional court costs shall be taxed and billed against the parties or estate as directed by the court. No sheriff in this state shall charge any district court in this state a fee or mileage for serving any paper or process.
History: L. 1984, ch. 147, § 1; L. 1992, ch. 128, § 11; L. 1993, ch. 193, § 1; L. 1995, ch. 193, § 13; L. 1996, ch. 234, § 13; L. 2003, ch. 101, § 10; L. 2004, ch. 95, § 3; L. 2006, ch. 195, § 15; L. 2007, ch. 195, § 29; L. 2008, ch. 95, § 11; L. 2009, ch. 116, § 19; L. 2009, ch. 143, § 18; L. 2010, ch. 62, § 13; L. 2011, ch. 87, § 13; L. 2012, ch. 66, § 15; L. 2013, ch. 125, § 15; L. 2014, ch. 82, § 33; L. 2015, ch. 81, § 21; L. 2017, ch. 80, § 17; L. 2019, ch. 58, § 18; July 1.
History: L. 1984, ch. 147, § 1; L. 1992, ch. 128, § 11; L. 1993, ch. 193, § 1; L. 1995, ch. 193, § 13; L. 1996, ch. 234, § 13; L. 2003, ch. 101, § 10; L. 2004, ch. 95, § 3; L. 2006, ch. 215, § 10; Repealed, L. 2007, ch. 195, § 59; July 1.
(a) As used in this section:
(1) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument.
(2) "Divorce or annulment" means any divorce or annulment, or any dissolution or declaration of invalidity of a marriage that would exclude the spouse as a surviving spouse. A decree of separation that does not terminate the parties' marital status is not a divorce for purposes of this section.
(3) "Divorced individual" includes an individual whose marriage has been annulled.
(4) "Governing instrument" means a document executed by the divorced individual before the divorce or annulment of such individual's marriage to such individual's former spouse.
(5) "Relative of the divorced individual's former spouse" means an individual who is related to the divorced individual's former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced individual by blood, adoption or affinity.
(6) "Revocable," with respect to a disposition, appointment, provision or nomination, means one under which the divorced individual, at the time of the divorce or annulment, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of such individual's former spouse or former spouse's relative, whether or not the divorced individual was then empowered to designate such individual's self in place of such individual's former spouse or in place of such individual's former spouse's relative and whether or not the divorced individual then had the capacity to exercise the power.
(7) "Surviving spouse" does not include an individual who:
(A) Is divorced from the decedent or whose marriage to the decedent has been annulled unless, by virtue of a subsequent marriage, such individual is married to the decedent at the time of death. A decree of separation that does not terminate the parties' marital status is not a divorce for purposes of this section;
(B) obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of the marriage, if the decree or judgment is not recognized as valid in this state, unless subsequently the individual and the decedent participated in a marriage ceremony purporting to marry each to the other;
(C) following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third individual; or
(D) was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
(b) On and after July 1, 2019, except as provided by the express terms of a governing instrument, a court order or contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce or annulment, the divorce or annulment of a marriage:
(1) Revokes any revocable:
(A) Disposition or appointment of property made by a divorced individual to such individual's former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced individual's former spouse;
(B) provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced individual's former spouse or on a relative of the divorced individual's former spouse; and
(C) nomination in a governing instrument, nominating a divorced individual's former spouse or a relative of the divorced individual's former spouse to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent or guardian; and
(2) severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship, transforming the interests of the former spouses into equal tenancies in common.
(c) A severance under subsection (b)(2) does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses, unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property that are relied upon in the ordinary course of transactions involving such property, as evidence of ownership.
(d) Provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.
(e) No change of circumstances other than as described in this section and K.S.A. 59-610, and amendments thereto, effects a revocation.
(f) (1) A payor or other third party is not liable for having made a payment or transferring an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a divorce, annulment or remarriage, or for having taken any other action in good faith reliance on the validity of the governing instrument before the payor or other third party received written notice of the claimed forfeiture or revocation under this section as a result of a divorce, annulment or remarriage. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation under this section as a result of a divorce, annulment or remarriage.
(2) Written notice of the claimed forfeiture or revocation under this section as a result of a divorce, annulment or remarriage under subsection (f)(1) shall be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of the claimed forfeiture or revocation under this section as a result of a divorce, annulment or remarriage, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by the payor or third party to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate or, if no proceedings have commenced, to or with the court having jurisdiction of probate proceedings relating to the decedent's estate located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under this section, shall order disbursement or transfer in accordance with the determination. Payments, transfers or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.
(g) (1) A person who purchases property from a former spouse, relative of a former spouse or any other person for value and without notice, or who receives from a former spouse, relative of a former spouse or any other person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, item of property or benefit, nor liable under this section for the amount of the payment or the value of the item of property or benefit. A former spouse, relative of a former spouse or other person who, not for value, received a payment, item of property or any other benefit to which that person is not entitled under this section is obligated to return the payment, item of property or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this section.
(2) If this section or any part of this section is preempted by federal law with respect to payment, an item of property or any other benefit covered by this section, a former spouse, relative of a former spouse or any other person who, not for value, received a payment, item of property or any other benefit to which that person is not entitled under this section is obligated to return that payment, item of property or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this section or part of this section not preempted.
(h) If this section is preempted by federal law with respect to any property item, then this section shall not apply to such item of property preempted by federal law, but shall apply in all other circumstances.
(i) This section shall be a part of and supplemental to the Kansas probate code.
History: L. 2019, ch. 44, § 1; July 1.
History: L. 1939, ch. 180, § 3; L. 1951, ch. 334, § 1; L. 1969, ch. 277, § 1; L. 1973, ch. 229, § 1; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 4; L. 1955, ch. 274, § 1; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1955, ch. 273, § 1; L. 1957, ch. 320, § 1; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1961, ch. 272, §§ 1 to 3; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 5; L. 1965, ch. 346, § 2; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 6; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 7; L. 1965, ch. 346, § 3; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1965, ch. 230, § 1; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1965, ch. 230, § 2; L. 1967, ch. 312, § 1; L. 1969, ch. 206, § 4; L. 1972, ch. 154, § 2; L. 1973, ch. 175, § 56; L. 1974, ch. 361, § 52; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1965, ch. 230, § 3; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1965, ch. 230, § 4; Repealed, L. 1972, ch. 154, § 4; March 25.
History: L. 1965, ch. 230, § 5; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 8; L. 1963, ch. 160, § 6; L. 1963, ch. 296, § 1; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 9; L. 1965, ch. 346, § 4; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 10; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 11; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 12; L. 1965, ch. 346, § 5; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 13; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1963, ch. 297, §§ 1, 2; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1969, ch. 278, §§ 1, 2; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
(a) The following shall be kept by the court for proceedings under chapter 59 of the Kansas Statutes Annotated:
(1) An appearance docket, in which shall be listed under the name of the decedent, ward, conservatee, mentally ill person, or other person involved, all documents pertaining thereto and in the order filed, except that separate appearance dockets, not open to public inspection shall be kept for proceedings under the care and treatment act for mentally ill persons and adoptions. Such list shall show the nature of the document, the date of the filing thereof, shall give a reference to the volume and page of any other book or reference to microfilm in which any record shall have been made of such document, and shall state the charge, if any, therefor.
(2) A suitable general index, in which files pertaining to estates of decedents shall be indexed under the name of the decedent, those pertaining to guardianships under the name of the ward, those pertaining to conservatorships under the name of the conservatee, those pertaining to mentally ill persons under the name of such person, those pertaining to adoption of children under both the name and adopted name of the child. After the name of each file shall be shown the case number.
(b) Suitable permanent duplicate copies of the following, kept by the district court prior to the effective date of this act, may be disposed of at the discretion of the district court: (1) All wills admitted to probate; (2) all elections filed; (3) all letters of appointment issued; (4) all certificates of appointment filed; (5) all bonds filed; (6) all orders, judgments and decrees, including estate and inheritance tax determination; (7) appearance docket sheets; (8) journals; (9) copies of journal entries of judgment; and (10) such other documents as the court may determine.
History: L. 1939, ch. 180, § 14; L. 1965, ch. 346, § 6; L. 1970, ch. 224, § 1; L. 1976, ch. 242, § 2; L. 1977, ch. 109, § 30; L. 1980, ch. 165, § 1; L. 1986, ch. 211, § 33; L. 1991, ch. 165, § 1; L. 1995, ch. 103, § 1; L. 1996, ch. 167, § 53; L. 2010, ch. 44, § 19; July 1.
A duly certified copy of any document on file or of record in any probate proceedings in the district court of any county of the state may be filed in the district court of any other county of the state, and when so filed shall have the same force and effect in such other county as in the county of origin.
History: L. 1939, ch. 180, § 15; L. 1953, ch. 271, § 1; L. 1976, ch. 242, § 3; January 10, 1977.
The books and records of the district court involving proceedings pursuant to chapter 59 of the Kansas Statutes Annotated shall be open to inspection by all persons at all times, except as provided in adoption proceedings, in K.S.A. 59-2979 and amendments thereto or in K.S.A. 65-5601 to 65-5605, inclusive, and amendments thereto, as applicable. The court shall furnish a certified or authenticated copy of any document on file or of record which is open to public inspection, upon payment therefor. The court, in making certified or authenticated copies of letters of appointment, is authorized upon request to certify further whenever such is the fact, that the letters so certified stand unrevoked at the date of the certificate; and such certificate shall be prima facie evidence of such fact.
History: L. 1939, ch. 180, § 16; L. 1965, ch. 346, § 7; L. 1976, ch. 243, § 41; L. 1976, ch. 242, § 4; L. 1986, ch. 212, § 6; L. 1996, ch. 167, § 54; April 18.
History: L. 1967, ch. 220, § 5; L. 1969, ch. 201, § 5; L. 1972, ch. 153, § 6; L. 1973, ch. 175, § 7; L. 1974, ch. 361, § 53; L. 1975, ch. 269, § 1; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1973, ch. 175, § 58; L. 1974; ch. 361, § 54; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1943, ch. 166, § 7; L. 1945, ch. 208, § 7; L. 1947, ch. 255, § 6; L. 1949, ch. 267, § 8; L. 1953, ch. 214, § 6; L. 1957, ch. 247, § 7; L. 1961, ch. 217, § 6; L. 1963, ch. 239, § 6; L. 1965, ch. 159, § 6; L. 1967, ch. 219, § 4; L. 1969, ch. 204, § 16; L. 1972, ch. 154, § 1; L. 1973, ch. 175, § 32; L. 1974; ch. 361, § 55; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1941, ch. 236, § 8; L. 1943, ch. 165, § 6; L. 1945, ch. 206, § 6; L. 1947, ch. 254, § 7; L. 1949, ch. 268, § 7; L. 1951, ch. 274, § 6; L. 1953, ch. 212, § 5; L. 1955, ch. 222, § 5; L. 1957, ch. 246, § 7; L. 1961, ch. 215, § 1; L. 1963, ch. 238, § 19; L. 1965, ch. 262, § 6; L. 1967, ch. 218, § 1; L. 1969, ch. 205, § 7; L. 1970, ch. 164, § 4; L. 1972, ch. 153, § 15; L. 1973, ch. 175, § 24; L. 1974; ch. 361, § 90; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1937, ch. 233, § 8; L. 1943, ch. 164, § 7; L. 1945, ch. 205, § 7; L. 1947, ch. 253, § 6; L. 1949, ch. 266, § 8; L. 1953, ch. 210, § 8; L. 1955, ch. 221, § 1; L. 1957, ch. 245, § 8; L. 1959, ch. 187, § 7; L. 1961, ch. 213, § 11; L. 1963, ch. 242, § 10; L. 1965, ch. 261, § 8; L. 1967, ch. 213, § 6; L. 1969, ch. 202, § 5; L. 1974, ch. 236, § 1; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1975; ch. 269, § 13; L. 1976, ch. 380, § 9; Repealed, L. 1976, ch. 380, § 26; January 10, 1977.
History: L. 1939, ch. 180, § 17; L. 1965, ch. 346, § 8; L. 1976, ch. 243, § 42; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 18; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1953, ch. 456, § 1; L. 1957, ch. 321, § 1; Repealed, L. 1959, ch. 242, § 1; June 30.
A homestead to the extent of 160 acres of land lying without, or of one acre lying within, the limits of an incorporated city, or a manufactured home or mobile home, occupied by the decedent and family, at the time of the owner's death, as a residence, and continued to be so occupied by the surviving spouse and children, after such death, together with all the improvements on the same, shall be wholly exempt from distribution under any of the laws of this state, and from the payment of the debts of the decedent, but it shall not be exempt from sale for taxes thereon, or for the payment of obligations contracted for the purchase thereof, or for the erection of improvements thereon, or for the payment of any lien given thereon by the joint consent of husband and wife. The title to the homestead property of a decedent shall pass the same as the title to other property of the decedent.
History: L. 1939, ch. 180, § 19; L. 1953, ch. 272, § 1; L. 1979, ch. 178, § 1; L. 1991, ch. 33, § 34; July 1.
The homestead shall not be subject to forced partition unless the surviving spouse remarries, nor until all the children arrive at the age of majority.
History: L. 1939, ch. 180, § 20; July 1.
When a resident of the state dies, testate or intestate, the surviving spouse shall be allowed, for the benefit of such spouse and the decedent's minor children during the period of their minority, from the personal or real property of which the decedent was possessed or to which the decedent was entitled at the time of death, the following:
(a) The wearing apparel, family library, pictures, musical instruments, furniture and household goods, utensils and implements used in the home, one automobile, and provisions and fuel on hand necessary for the support of the spouse and minor children for one year.
(b) A reasonable allowance of not more than $75,000 in money or other personal or real property at its appraised value in full or part payment thereof, with the exact amount of such allowance to be determined and ordered by the court, after taking into account the condition of the estate of the decedent.
The property shall not be liable for the payment of any of decedent's debts or other demands against the decedent's estate, except liens thereon existing at the time of the decedent's death. If there are no minor children, the property shall belong to the spouse; if there are minor children and no spouse, it shall belong to the minor children. The selection shall be made by the spouse, if living, otherwise by the guardian of the minor children. In case any of the decedent's minor children are not living with the surviving spouse, the court may make such division as the court deems equitable.
History: L. 1939, ch. 180, § 21; L. 1941, ch. 284, § 1; L. 1965, ch. 352, § 1; L. 1967, ch. 313, § 1; L. 1975, ch. 299, § 2; L. 1989, ch. 173, § 1; L. 1991, ch. 166, § 1; L. 1994, ch. 132, § 18; L. 2000, ch. 25, § 1; L. 2008, ch. 14, § 1; L. 2023, ch. 77, § 1; July 1.
The surviving spouse, by electing to take under the will of the decedent or by consenting thereto, does not waive the homestead right nor the right to such allowance, unless it clearly appears from the will that the provision therein made for such spouse was intended to be in lieu of such rights.
History: L. 1939, ch. 180, § 22; July 1.
As used in K.S.A. 59-502 through 59-514, inclusive:
(a) "Children" means biological children, including a posthumous child; children adopted as provided by law; and children whose parentage is or has been determined under the Kansas parentage act or prior law.
(b) "Issue" includes adopted children of deceased children or issue.
History: L. 1939, ch. 180, § 23; L. 1985, ch. 114, § 25; July 1.
Subject to any homestead rights, the allowances provided in K.S.A. 59-403, and the payment of reasonable funeral expenses, expenses of last sickness and costs of administration, taxes, and debts, the property of a resident decedent, who dies intestate, shall at the time of death pass by intestate succession as provided in this article.
History: L. 1939, ch. 180, § 24; July 1.
Revisor's Note: Later act, see 59-804 et seq.
History: L. 1939, ch. 180, § 25; Repealed, L. 1967, ch. 314, § 13; July 1.
If the decedent leaves a spouse and no children nor issue of a previously deceased child, all the decedent's property shall pass to the surviving spouse. If the decedent leaves a spouse and a child, or children, or issue of a previously deceased child or children, one-half of such property shall pass to the surviving spouse.
History: L. 1939, ch. 180, § 26; July 1.
Except as provided further, the surviving spouse shall be entitled to receive one-half of all real estate of which the decedent at any time during the marriage was seized or possessed and to the disposition whereof the survivor shall not have consented in writing, or by a will, or by an election as provided by law to take under a will, except such real estate as has been sold on execution or judicial sale, or taken by other legal proceeding. The surviving spouse shall not be entitled to any interest under the provisions of this section in any real estate of which such decedent in such decedent's lifetime made a conveyance, when such spouse at the time of the conveyance was not a resident of this state and never had been during the existence of the marriage relation. The spouse's entitlement under this section shall be included as part of the surviving spouse's property under K.S.A. 59-6a207, and amendments thereto.
History: L. 1939, ch. 180, § 27; L. 1996, ch. 53, § 1; July 1.
If the decedent leaves a child, or children, or issue of a previously deceased child or children, and no spouse, all his or her property shall pass to the surviving child, or in equal shares to the surviving children and the living issue, if any, of a previously deceased child, but such issue shall collectively take only the share their parent would have taken had such parent been living. If the decedent leaves such child, children, or issue, and a spouse, one-half of such property shall pass to such child, children, and issue as aforesaid.
History: L. 1939, ch. 180, § 28; July 1.
If the decedent leaves no surviving spouse, child, or issue, but leaves a surviving parent or surviving parents, all of his or her property shall pass to such surviving parent, or in equal shares to such surviving parents, but if the decedent is an adopted child such property shall pass to his or her adoptive parent or parents in like manner including a natural parent who is the spouse of an adoptive parent.
History: L. 1939, ch. 180, § 29; July 1.
If the decedent leaves no surviving spouse, child, issue, or parents, the respective shares of his or her property which would have passed to the parents, had both of them been living, shall pass to the heirs of such parents respectively (excluding their respective spouses), the same as it would have passed had such parents owned it in equal shares and died intestate at the time of his or her death; but if either of said parents left no such heirs, then and in that event his or her property shall pass to the living heirs of the other parent.
History: L. 1939, ch. 180, § 30; L. 1949, ch. 310, § 1; April 15.
In computing degrees of relationship by blood for the purpose of the passing of property of an intestate decedent, each generation in the ascending or descending line shall be counted as one degree. None of such property shall pass except by lineal descent to a person further removed from the decedent than the sixth degree, as so computed. In all cases of intestate succession the right of a living person to have the property, or a share of it, pass to him or her, shall be determined as here provided, but the property shall pass immediately from the decedent to the person entitled to receive it.
History: L. 1939, ch. 180, § 31; July 1.
Property which has been given by an intestate decedent by way of an advancement to one to whom the decedent's property, or a part of it, would pass by intestate succession, shall be counted as a part of the distributive share of such property to such person, and to that extent shall be taken into account in determining the estate to be distributed among those to whom it passes by intestate succession, but if such advancement exceeds the amount to which such person would be entitled by the laws of intestate succession the person shall not be required to refund any portion of the advancement. If such person receiving an advancement dies before the decedent, leaving heirs who take from the decedent, the advancement shall be allowed in like manner as if it had been made directly to them.
History: L. 1939, ch. 180, § 32; July 1.
History: L. 1939, ch. 180, § 33; Repealed, L. 2002, ch. 135, § 6; July 1.
History: L. 1939, ch. 180, § 34; L. 1976, ch. 242, § 5; Repealed, L. 2002, ch. 135, § 6; July 1.
(a) No person convicted of feloniously killing, or procuring the killing of, another person shall inherit or take by will, by intestate succession, as a surviving joint tenant, as the designated beneficiary of real or personal property, as a beneficiary under a trust or otherwise from such other person any portion of the estate or property in which the decedent had an interest.
(b) When any person kills or causes the killing of such person's spouse, and then takes such person's own life, the estates and property of both persons shall be disposed of as if their deaths were simultaneous pursuant to the provisions of K.S.A. 58-708 to 58-718, inclusive, and amendments thereto.
(c) (1) The court may, upon its own motion or upon the written request of any party, prohibit the sale, distribution, spending or use of an asset or interest described in subsection (a), or a portion or proceeds thereof, by a person who has been arrested for or charged with the felonious killing, or procuring the killing of, the decedent.
(2) An order entered pursuant to this subsection may be granted ex parte upon a showing of criminal charges filed against a person interested in the estate.
(3) (A) An order entered pursuant to this subsection shall be in effect until modified or terminated by the court.
(B) Upon the written request of a person subject to an order under this subsection to modify or terminate such order, the court shall fix the time and place for the hearing thereof. Notice of the time and place of the hearing shall be given in such manner and to such persons as the court shall direct.
(C) The court shall terminate such order if the court finds that any of the following events relating to the arrest or charges that were the basis for the order have occurred:
(i) Dismissal of all such charges;
(ii) acquittal as to all such charges;
(iii) conviction or other disposition; or
(iv) expungement of the arrest records by court order pursuant to K.S.A. 22-2410, and amendments thereto.
History: L. 1939, ch. 180, § 35; L. 1970, ch. 225, § 1; L. 1995, ch. 105, § 1; L. 2023, ch. 74, § 1; July 1.
If an intestate decedent leaves no person entitled to receive property of the decedent as said intestate's heir under the provisions of K.S.A. 59-503 to 59-513, both sections inclusive, and acts amendatory thereof or supplemental thereto, then and in that event said intestate's property shall pass to the living heirs of the intestate's last spouse dying prior to the death of the intestate and if there be no such heir or heirs, then the estate shall escheat to and become the property of the state.
History: L. 1939, ch. 180, § 36; L. 1963, ch. 298, § 1; June 30.
Any person of sound mind, and possessing the rights of majority, may dispose of any or all of his or her property by will, subject to the provisions of this act.
History: L. 1939, ch. 180, § 37; July 1.
Any devise or other disposition of real estate located in this state taking effect in possession or enjoyment at death, and any bequest or other disposition of any personal property by a resident of this state taking effect in possession or enjoyment at death, without regard to the time when the will or other instrument containing such devise, bequest or other such disposition shall have been made, to any foreign country, subdivision thereof, or city, body politic, or corporation, located therein or existing under the laws thereof, or in trust or otherwise to any trustee or agent thereof, except devises, bequests or other such dispositions to institutions created and existing exclusively for religious, educational, or charitable purposes, is hereby prohibited. Any such devise, bequest or other such disposition shall be void.
History: L. 1939, ch. 180, § 38; L. 1992, ch. 79, § 1; L. 1994, ch. 132, § 19; January 1, 1995.
History: L. 1939, ch. 180, § 39; L. 1951, ch. 335, § 1; L. 1992, ch. 79, § 2; Repealed, L. 1994, ch. 132, § 21; January 1, 1995.
A beneficial devise or bequest made in a will to a subscribing witness thereto shall be void, unless there are two other competent subscribing witnesses who are not beneficiaries thereunder. But if such witness would have been entitled to any share of the testator's estate in the absence of a will, then so much of such share as will not exceed the value of the devise or bequest shall pass to the witness from the part of the estate included in the void devise or bequest. Such share shall be considered as a legacy or devise within the meaning of K.S.A. 59-1405.
History: L. 1939, ch. 180, § 40; July 1.
Any provision in a will, written or prepared for another person, that gives the writer or preparer or the writer's or preparer's parent, children, issue, sibling or spouse any devise or bequest is invalid unless:
(a) The writer or preparer is related to the testator by blood, marriage or adoption and the devise or bequest is not more than the writer or preparer or the writer's or preparer's parent, children, issue, sibling or spouse would receive under the laws of intestate succession, if the property passed in that manner; or
(b) it affirmatively appears that the testator had read or knew the contents of the will and had independent legal advice with reference thereto. As used in this section, "children" and "issue" shall have the same meaning as provided in K.S.A. 59-501, and amendments thereto.
History: L. 1939, ch. 180, § 41; L. 2002, ch. 135, § 2; L. 2004, ch. 73, § 1; July 1.
Every will, except an oral will as provided in K.S.A. 59-608 and amendments thereto, shall be in writing, and signed at the end by the party making the will, or by some other person in the presence and by the express direction of the testator. Such will shall be attested and subscribed in the presence of such party by two or more competent witnesses, who saw the testator subscribe or heard the testator acknowledge the will. Such will, at the time of its execution or at any subsequent date during the lifetimes of the testator and the witnesses, may be made self-proved, and the testimony of the witnesses in the probate of the will may be made unnecessary by the acknowledgments of the will and the affidavits of the testator and the attesting witnesses. Such acknowledgments and affidavits shall be made before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths. Such acknowledgments and affidavits shall be evidenced by the certificate, with official seal affixed, of such officer attached or annexed to such will in form and contents substantially as follows:
State of ______________
County of __________ ss.
Before me, the undersigned authority, on this day personally appeared __________, __________, and __________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of such persons being by me first duly sworn, such __________, testator, declared to me and to the witnesses in my presence that such instrument is the testator's last will and testament, and that the testator had willingly made and executed it as the testator's free and voluntary act and deed for the purposes therein expressed. Such witnesses, each on the witness' oath stated to me, in the presence and hearing of the testator, that the testator had declared to them that such instrument is the testator's last will and testament, and that the testator executed same as such and wanted each witness to sign it as a witness. Upon their oaths each witness stated further that they did sign the will as witnesses in the presence of each other and in the presence of the testator and at the testator's request, and that the testator at that time possessed the rights of majority, was of sound mind and under no restraint.
(Testator)
(Witness)
(Witness)
Subscribed, acknowledged and sworn to before me by __________, testator, and __________ and __________, witnesses, this _____ day of __________, A.D. __________.
(seal)
(Signed) ______________________________
(Official capacity of officer)
If an affidavit substantially in conformance with the affidavit described in this section is executed at the time of the execution of the will, no other signatures of the witnesses or any other attestation clause is required.
A self-proved will, unless contested, shall be admitted to probate without the testimony of any subscribing witness, but otherwise it shall be treated no differently than a will not self-proved. A self-proved will may be contested or be revoked, or be amended by a codicil in the same fashion as a will not self-proved. A codicil or the consent to take under the will by the spouse may be self-proved in the same manner as a will may be self-proved.
History: L. 1939, ch. 180, § 42; L. 1975, ch. 299, § 3; L. 1976, ch. 245, § 2; L. 1990, ch. 199, § 1; L. 1999, ch. 55, § 1; July 1.
If a witness to a will is competent at the time of his or her attestation, his or her subsequent incompetency shall not prevent the admission of such will to probate.
History: L. 1939, ch. 180, § 43; July 1.
An oral will made in the last sickness shall be valid in respect to personal property, if reduced to writing and subscribed by two competent, disinterested witnesses within thirty days after the speaking of the testamentary words, when the testator called upon some person present at the time the testamentary words were spoken to bear testimony to said disposition as his or her will.
History: L. 1939, ch. 180, § 44; July 1.
A will executed without this state in the manner prescribed by this act, or by the law of the place of its execution, or by the law of the testator's residence either at the time of its execution or of the testator's death, shall be deemed to be legally executed, and shall have the same force and effect as if executed in compliance with the provisions of this act: Provided, Said will is in writing and subscribed by the testator.
History: L. 1939, ch. 180, § 45; July 1.
If after making a will the testator marries and has a child, by birth or adoption, the will is thereby revoked. If after making a will the testator is divorced, all provisions in such will in favor of the testator's spouse so divorced are thereby revoked.
History: L. 1939, ch. 180, § 46; July 1.
Except as provided in K.S.A. 59-610, no will in writing shall be revoked or altered otherwise than by some other will in writing; or by some other writing of the testator declaring such revocation or alteration and executed with the same formalities with which the will itself was required by law to be executed; or unless such will be burnt, torn, canceled, obliterated or destroyed, with the intent and for the purpose of revoking the same, by the testator himself or herself or by another person in the testator's presence by his or her direction.
History: L. 1939, ch. 180, § 47; July 1.
If the testator shall make a second will, the revocation of the second will shall not revive the first will, unless it appears by the terms of such revocation that it was the testator's intention to revive the first will, or unless after such revocation the testator shall duly republish his or her first will in the presence of two or more competent witnesses who shall subscribe the same in the presence of the testator.
History: L. 1939, ch. 180, § 48; July 1.
All property acquired by the testator after making his or her will shall pass thereby in like manner as if possessed by him or her at the time when the testator made his or her will, unless a different intention appears from the will.
History: L. 1939, ch. 180, § 49; July 1.
Every devise of real estate shall pass all the estate of the testator therein, unless it clearly appears by the will that he or she intended a less estate to pass.
History: L. 1939, ch. 180, § 50; July 1.
(a) If a devise or bequest is made to a spouse or to any relative by lineal descent or within the sixth degree, whether by blood or adoption, and such spouse or relative dies before the testator, leaving issue who survive the testator, such issue shall take the same estate which said devisee or legatee would have taken if he or she had survived, unless a different disposition is made or required by the will.
(b) As used in this section or as used in any will executed on or after July 1, 1973, unless the provisions of such will specifically provide to the contrary, the term "issue" means offspring, progeny or lineal descendants, by blood or adoption, in whatever degree.
History: L. 1939, ch. 180, § 51; L. 1968, ch. 339, § 1; L. 1969, ch. 279, § 1; L. 1970, ch. 226, § 1; L. 1973, ch. 230, § 1; July 1.
No will shall be effectual to pass real or personal property unless it shall have been duly admitted to probate.
History: L. 1939, ch. 180, § 52; July 1.
No will of a testator who died while a resident of this state shall be effectual to pass property unless a petition is filed for the probate of such will within six months after the death of the testator, except as hereinafter provided.
History: L. 1939, ch. 180, § 53; L. 1943, ch. 213, § 1; L. 1972, ch. 215, § 1; L. 1985, ch. 191, § 8; July 1.
Any person who has possession of the will of a testator dying a resident of this state, or has knowledge of such will and access to it for the purpose of probate, and knowingly withholds it from the district court having jurisdiction to probate it for more than six months after the death of the testator shall be liable for reasonable attorney fees, costs and all damages sustained by beneficiaries under the will who do not have possession of the will and are without knowledge of it and access to it. Such will may be admitted to probate as to any innocent beneficiary on petition for probate by any such beneficiary, if such petition is filed within 90 days after such beneficiary has knowledge of such will and access to it, except that the title of any purchaser in good faith, without knowledge of such will, to any property derived from the fiduciary, heirs, devisees or legatees of the decedent, shall not be defeated by the production of the will of such decedent and the petition for probate of the will after the expiration of six months from the death of the decedent.
The provisions of this section as amended by this act shall apply retroactively to the withholding of a will of a testator.
History: L. 1939, ch. 180, § 54; L. 1943, ch. 213, § 2; L. 1972, ch. 215, § 2; L. 1976, ch. 242, § 6; L. 1985, ch. 191, § 9; July 1.
(a) Any person possessing a decedent's will may file in the district court of the county of the decedent's last residence the decedent's will or a copy of such will and an affidavit that complies with subsection (b).
(b) (1) An affidavit filed pursuant to this section shall state:
(A) The name, residence address and date and place of death of the decedent;
(B) the names, addresses and relationships of all the decedent's heirs, legatees and devisees which are known to the affiant after a diligent search and inquiry;
(C) the name and address of any trustee of any trust established under the will;
(D) that the will is being filed with the district court for the purpose of preserving it for record in the event that probate proceedings are later required; and
(E) that a copy of the affidavit and will has been mailed to each heir, legatee and devisee named in the affidavit.
(2) An affidavit filed pursuant to this section on or after July 1, 2023, shall state whether the original will or a copy of such will is being filed with the court.
(c) Any will or copy of a will filed pursuant to this section within a period of six months after the death of the testator may be admitted to probate after such six-month period.
History: L. 1977, ch. 196, § 1; L. 1982, ch. 235, § 1; L. 1984, ch. 147, § 12; L. 1985, ch. 191, § 10; L. 1996, ch. 234, § 14; L. 2010, ch. 19, § 1; L. 2016, ch. 50, § 1; L. 2023, ch. 77, § 2; July 1.
No oral will of a testator who died while a resident of this state shall be admitted to probate unless an application is made therefor within six months after the death of the testator, except as provided by K.S.A. 59-2229 and 59-2230, and amendments thereto.
History: L. 1939, ch. 180, § 55; L. 1982, ch. 235, § 2; July 1.
History: L. 1939, ch. 180, § 56; L. 1953, ch. 273, § 1; L. 1976, ch. 242, § 7; Repealed, L. 1995, ch. 103, § 2; July 1.
After the death of a testator the person having custody of the testator's will shall deliver it to the court which has jurisdiction thereof. Every person who willfully neglects or refuses to deliver a will after being duly ordered to do so shall be guilty of contempt of court. Such person shall be further liable to any party aggrieved for the damages which may be sustained by such neglect or refusal.
History: L. 1939, ch. 180, § 57; July 1.
Any foreign will filed of record in any county of this state prior to July 1, 1939, is hereby declared to satisfy the legal requirements for filing of a foreign will, even if such filing did not, in the first instance, meet specific statutory requirements for the filing of such a will.
History: L. 1970, ch. 227, § 1; July 1.
A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of debt, documents of title, securities, and properties used in trade or business. To be admissible under this section as evidence of intended disposition, the writing either must be in the handwriting of the testator or be signed by the testator, and must describe the items with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; and it may be altered by the testator after its preparation.
History: L. 1975, ch. 299, § 28; January 1, 1976.
History: L. 1989, ch. 172, § 1; Repealed, L. 2003, ch. 8, § 1; July 1.
As used in this section*:
(a) "Decedent's nonprobate transfers to others" means the decedent's nonprobate transfers to persons, other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors, that are included in the augmented estate under K.S.A. 59-6a205, and amendments thereto.
(b) "Fractional interest in property held in joint tenancy with the right of survivorship," whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants, unless there is proof of some other proportional ownership, legal or equitable.
(c) "Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.
(d) "Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that such person possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.
(e) "Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.
(f) "Presently exercisable general power of appointment" means a power of appointment under which, at the time in question, the decedent, whether or not the decedent then had the capacity to exercise the power, held a power to create a present or future interest in the decedent's self, the decedent's creditors, the decedent's estate, or creditors of such decedent's estate, and includes a power to revoke or invade the principal of a trust or other property arrangement.
(g) "Probate estate" means property that would pass by intestate succession if the decedent died without a valid will.
(h) "Property" includes values subject to a beneficiary designation.
(i) "Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust or a similar arrangement.
(j) "Transfer" as it relates to a transfer by or of the decedent, includes (1) an exercise or release of a presently exercisable general power of appointment held by the decedent, (2) a lapse at death of a presently exercisable general power of appointment held by the decedent, and (3) an exercise, release, or lapse of a general power of appointment that the decedent created in the decedent's self and of a power described in subsection (b)(2) of K.S.A. 59-6a205, and amendments thereto, that the decedent conferred on a nonadverse party.
(k) "Value of the homestead." For the purposes of article 6a of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, where the surviving spouse exercises the right to the homestead, the homestead shall be valued as a life estate interest in the equity of the real estate comprising the homestead in the manner provided by the federal estate tax in 26 U.S.C. 2031, and amendments thereto.
History: L. 1994, ch. 132, § 1; L. 1996, ch. 53, § 2; July 1.
(a) (1) The surviving spouse of a decedent who dies a resident of this state has a right of election, under the limitations and conditions stated in this act, to take an elective-share amount equal to the value of the elective-share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule:
If the decedent and the spouse were married to each other: The elective-share percentage is:
(2) If the decedent and the surviving spouse were married to each other more than once, all periods of marriage to each other are added together for purposes of this subsection. Periods between marriages are not counted.
(b) If the sum of the amounts described in K.S.A. 59-6a207 and 59-6a209(a)(1), and amendments thereto, and that part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others under K.S.A. 59-6a209(b) and (c), and amendments thereto, is less than $100,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $100,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in K.S.A. 59-6a209(b) and (c), and amendments thereto.
(c) If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, and family allowance, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.
(d) The right, if any, of the surviving spouse of a decedent who dies a nonresident of this state to take an elective share in property in this state is governed by article 8 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1994, ch. 132, § 2; L. 2023, ch. 77, § 3; July 1.
Subject to K.S.A. 59-6a208, the value of the augmented estate, to the extent provided in K.S.A. 59-6a204 through 59-6a207, consists of the sum of the values of all property that constitute the decedent's net probate estate, the decedent's nonprobate transfers to others, the decedent's nonprobate transfers to the surviving spouse, and the surviving spouse's property and nonprobate transfers to others.
History: L. 1994, ch. 132, § 3; January 1, 1995.
The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead or homestead allowance, family allowances and enforceable demands.
History: L. 1994, ch. 132, § 4; L. 1996, ch. 53, § 3; July 1.
The value of the augmented estate includes the value of the decedent's nonprobate transfers to others, not included under K.S.A. 59-6a204, and amendments thereto, of any of the following types, in the amount provided respectively for each type of transfer:
(a) Property owned or owned in substance by the decedent immediately before death that passed outside probate at the decedent's death. Property included under this category consists of:
(1) Property over which the decedent alone, immediately before death, held a presently exercisable general power of appointment. The amount included is the value of the property subject to the power, to the extent that such property passed at the decedent's death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent's estate or surviving spouse.
(2) The decedent's fractional interest in property held by the decedent in joint tenancy with the right of survivorship. The amount included is the value of the decedent's fractional interest, to the extent that such fractional interest passed by right of survivorship at the decedent's death to the surviving joint tenant other than the decedent's surviving spouse.
(3) The decedent's ownership interest in property or accounts passing to another upon decedent's death. The amount included is the value of the decedent's ownership interest, to the extent that the decedent's ownership interest passed at the decedent's death to or for the benefit of any person other than the decedent's estate or surviving spouse.
(4) Proceeds of insurance, including accidental death benefits, on the life of the decedent, if the decedent owned the insurance policy immediately before death or if and to the extent that the decedent alone and immediately before death held a presently exercisable general power of appointment over the policy or its proceeds. The amount included is the value of the proceeds, to the extent that they were payable at the decedent's death to or for the benefit of any person other than the decedent's estate or surviving spouse.
(b) Property transferred in any of the following forms by the decedent during marriage:
(1) Any irrevocable transfer in which the decedent retained the right to the possession or enjoyment of, or to the income from, the property if and to the extent that the decedent's right terminated at or continued beyond the decedent's death. The amount included is the value of the fraction of the property to which the decedent's right related, to the extent that such fraction of the property passed outside probate to or for the benefit of any person other than the decedent's estate or surviving spouse.
(2) Any transfer in which the decedent created a power over income or property, exercisable by the decedent alone or in conjunction with any other person, or exercisable by a nonadverse party, to or for the benefit of the decedent, the creditors of the decedent, the decedent's estate, or creditors of the decedent's estate. The amount included with respect to a power over property is the value of the property subject to the power, and the amount included with respect to a power over income is the value of the property that produces or produced the income, to the extent that the power in either case was exercisable at the decedent's death to or for the benefit of any person other than the decedent's surviving spouse or to the extent that the property passed at the decedent's death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent's estate or surviving spouse. If the power is a power over both income and property and the preceding sentence produces different amounts, the amount included is the greater amount.
(c) Property that passed during marriage and during the two-year period next preceding the decedent's death as a result of a transfer by the decedent if the transfer was of any of the following types:
(1) Any property that passed as a result of the termination of a right or interest in, or power over, property that would have been included in the augmented estate under subparagraph (a)(1), (2), or (3), or under subparagraph (c)(2), if the right, interest, or power had not terminated until the decedent's death. The amount included is the value of the property that would have been included under those subparagraphs, if the property were valued at the time that the right, interest, or power terminated, and is included only to the extent that the property passed upon termination to or for the benefit of any person other than the decedent or the decedent's estate, spouse, or surviving spouse. As used in this subparagraph, "termination," with respect to a right or interest in property, occurs when the right or interest terminated by the terms of the governing instrument or the decedent transferred or relinquished the right or interest, and, with respect to a power over property, occurs when the power terminated by exercise, release, lapse, default, or otherwise, but, with respect to a power described in paragraph (a)(1), "termination" occurs when the power terminated by exercise or release, but not otherwise.
(2) Any transfer of or relating to an insurance policy on the life of the decedent if the proceeds would have been included in the augmented estate under subparagraph (a)(4) had the transfer not occurred. The amount included is the value of the insurance proceeds to the extent that the proceeds were payable at the decedent's death to or for the benefit of any person other than the decedent's estate or surviving spouse.
(3) Any transfer of property, to the extent not otherwise included in the augmented estate, made to or for the benefit of a person other than the decedent's surviving spouse. The amount included is the value of the transferred property to the extent that the aggregate transfers to any one donee in either of the two years exceeded $25,000.
History: L. 1994, ch. 132, § 5; L. 1996, ch. 53, § 4; L. 2023, ch. 77, § 4; July 1.
Excluding property passing to the surviving spouse under the federal social security system, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consists of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:
(a) The decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;
(b) the decedent's ownership interest in property or accounts held in coownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving coowner; and
(c) all other property that would have been included in the augmented estate under subsections (a) or (b) of K.S.A. 59-6a205 had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.
History: L. 1994, ch. 132, § 6; January 1, 1995.
(a) Except to the extent included in the augmented estate under K.S.A. 59-6a204 or 59-6a206, and amendments thereto, the value of the augmented estate includes the value of:
(1) Property that was owned by the decedent's surviving spouse at the decedent's death, including:
(A) The surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;
(B) the surviving spouse's ownership interest in property or accounts held in coownership registration with the right of survivorship; and
(C) property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead or homestead allowance, family allowance, or payments under the federal social security system; and
(2) property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests include* under subparagraphs (a)(1)(A) and (B), had the spouse been the decedent.
(b) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subparagraphs (a)(1)(A) and (B), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or coowner of the property or accounts. For purposes of subparagraph (a)(2), proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under subsection (a)(4) of K.S.A. 59-6a205, and amendments thereto, are not valued as if such spouse were deceased.
(c) The value of property included under this section is reduced by enforceable demands against the surviving spouse.
History: L. 1994, ch. 132, § 7; L. 1996, ch. 53, § 5; July 1.
(a) The value of any property is excluded from the decedent's nonprobate transfers to others (1) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property or (2) if the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the surviving spouse.
(b) The value of property:
(1) Included in the augmented estate under K.S.A. 59-6a205, 59-6a206 or 59-6a207 is reduced in each category by enforceable demands against the included property; and
(2) includes the commuted value of any present or future interest and the commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal social security system.
(c) In case of overlapping application to the same property of the subparagraphs or sub-subparagraphs of K.S.A. 59-6a205, 59-6a206 or 59-6a207, the property is included in the augmented estate under the provision yielding the greatest value, but under only one overlapping provision if they all yield the same value.
History: L. 1994, ch. 132, § 8; January 1, 1995.
(a) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others:
(1) Amounts included in the augmented estate under K.S.A. 59-6a204 which pass or have passed to the surviving spouse by testate or intestate succession and amounts included in the augmented estate under K.S.A. 59-6a206;
(2) amounts included in the augmented estate which would have passed to the spouse but were disclaimed and which will pass to issue of the surviving spouse, as defined in K.S.A. 59-615, and amendments thereto, who are not the issue of the decedent;
(3) amounts included in the augmented estate under K.S.A. 59-6a207 up to the applicable percentage thereof. For the purposes of this subsection, the "applicable percentage" is twice the elective-share percentage set forth in the schedule in subsection (a) of K.S.A. 59-6a202 as appropriate to the length of time the spouse and the decedent were married to each other; and
(5)* the value of any real estate recovered pursuant to K.S.A. 59-505, and amendments thereto.
(b) If, after the application of subsection (a), the elective-share amount is not fully satisfied or the surviving spouse is entitled to a supplemental elective-share amount, amounts included in the decedent's probate estate and in the decedent's nonprobate transfer to others other than amounts included under subsection (c)(1) or (3) of K.S.A. 59-6a205, are applied first to satisfy the unsatisfied balance of the elective-share amount or the supplemental elective-share amount. The decedent's probate estate and that portion of the decedent's nonprobate transfers to others are so applied that liability for the unsatisfied balance of the elective-share amount or for the supplemental elective-share amount is equitably apportioned among the recipients of the decedent's probate estate and that portion of the decedent's nonprobate transfers to others in proportion to the value of their interest therein.
(c) If, after the application of subsections (a) and (b), the elective-share or supplemental elective-share amount is not fully satisfied, the remaining portion of the decedent's nonprobate transfers to others is so applied that liability for the unsatisfied balance of the elective-share or supplemental elective-share amount is equitably apportioned among the recipients of that portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.
History: L. 1994, ch. 132, § 9; January 1, 1995.
(a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others to the extent the donees have the property or the property's proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the proportional part of the decedent's nonprobate transfer to such person or to pay the value of the amount for which such person is liable.
(b) If any section or part of any section of this act is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return that payment, item of property, or benefit, or is personally liable for the amount of that payment or the value of that item of property or benefit, as provided in K.S.A. 59-6a203, to the person who would have been entitled to it were that section or part of that section not preempted.
History: L. 1994, ch. 132, § 10; January 1, 1995.
(a) Except as provided in subsection (b), the election shall be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within six months after the date of the decedent's death, or within six months after the notice of the right to the elective share pursuant to K.S.A. 59-2233, and amendments thereto, whichever limitation later expires. The surviving spouse must give notice of the time and place set for hearing, in such manner as ordered by the court, to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share. Except as provided in subsection (b), the decedent's nonprobate transfers to others are not included within the augmented estate for the purpose of computing the elective share, if the petition is filed more than six months after the decedent's death.
(b) Within six months after the decedent's death, the surviving spouse may petition the court for an extension of time for making an election. If, within six months after the decedent's death, the spouse gives notice of the petition to all persons interested in the decedent's nonprobate transfers to others, the court for good cause shown by the surviving spouse may extend the time for election. If the court grants the spouse's petition for an extension, the decedent's nonprobate transfers to others are not excluded from the augmented estate for the purpose of computing the elective-share and supplemental elective-share amounts, if the spouse makes an election by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within the time allowed by the extension.
(c) The surviving spouse may withdraw the petition for an elective share at any time before entry of a final determination by the court.
(d) After notice and hearing, the court shall determine the elective-share and supplemental elective-share amounts, and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate under K.S.A. 59-6a209 and 59-6a210. If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than such person would have been under K.S.A. 59-6a209 and 59-6a210 had relief been secured against all persons subject to contribution.
(e) An order or judgment of the court may be enforced by the surviving spouse, as necessary, to obtain contribution or payment in other courts of this state or other jurisdictions. The decedent's personal representative shall not be required to enforce contributions from the assets of the reclaimable estate.
History: L. 1994, ch. 132, § 11; January 1, 1995.
(a) The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse by the court pursuant to K.S.A. 59-2234, and amendments thereto.
(b) The right of election to the supplemental elective-share amount, homestead or statutory allowance may be exercised by the surviving spouse, conservator, agent under a power of attorney, guardian ad litem appointed for the surviving spouse or by the court on behalf of a disabled spouse pursuant to K.S.A. 59-2234, and amendments thereto.
History: L. 1994, ch. 132, § 12; January 1, 1995.
(a) The right of election of a surviving spouse and the rights of the surviving spouse to the homestead, the homestead allowance or the family allowance, or all of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, consent to any instrument, or waiver signed by the surviving spouse.
(b) A surviving spouse's waiver is not enforceable if the surviving spouse proves that:
(1) The surviving spouse did not execute the waiver voluntarily; or
(2) the waiver was unconscionable when it was executed and, before execution of the waiver, the surviving spouse:
(A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent;
(B) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and
(C) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.
(c) An issue of unconscionability of a waiver is for decision by the court as a matter of law.
(d) Unless it provides to the contrary, a waiver of "all rights," or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share benefits that would otherwise pass to such spouse from the other by intestate succession or by virtue of any will executed before the waiver or property settlement. For documents executed on and after July 1, 2002, to waive the homestead, the homestead allowance or the family allowance, or all of them, the language of the document must clearly provide that the homestead, the homestead allowance or the family allowance, or all of them, were understandably and knowledgeably waived by each spouse, if applicable.
History: L. 1994, ch. 132, § 13; L. 2002, ch. 135, § 3; July 1.
(a) Although under K.S.A. 59-6a205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice from the surviving spouse or spouse's representative of an intention to file a petition for the elective share or that a petition for the elective share has been filed. A payor or other third party is liable for payments made or other actions taken after the payor or other third party received written notice of an intention to file a petition for the elective share or that a petition for the elective share has been filed.
(b) The written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under subsection (d) of K.S.A. 59-6a211, shall order disbursement in accordance with the determination. If no petition is filed in the court within the specified time under subsection (a) of K.S.A. 59-6a211 or, if filed, the demand for an elective share is withdrawn under subsection (c) of K.S.A. 59-6a211, the court shall order disbursement to the designated beneficiary. Payments or transfers to the court or deposits made to the court discharge the payor or other third party from all claims for value of amounts so paid or the value of property so transferred or deposited.
(c) Upon petition to the district court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with chapter 59 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1994, ch. 132, § 14; January 1, 1995.
A surviving spouse is entitled to the homestead, or in lieu thereof the surviving spouse may elect to receive a homestead allowance of $75,000. The homestead or homestead allowance is exempt from and has priority over all demands against the estate. The homestead or homestead allowance is in addition to any share passing to the surviving spouse by way of elective share.
History: L. 1994, ch. 132, § 15; L. 1996, ch. 53, § 6; L. 2000, ch. 25, § 2; L. 2008, ch. 14, § 2; L. 2023, ch. 77, § 5; July 1.
Any act done in any proceeding or any irrevocably accrued right acquired, before the effective date of this act is not impaired by this act. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right.
History: L. 1994, ch. 132, § 16; January 1, 1995.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given affect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 1994, ch. 132, § 17; January 1, 1995.
Letters testamentary shall be granted to the executor, if any is named in the will, if he or she is legally competent and shall accept the trust; otherwise letters of administration shall be granted with the will annexed.
History: L. 1939, ch. 180, § 58; July 1.
When a person appointed executor is a minor and without the rights of majority at the time of proving the will, administration may be granted with the will annexed during his or her minority or disability, unless there is another executor who will accept the trust, in which case the estate shall be administered by such other executor until the minor shall arrive at full age or shall possess the rights of majority, when he or she may be admitted as joint executor with the former.
History: L. 1939, ch. 180, § 59; July 1.
The executor of an executor shall have no authority as such to administer the estate of the first testator.
History: L. 1939, ch. 180, § 60; July 1.
No executor named in a will shall, before letters testamentary are granted, have any power to dispose of any part of the estate of the testator, except to pay reasonable funeral expenses, nor to interfere in any manner with such estate, further than is necessary for its conservation.
History: L. 1939, ch. 180, § 61; July 1.
Administration of the estate of a person dying intestate shall be granted to one or more of the persons hereinafter mentioned, suitable and competent to discharge the trust, and in the following order:
(1) The surviving spouse or next of kin, or both, as the court may determine, or some person or persons selected by them or any of them.
(2) If all such persons are incompetent or unsuitable, or do not accept, administration may be granted to one or more of the creditors, or to a nominee or nominees thereof.
(3) Whenever the court determines that it is for the best interests of the estate and all persons interested therein, administration may be granted to any other person, whether interested in the estate or not.
History: L. 1939, ch. 180, § 62; July 1.
In cases of administration of a resident's estate:
(a) Letters of administration may be granted to a nonresident of this state when the nonresident has appointed an agent pursuant to K.S.A. 59-1706, and amendments thereto. When an administrator of a resident's estate becomes a nonresident, the court shall revoke such administrator's letters, until the nonresident has appointed an agent pursuant to K.S.A. 59-1706, and amendments thereto.
(b) Letters testamentary may be granted to a nonresident of this state when the nonresident has appointed an agent pursuant to K.S.A. 59-1706, and amendments thereto. When an executor of a resident's estate becomes a nonresident, the court shall revoke such nonresident's letters, until the nonresident has appointed an agent pursuant to K.S.A. 59-1706, and amendments thereto.
History: L. 1939, ch. 180, § 63; L. 1967, ch. 314, § 9; L. 1975, ch. 299, § 4; L. 1976, ch. 242, § 8; L. 2002, ch. 135, § 4; July 1.
If, after the appointment of an administrator, a will is admitted to probate, the powers of such administrator shall cease, and he or she shall proceed to final accounting. The new executor or administrator with the will annexed shall continue the administration.
History: L. 1939, ch. 180, § 64; July 1.
If the authority of the sole or surviving executor or administrator terminates before the estate is fully administered, a new administrator shall be appointed to administer the estate not already administered. Such successor shall have the same powers and duties as his or her predecessor.
History: L. 1939, ch. 180, § 65; July 1.
(a) Every petitioner who files a petition for administration or probate of a will shall give notice thereof to creditors, pursuant to an order of the court, and within 30 days after such filing. Such notice shall be published in some newspaper of the county authorized by law to publish legal notices and shall be published once a week for three consecutive weeks. A petitioner for the appointment of a successor administrator, administrator CTA or administrator DBN shall publish notice to creditors only in the event the original petitioner for administration or for the probate of a will had failed to give such notice.
(b) The personal representative of a decedent's estate shall give actual notice to known or reasonably ascertainable creditors prior to the expiration of the nonclaim statute.
(c) Notwithstanding any other notice requirements of the probate code, notice to creditors shall not be necessary if a petition for administration or probate of a will shall have been filed after the period of time prescribed by K.S.A. 59-2239, and amendments thereto, for the timely exhibit of creditors' claims.
History: L. 1939, ch. 180, § 66; L. 1972, ch. 215, § 3; L. 1975, ch. 299, § 5; L. 1976, ch. 245, § 3; L. 1989, ch. 173, § 2; L. 2024, ch. 35, § 1; July 1.
For good cause shown a special administrator may be appointed pending the appointment of an executor or administrator, after the appointment of an executor or administrator without removing the executor or administrator or pursuant to subsection (2) of K.S.A. 59-2239 as amended by this act. The appointment may be for a specified time, to perform duties respecting specific property, or to perform particular acts. The duties of a special administrator shall be stated in the order of appointment. The special administrator may be required to give bond in such sum as the court shall direct. Such administrator shall make such reports as the court shall direct, and shall account to the court upon the termination of his or her authority.
History: L. 1939, ch. 180, § 67; L. 1972, ch. 215, § 4; July 2.
History: L. 1939, ch. 180, § 68; L. 1941, ch. 284, § 2; Repealed, L. 1967, ch. 314, § 13; July 1.
History: L. 1939, ch. 180, § 69; L. 1941, ch. 284, § 3; Repealed, L. 1967, ch. 314, § 13; July 1.
The title of any purchaser in good faith, without knowledge of a will, to any real estate situated in this state, derived from the heirs of any person not domiciled in this state at the time of the person's death, shall not be defeated by the production of the will of the decedent unless a petition for the probate of such will in this state is filed within six months from the death of the testator.
History: L. 1939, ch. 180, § 70; L. 1972, ch. 215, § 5; L. 1985, ch. 191, § 11; July 1.
Administration proceedings and other procedures in this state with respect to property, tangible or intangible, of a nonresident decedent which is within the jurisdiction of this state are original proceedings or procedures conducted under the authority of this state solely, and are independent of and not ancillary to proceedings or procedures in any other state or country, and shall be had and conducted in this state as if the decedent were a resident, subject to and supplemented by the provisions in the following sections of this act [*].
History: L. 1967, ch. 314, § 1; July 1.
(a) The courts of this state have jurisdiction over all tangible and intangible property of a nonresident decedent having a situs in this state and intangible property embodied in insurance policies as authorized by subsection (b). For the purpose of such jurisdiction it is recognized as to other states and countries, and declared with respect to this state, that the situs of debts, rights and choses in action which are embodied in legal instruments such as stock certificates, bonds, negotiable instruments, insurance policies payable to an estate and other similar items is in that state or country in which such legal instruments are located, so that whatever state or country has jurisdiction of such instruments has, and of right ought to have, jurisdiction to administer upon or otherwise direct the disposition of the debts, rights and choses in action which they embody, or voluntarily relinquish such jurisdiction to other states and countries. For such purpose the situs of other debts, rights and choses in action is where the debtor is found.
(b) A person injured by a nonresident's tortious conduct in this state may petition the district court of this state for appointment of an administrator for the nonresident's estate if:
(1) The nonresident is deceased;
(2) pursuant to insurance coverage obtained on behalf of the nonresident, an insurer is wholly or partially liable for the tortious conduct of the nonresident; and
(3) either administration of the nonresident's estate has not been commenced in the decedent's state of residence, or if, such administration has been commenced, the injured person nevertheless would be denied relief because the probate laws of such state have provisions relating to the time for exhibiting demands against an estate, or other time related provisions, which have the effect of barring claims prior to the time claims would be barred by the applicable statute of limitations in this state.
History: L. 1967, ch. 314, § 2; L. 1980, ch. 166, § 5; July 1.
The law of this state respecting proceedings, procedures and substantive rights relating in any way to the property in this state of a nonresident decedent and its disposition, including by way of illustration, but not limited to, all matters relating to (i) the commencement and conduct of an administration, (ii) distributions during or at the conclusion of an administration, (iii) any trust created under the will of a nonresident decedent, shall apply as if the decedent had been a resident of this state, subject to the following: (a) Nothing in this act shall be deemed to affect:
(1) Methods of proving foreign wills or the admissibility of such wills to probate or to record. Authenticated copies of wills, proved outside of this state according to the laws in force in the place where proved, relative to any property in this state, may be admitted to probate and record in the district court of any county in this state where any part of such property may be situated; such authenticated copies so admitted and recorded shall have the same validity as wills proved in this state in conformity with the laws thereof; and upon such admission to probate the court shall determine whether administration in this state is necessary;
(2) The rights of a surviving spouse electing to accept or take against the will of a nonresident decedent, or the method of such election;
(3) The effect of divorce or the birth of a child as working or not working a revocation or partial revocation of the will of a nonresident;
(4) The effect of the contest in another jurisdiction of the will of a nonresident decedent upon its validity in Kansas;
(5) The applicability of any law in determining the validity of the execution of the will of a nonresident decedent;
(6) The determination of the ultimate burden of estate or inheritance taxes imposed by reason of the death of a nonresident decedent.
(b) Real estate situated in this state, owned by an intestate decedent who is a nonresident of this state at the time of death, shall pass by intestate succession in the same manner as though said decedent were a resident of this state at the time of said decedent's death. The personal property of such a decedent shall pass by intestate succession under the laws of the place of the decedent's residence at the time of death. Real property of a testate nonresident decedent may be devised and such decedent's personal property may be bequeathed by such decedent's last will if duly executed according to the laws of this state or of the state in which it was executed, or the state of testator's residence.
(c) Support and family allowances to surviving spouses and unmarried minor children are governed by the more liberal (to them) of the laws of the decedent's domicile and the laws of this state, but the court of this state in making such allowance and in ruling on applications for orders of refusal of letters of administration shall take into account any allowances which may be made in other jurisdictions and satisfied from property therein.
(d) Notwithstanding the requirement of this section that distribution during or at the conclusion of an administration shall be made as if the decedent were a resident, if the court finds that hardship to a creditor would result therefrom or that the best interests of all persons having an interest in the estate would be forwarded by making a distribution to a foreign personal representative, or that administration is not necessary in this state, the court may, in its discretion, order distribution to the extent it finds necessary to avoid hardship to creditors or to forward the best interest of all persons having an interest in the estate, or it may order that administration is not necessary in this state, in which event, the court may order distribution of the personal property of the decedent to a foreign personal representative and the real property of such decedent shall be assigned according to the terms of the will applicable thereto, or if the terms of the will are not applicable thereto, or if there is no will, such real property shall pass according to the laws of this state.
(e) If the aggregate of liabilities of the estate in all jurisdictions exceeds its aggregate assets, the court shall order distribution, as far as practicable, so that all the creditors of decedent's estate, here and elsewhere, may receive a share in proportion to their respective obligations, with regard being given to any preferential rights determined by the court. To this end, distribution to a foreign personal representative may be ordered if all creditors whose claims have been allowed in the administration in this state shall have received their just proportions that would be due to them if the whole of the estate of the decedent, wherever found, were divided among all creditors in proportion to their respective obligations, after applying Kansas law respecting preferences to different species of obligations, and if and to the extent that the court finds such preference to be equitable under all the circumstances of the particular case.
History: L. 1967, ch. 314, § 3; L. 1968, ch. 48, § 1; L. 1976, ch. 242, § 9; January 10, 1977.
(a) When the will of a nonresident decedent designates one or more individuals or a qualified corporation as executor, letters testamentary shall be granted to any or all of the designees as in estates of resident decedents. If such designated individual or corporation has not applied in this state for such letters, any interested person may apply for the issuance of letters testamentary and, after reasonable notice to such individual or qualified corporation of such application, the manner and nature of which is to be determined by the court, and after hearing thereon, and if such individual or corporation be found unsuitable, incompetent, or unqualified, or does not qualify within seven days after being found by the court to be entitled thereto, then the court may issue letters testamentary with will annexed to such other person, persons or corporations as in this section provided.
(b) When the nonresident decedent dies intestate or dies testate and no letters testamentary are granted as in this section heretofore provided, then letters of administration, upon proper application by an interested person, may be granted to the following persons:
(1) To the husband or wife or to the nominee of the husband or wife who is an individual or a qualified corporation of this state;
(2) To one or more individuals who are entitled to distribution of the estate, whom the court shall believe will best manage and preserve the estate, or to a nominee of one or more of those entitled to distribution of the estate. Such nominee shall be an individual or a qualified corporation of this state.
(c) If proper application by an interested person for the issuance of letters, either to the applicant or otherwise, has been made, and if the court believes that no one of the persons otherwise entitled under this section to have letters issued to such person is a competent and suitable person, then the court may grant letters to some other person or to a qualified corporation of this state.
History: L. 1967, ch. 314, § 4; L. 2010, ch. 135, § 58; July 1.
(a) The personal representative of a nonresident decedent appointed by a court of this state is entitled to possession of all real and personal property of the decedent within the jurisdiction of this state and, subject to the laws of this state and the orders of such court, is entitled to all the rights the decedent had in that property.
(b) The personal representative shall:
(1) Marshal all the decedent's personal property and shall take possession of it, to be held, administered and finally distributed as provided by law;
(2) pay the taxes and collect the rents and earnings on the property until the estate is settled or until delivered by order of the court to the heirs, devisees and legatees; and
(3) keep in tenantable repair the buildings and fixtures under the personal representative's control and may protect them by insurance. The personal representative, alone or with the heirs or devisees, may maintain an action for the possession of the real estate or to quiet title to it. The persons and corporations obligated under (including issuers of) stocks, securities or other instruments such as those described in K.S.A. 59-805 and amendments thereto, and their agents, are prohibited from obstructing in any way such possession or the exercise of such rights by such personal representative. No estate tax or inheritance tax waiver or any other authority or permission of any other state may be required by such persons, corporations or their agents as a condition to the payment or delivery of any money or property due under such instruments or to the transfer, reregistration or reissuance of stock certificates or other securities as ordered by the court.
(c) The court shall not order distribution of any intangible personal property of the decedent, or the proceeds of its sale, to any legatee, devisee or heir of the decedent unless the estate and inheritance taxes attributable to such property, which are properly assessed or assessable by any other state, have been paid, tendered or provided for, and the court so finds and declares in its order of distribution.
History: L. 1967, ch. 314, § 5; L. 1985, ch. 191, § 12; L. 2000, ch. 76, § 1; July 1.
Any person, firm or corporation upon whom no demand has been made by a personal representative or other person authorized by this state to collect a nonresident decedent's personal property may, at any time three (3) months or more after the grant of letters in another jurisdiction upon the estate of the decedent (or, lacking notice of any such grant of letters within three (3) months after his or her death, then three (3) months or more after his or her death), transfer, pay or deliver intangible personal property of the nonresident decedent to the foreign personal representative or, if none, to such other person as may be entitled thereto, and shall not be liable for the debts of or claims against the nonresident decedent or his or her estate by reason of having made such transfer, payment or delivery.
History: L. 1967, ch. 314, § 6; July 1.
Nothing in this act authorizes any "foreign corporation," as that term is defined in K.S.A. 59-1701, to act in any fiduciary capacity except as such foreign corporation is expressly permitted so to act by the provisions of K.S.A. 59-1701.
History: L. 1967, ch. 314, § 7; July 1.
If any word, phrase, clause, sentence, paragraph, subsection or section of this act be adjudged unconstitutional or void, such adjudication shall not affect the remainder of this act, and it is hereby declared to be the intention of the legislature that it would have enacted the remainder of this act with such word, phrase, clause, sentence, paragraph, subsection or section omitted.
History: L. 1967, ch. 314, § 8; July 1.
All proceedings, procedures and determinations made, under the provisions of the act of which this act is amendatory are hereby ratified, validated and confirmed.
History: L. 1968, ch. 48, § 2; March 15.
The estate of an intestate decedent without known heirs shall be administered in the same manner as the estate of any other intestate decedent, except as herein otherwise provided. The administrator, as expeditiously as possible, shall convert the personal property into money and collect the rents, income and profits from the real estate. If no one claims as heir, devisee or legatee within six months after the appointment of the administrator, the administrator shall sell the real estate and close the estate as other estates are closed and remit the net proceeds of the estate to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the escheat proceeds suspense fund. All disbursements and transfers from such fund shall be made upon special warrants of the director of accounts and reports issued pursuant to special vouchers approved by the secretary of revenue or by a person or persons designated by the secretary.
History: L. 1939, ch. 180, § 71; L. 1972, ch. 215, § 6; L. 1973, ch. 231, § 1; L. 1985, ch. 191, § 13; L. 2001, ch. 5, § 206; July 1.
Moneys deposited in the escheat proceeds suspense fund shall remain in such fund until ten (10) years after it shall have been first received, at which time it shall be paid into the state treasury and credited to the state general fund, provided no one in the meantime has established his or her right thereto as heir, devisee or legatee.
History: L. 1939, ch. 180, § 72; L. 1972, ch. 216, § 1; L. 1973, ch. 231, § 2; July 1.
Any person who claims as heir of any such decedent shall present his or her claim to the district court within ten (10) years after the appointment and qualification of the administrator, or such claim shall be forever barred. If such person establishes his or her claim it shall be allowed by the court. The court shall determine which of several claimants have established their claims and the share of the estate to which each is entitled. If at the time of such determination the estate is in the custody of the administrator, the same shall be paid or delivered to those adjudged entitled thereto, less claims previously allowed and prior demands and other items. If the proceeds of the estate have been remitted to the state treasurer, the secretary of revenue shall pay to those entitled thereto the sum or share of the estate the court has adjudged they are entitled to receive. No interest shall be allowed or paid thereon.
History: L. 1939, ch. 180, § 73; L. 1973, ch. 231, § 3; L. 1976, ch. 242, § 10; January 10, 1977.
If others later, but within ten (10) years after the appointment and qualification of the administrator, claim as heirs of any such decedent and are thereafter adjudged to be heirs of the decedent and entitled to the said estate or some part thereof, and the said estate or its proceeds or some part thereof shall have been delivered or paid to those whose claims were earlier adjudged, neither the state nor the secretary of revenue shall be liable to such claimants for money previously paid to those adjudged to be heirs of the decedent. Such later claimants whose claims were duly established shall have a cause of action in the district court against the earlier claimants whose claims were established to determine the rights of the respective parties, subject to any prior determination of descent made pursuant to article 22 of chapter 59 of Kansas Statutes Annotated.
History: L. 1939, ch. 180, § 74; L. 1973, ch. 231, § 4; July 1.
The state shall be a party to all proceedings to which K.S.A. 59-901 applies. The county attorney shall represent the state and shall diligently protect and conserve the estate for the benefit of the state, scrutinize all claims against the estate, and diligently defend against all such claims. Claimants shall have the burden of proving their claims by clear and convincing evidence. The attorney general may appear and assist the county attorney, or take charge thereof in lieu of the county attorney. The state may institute any proceedings deemed necessary or proper in the handling of such estate, and defend any proceedings instituted by another. The attorney general may appoint such persons deemed necessary to investigate, protect, conserve, defend or handle such estate, and any such estate now pending or hereafter commenced in any court of this state shall be liable in a reasonable amount for all obligations and expenses incurred by the county attorney or attorney general in protecting, conserving, investigating, defending or handling of such estate, and the same shall be allowed by the district court as costs of administration upon application of the county attorney or attorney general and due proof.
History: L. 1939, ch. 180, § 75; L. 1973, ch. 231, § 5; L. 1976, ch. 242, § 11; January 10, 1977.
The property of a partnership dissolved by the death of any of its members shall be delivered to the surviving partner who may be disposed to undertake the management of it agreeably to the conditions of a bond which such partner shall give as provided by law. Upon the giving of such bond such partner shall with due diligence: (a) Close the affairs of the late partnership; (b) apply the property of it toward the payment of the partnership debts; (c) render an account of all partnership affairs upon oath to the district court, whenever required by the court, including the property owned by the late firm and the debts due thereto, as well as what may have been paid by the survivor toward the partnership debts and what may still be due and owing; and (d) within six months from the date of death of the deceased partner, unless a longer time is allowed by the district court, pay to the executor or administrator the executor's or administrator's proportion of the net proceeds of the partnership estate.
History: L. 1939, ch. 180, § 76; L. 1972, ch. 215, § 7; L. 1976, ch. 242, § 12; L. 1985, ch. 191, § 14; July 1.
In case the surviving partner, having been duly cited for that purpose, shall neglect or refuse to give the bond required by law, the executor or administrator of the estate of the deceased partner, on giving a bond as provided by law, shall take the whole of the partnership estate into his or her possession, and shall be authorized to use the name of the survivor in collecting the debts due to the late firm if necessary, and shall with the partnership property pay the debts due from the late firm with as much expedition as possible, and return or pay to the surviving partner his or her proportion of the net proceeds of the partnership estate.
History: L. 1939, ch. 180, § 77; July 1.
Every surviving partner, on demand of the executor or administrator of a deceased partner, shall exhibit to such executor or administrator and the appraisers of the deceased partner's estate the property belonging to the partnership at the time of the death of the deceased partner, for inventory and appraisement and shall furnish him or her a verified written statement of such property described in the manner required for inventory; and in case the administration thereof shall devolve upon such executor or administrator the said survivor shall surrender to such person, on demand, all of the property of such partnership, and shall afford him or her all reasonable information and facilities for the execution of his or her trust. Willful failure or neglect by the surviving partner thus to exhibit or surrender such property, on demand, shall constitute contempt of court.
History: L. 1939, ch. 180, § 78; July 1.
An executor or administrator having the whole of the partnership estate in his or her possession, as herein provided, may sell the assets thereof at public or private sale as provided by law, and may without such possession sell the interest of the deceased partner therein in the manner aforesaid. The surviving partner shall be an eligible purchaser.
History: L. 1939, ch. 180, § 79; July 1.
The person executing the trust, whether surviving partner or executor or administrator, shall have the same duty to account and to have his or her account adjudicated as in the case of ordinary administration; and such person shall be subject to the same liabilities, remedies, and penalties with reference thereto as an ordinary administrator.
History: L. 1939, ch. 180, § 80; July 1.
Every fiduciary, except as otherwise provided in this act, before entering upon the duties of his or her trust shall execute and file a bond, with sufficient sureties, in such amount as the court directs, which amount shall not be less than 125 percent of the value of the personal property and the probable annual income from real estate which shall come into his or her possession, conditioned upon the faithful discharge of all the duties of the trust according to law.
History: L. 1939, ch. 180, § 81; July 1.
All such bonds shall run to the state of Kansas. They shall be subject to the approval of the district court and shall not be approved until the court is fully satisfied as to the sufficiency of the sureties. In case of breach of any condition thereof, an action on any such bond may be prosecuted in the name and for the benefit of any person interested.
History: L. 1939, ch. 180, § 82; L. 1976, ch. 242, § 13; January 10, 1977.
When two or more persons are appointed joint fiduciaries, the court may approve a separate bond for each or a joint bond for all.
History: L. 1939, ch. 180, § 83; July 1.
Bonds otherwise required of every fiduciary under the provisions of K.S.A. 59-1101 may be excused:
(1) When the will or trust agreement expressly waives a bond of an executor, conservator or trustee; or
(2) when all of the known heirs, if no will has been probated, or all the devisees and legatees under a will which does not waive a bond file with the court a written waiver of a bond; or
(3) by a duly appointed conservator, guardian ad litem or named trustee on behalf of his or her conservatee or cestui que trust or ward unless the conservator or trustee is the fiduciary; or
(4) when the fiduciary is a bank having trust authority or a trust company organized and having its principal place of business within the state of Kansas.
On the application of any interested party, or on its own motion, the court may at any time require bond be given.
History: L. 1939, ch. 180, § 84; L. 1965, ch. 346, § 9; L. 1975, ch. 299, § 6; January 1, 1976.
No bond shall be required from any public, religious, charitable, or educational corporation or society, or any nonprofit Kansas corporation trustee where the purpose of the trust shall be financial aid to any Kansas educational institution or for research or for the financing of scholarships or fellowships at, or for the aid either through loans, grants or otherwise to the students of such institution, unless the will provides otherwise, where devises or legacies are given to such corporation or society in trust for any of the purposes of such corporation or society nor shall such trustee be required to file inventory or make reports as required in article 16 of this code unless the same shall be necessary under the terms of the instrument establishing the trust under which it operates or unless the district court having jurisdiction shall find, on petition and after due notice and hearing, that such bonds, inventory or reports are necessary for the purpose of compelling the faithful performance of the trust by the trustee named.
History: L. 1939, ch. 180, § 85; L. 1945, ch. 235, § 1; L. 1976, ch. 242, § 14; January 10, 1977.
The court, on its own motion or upon application of any interested person, may for good cause require a fiduciary to file a new or additional bond. Thereupon the fiduciary's accounts shall be settled, and if approved the liability of the sureties on such new or additional bond shall be limited to the property then in the possession of the fiduciary, or thereafter acquired by him or her. Whenever the court shall find the bond of a fiduciary is larger than necessary, it may, by order, reduce the liability thereon to the proper amount. It may, by like order, cancel any bond found to be unnecessary.
History: L. 1939, ch. 180, § 86; July 1.
The court shall, upon application of a surety and after notice, require a fiduciary to settle his or her account and file a new bond. If such account is approved, the surety shall be discharged from liability thereafter accruing. The fiduciary shall file a new bond, to be approved by the court, and if the fiduciary fails or refuses to do so he or she shall be removed.
History: L. 1939, ch. 180, § 87; July 1.
When an heir, administrator or executor requests that a lost, destroyed or stolen certificate for nonnegotiable securities belonging to the decedent, be reissued by the issuer of such securities, the bonding requirement provided in K.S.A. 84-8-405, shall not apply to such reissuance.
History: L. 1980, ch. 166, § 1; July 1.
The court may cancel a bond issued pursuant to article 11 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, upon a motion by the bonding company showing just cause. An accounting, through the date the motion is filed, shall accompany such motion. The court shall not grant the motion until the accounting is filed and approved. Just cause shall include, but not be limited to, nonpayment of a premium.
History: L. 1988, ch. 64, § 1; July 1.
Within 30 days after the date of a personal representative's letters of appointment, unless a longer time has been granted by the court, the personal representative shall make an inventory stating opposite each item contained in the inventory the full and fair value as of the date of death of the decedent, verified by the personal representative's affidavit, of all real estate and tangible personal property owned by the decedent or conservatee and located in the state of Kansas and of all intangible property owned by the decedent or conservatee wherever located which comes to the personal representative's possession or knowledge. Such property shall be classified therein as follows:
(a) Real estate, with plat or survey description;
(b) furniture, household goods, and wearing apparel;
(c) corporation stocks, described by certificate numbers;
(d) bonds, mortgages, notes and other written evidence of debt, described by name of debtor, recording data, and other identification; and
(e) all other personal property accurately identified.
If the decedent was a member of a partnership, the inventory and valuation shall contain a separate inventory and valuation of the whole of the partnership estate and of the decedent's proportional share therein.
The court, for good cause shown, may require an earlier inventory and valuation of any estate.
History: L. 1939, ch. 180, § 88; L. 1951, ch. 336, § 1; L. 1957, ch. 321, § 3; L. 1965, ch. 346, § 10; L. 1975, ch. 299, § 7; L. 1985, ch. 191, § 15; July 1.
No independent appraisement shall be made unless a party having an interest in the estate requests one. If so requested, the personal representative shall appoint not more than three appraisers who shall be approved by the court unless good cause is shown why they should not be approved. Within 30 days after their appointment, such appraisers shall state opposite each item contained in the inventory the value thereof and forthwith deliver such inventory and appraisement, certified by them under oath, to the personal representative, who shall file it with the district court. Such appraisers shall be paid such compensation as the court deems reasonable.
History: L. 1939, ch. 180, § 89; L. 1951, ch. 337, § 1; L. 1965, ch. 346, § 11; L. 1969, ch. 280, § 1; L. 1975, ch. 299, § 8; L. 1976, ch. 242, § 15; L. 1985, ch. 191, § 16; July 1.
Whenever assets of any kind, not mentioned in the inventory that has been made, come to the knowledge or possession of the personal representative, such representative shall make an inventory thereof, stating opposite each item contained in the inventory the value thereof. The personal representative shall file such inventory with the court within 30 days after the discovery of the assets.
History: L. 1939, ch. 180, § 90; L. 1975, ch. 299, § 9; L. 1985, ch. 191, § 17; July 1.
The discharge or bequest, in a will, of any debt or demand of a testator against any person shall not be valid as against the creditors of decedent, but shall be construed only as a specific bequest of such debt or demand; and the amount thereof shall be included in the inventory of the assets of the decedent, and shall, if necessary, be applied to the payment of the decedent's debts, and other items, and if not necessary for that purpose, shall be paid in the same manner and proportion as other specific legacies.
History: L. 1939, ch. 180, § 91; July 1.
The naming of any person executor in a will shall not operate as a discharge or bequest of any just claim which the testator had against such executor, but such claim shall be included among the assets of the decedent in the inventory.
History: L. 1939, ch. 180, § 92; July 1.
Annual crops, whether severed or not from the land of the decedent at the time of death, shall be deemed personal assets in the custody of the executor or administrator and shall be inventoried and administered as such.
History: L. 1939, ch. 180, § 93; July 1.
The personal representative may employ one or more advisers to aid in valuing inventoried items. Such advisers shall be paid such compensation as the court deems reasonable.
History: L. 1939, ch. 180, § 94; L. 1949, ch. 311, § 1; L. 1957, ch. 322, § 1; L. 1961, ch. 268, § 1; L. 1975, ch. 299, § 10; L. 1985, ch. 191, § 18; July 1.
If the applicable assets of an estate are insufficient to pay in full all demands allowed against it, payment shall be made in the following classified order:
First class, the expenses of an appropriate funeral in such amount as was reasonably necessary, having due regard to the assets of the estate available for the payment of demands and to the rights of other creditors, and, following the allowance of such expenses, any claim for medical assistance paid under K.S.A. 39-709, and amendments thereto. Any part of the funeral expenses allowed as a demand against the estate in excess of the sum ascertained as above shall be paid as other demands of the fourth class.
Second class, the appropriate and necessary costs and expenses of administration and the reasonable sums for the appropriate and necessary expenses of the last sickness of decedent, including wages of servants.
Third class, judgments rendered against decedent in the decedent's lifetime, all judgments or liens upon the property of the decedent shall be paid in the order of their priority.
Fourth class, all other demands duly proved, including the cost of any appropriate tombstone or marker or the lettering thereon, in such amount as may be reasonably necessary, but whether there shall be an allowance, and if so the amount thereof, shall be determined by the court before any obligation therefor is incurred, except that debts having preference by the laws of the United States and demands having preference by the laws of this state shall be paid according to such preference.
Except as provided by this section for the first class of demands, no preference shall be given in the payment of any demand over any other demand of the same class, nor shall a demand due and payable be entitled to preference over demands not due.
History: L. 1939, ch. 180, § 95; L. 1941, ch. 284, § 4; L. 1992, ch. 150, § 8; L. 2015, ch. 42, § 14; July 1.
If any executor or administrator, within four months after having given notice of appointment, does not have notice of demands against the estate of the decedent which will authorize the executor or administrator to represent it insolvent, the executor or administrator, after the expiration of the four months, may proceed to pay the debts and other items due from the estate, according to their classification. Prior to the expiration of the period of four months, the executor or administrator shall pay the debts and other items if ordered to do so by the court, and the court may require bond or security to be given by the creditor to refund any part of such payment necessary to make payment in accordance with this section after the expiration of the period of four months.
History: L. 1939, ch. 180, § 96; L. 1941, ch. 284, § 5; L. 1972, ch. 215, § 8; L. 1985, ch. 191, § 19; July 1.
When a claimant holds any security for his or her demand, it may be allowed, conditioned upon the claimant surrendering the security or upon the claimant exhausting the security; it shall be allowed for the full amount found to be due if the security has been surrendered, or for any remaining amount found to be due if the security has been exhausted.
History: L. 1939, ch. 180, § 97; July 1.
When any assets of the estate are encumbered by mortgage, pledge, or otherwise, the executor or administrator may pay such encumbrance or any part thereof, whether or not the holder of the encumbrance has exhibited his or her demand, if it appears to be for the best interest of the estate and if the court shall have so ordered. No such payment shall increase the share of the devisee, legatee, or heir entitled to receive such encumbered assets, unless otherwise provided in the will.
History: L. 1939, ch. 180, § 98; July 1.
The executor or administrator shall: (a) Have a right to the possession of all the property of a resident decedent, except the homestead and allowances to the surviving spouse and minor children; (b) marshal all tangible personal property owned by a resident decedent located in the state of Kansas and all intangible personal property owned by a resident decedent wherever located, either directly or by ancillary administration; (c) take possession, within six months from the date of appointment, of all tangible personal property located in this state and all intangible property wherever located, to be held, administered and finally distributed as provided by law, but nothing herein shall require an executor or administrator of a resident decedent to take possession of intangible personal property being administered in another jurisdiction, if the court in which such administration is pending refuses to authorize delivery of possession; (d) pay the taxes and collect the rents and earnings on the property until the estate is settled or until delivered by order of the court to the heirs, devisees and legatees; and (e) keep in tenantable repair the buildings and fixtures under the executor's or administrator's control and may protect them by insurance. The executor or administrator, alone or with the heirs or devisees, may maintain an action for the possession of the real estate or to quiet title to it.
History: L. 1939, ch. 180, § 99; L. 1957, ch. 321, § 2; L. 1967, ch. 314, § 10; L. 1972, ch. 215, § 9; L. 1985, ch. 191, § 20; July 1.
Upon a showing of advantage to the estate, the court, with or without notice, may authorize the personal representative to continue and operate any business of a decedent for the benefit of the decedent's estate, under such conditions, restrictions, regulations and requirements and for such periods of time not exceeding six months for any one period as the court may determine. No debts incurred or contracts entered into shall involve the estate or the personal representative beyond the assets used in such business immediately prior to the death of the decedent.
History: L. 1939, ch. 180, § 100; L. 1949, ch. 312, § 1; L. 1965, ch. 346, § 12; L. 1976, ch. 244, § 1; L. 1985, ch. 191, § 21; July 1.
An executor or administrator shall have the same right to foreclose a mortgage or collect the debt secured thereby as the decedent would have had if living and the executor or administrator may complete any such proceeding commenced by such decedent.
History: L. 1939, ch. 180, § 101; July 1.
When a foreclosure sale or a sale on execution for the recovery of a debt due the estate is had, or redemption is made, the executor or administrator shall receive the money paid and execute the necessary satisfaction or release. If bid in by the executor or administrator, the real estate shall be treated as personal property, but any sale or lease shall be made pursuant to article 23. If not so sold the real estate, and if so sold or leased the proceeds, shall be assigned or distributed to the same persons and in the same proportions as if it had been a part of the personal property of the decedent.
History: L. 1939, ch. 180, § 102; July 1.
The property of a decedent, except as provided in K.S.A. 59-401 and 59-403, shall be liable for the payment of the decedent's debts and other lawful demands against the estate. When a will designates the property to be appropriated for the payment of debts or other items, it shall be applied to such purpose. Unless the will provides otherwise for the payment thereof, or unless the court shall otherwise determine pursuant to K.S.A. 59-1410 the property of the testator, subject to the payment of debts and other items, shall be applied to that purpose in the following order:
(1) Personal property not disposed of by will;
(2) real estate not disposed of by will;
(3) personal property bequeathed to the residuary legatee;
(4) real estate devised to the residuary devisee;
(5) property not specifically bequeathed or devised;
(6) property specifically bequeathed or devised.
Demonstrative legacies shall be classed as specific legacies to the extent of the payment thereof from the fund or property out of which payment is to be made, and as general legacies upon failure or insufficiency of the fund or property out of which payment was to be made to the extent of such insufficiency. The property of each class shall be exhausted before resorting to that of the next class; and all of one class shall contribute ratably if all the property of that class is not required for the payment of such debts or other items.
History: L. 1939, ch. 180, § 103; L. 1941, ch. 284, § 6; L. 1971, ch. 193, § 1; July 1.
Property specifically bequeathed may be delivered to the legatee entitled thereto upon his or her giving security for the redelivery thereof, or its appraised value, if ordered by the court so to do, to the executor or administrator; otherwise it shall remain in the custody of the executor or administrator, to be delivered or sold as may be required by law.
History: L. 1939, ch. 180, § 104; L. 1941, ch. 284, § 7; April 17.
The executor or administrator shall, within such time as the court may direct, sell the personal property, or any part thereof, belonging to the estate: (1) When the sale of such property is necessary for the payment of debts and other items, or legacies; (2) when a division thereof cannot be made in kind to those entitled thereto; or (3) when the sale thereof is to the best interests of the estate.
History: L. 1939, ch. 180, § 105; July 1.
If after the payment of legacies or distribution it becomes necessary that the same or any part thereof be refunded for the payment of debts or other items, the amount necessary to be refunded shall be apportioned among the legatees and distributees according to their liability for payment as provided in K.S.A. 59-1405.
History: L. 1939, ch. 180, § 106; July 1.
The executor or administrator may lease real estate in his or her possession for a term of not more than one year. The executor or administrator, together with the heirs and devisees having an interest therein, may lease such real estate for a term longer than one year, and they may execute an oil and gas or other mineral lease for such real estate. The income from any lease, by whatever name called, shall be received by the executor or administrator as income from such property.
History: L. 1939, ch. 180, § 107; July 1.
(a) The executor or administrator may sell real estate of a decedent (1) whenever the sale thereof is necessary for the payment of reasonable funeral expenses, expenses of last sickness, wages of servants during the last sickness, cost of administration, taxes, debts, or legacies charged upon such real estate, (2) whenever it shall be determined by the court that the real estate to be sold is a wasting asset and its retention will be detrimental to the estate and such sale is for the best interests of the estate or (3) at such other time as the court shall determine is for the best interests of the estate. The proceeds of any such sale which shall be available for distribution shall be distributed to the same persons and in the same shares as if it had remained real estate.
(b) Every conveyance of real estate of a decedent to a bona fide purchaser, pursuant to the authority of this section, shall transfer such real estate free and clear from liens and claims of all creditors of the decedent of the estate of the decedent and of the heirs, devisees and legatees of the decedent and any such liens or claims shall be transferred to the proceeds of such sale received by the executor or administrator making the same but such transferral shall not affect tax liens against the estate.
History: L. 1939, ch. 180, § 108; L. 1968, ch. 175, § 2; L. 1971, ch. 193, § 2; L. 1972, ch. 217, § 1; L. 1980, ch. 167, § 3; L. 2000, ch. 76, § 2; L. 2010, ch. 44, § 20; July 1.
The real estate liable to be sold to pay debts of a decedent shall include, so far as necessary for that purpose, all real estate conveyed by the decedent with intent to defraud his or her creditors; but no real estate so conveyed shall be taken from anyone who purchased it for a valuable consideration, in good faith, and without knowledge of the fraud, and no claim to real estate so conveyed shall be made unless within two years after the death of the grantor.
History: L. 1939, ch. 180, § 109; July 1.
Whenever a sale of some part of the real estate is necessary and by such sale the residue thereof would suffer manifest injury, the sale may be of the whole or such part thereof as necessity and the interests of the estate require.
History: L. 1939, ch. 180, § 110; July 1.
(a) If a will authorizes the executor to sell any property, the executor, or an administrator with the will annexed, may exercise such power without any order of the district court, unless the will provides otherwise. Subject to the limitations contained in K.S.A. 59-704, and amendments thereto, such power may be exercised at any time except when a proceeding to set aside or contest the will or to probate a later will of the decedent is pending.
(b) Every conveyance of real estate of a decedent to a bona fide purchaser, pursuant to the authority of this section, shall transfer such real estate free and clear from liens and claims of all creditors of the decedent of the estate of the decedent and of the heirs, devisees and legatees of the decedent and any such liens or claims shall be transferred to the proceeds of such sale received by the executor or administrator making the same but such transferral shall not affect tax liens against the estate.
History: L. 1939, ch. 180, § 111; L. 1951, ch. 338, § 1; L. 1967, ch. 315, § 1; L. 1976, ch. 242, § 16; L. 1980, ch. 167, § 4; L. 2000, ch. 76, § 3; L. 2010, ch. 44, § 21; July 1.
Every executor and administrator shall have nine (9) months from the date of his or her appointment for the settlement of the estate. An administrator de bonis non shall have such time, not exceeding nine (9) months as the court may determine. For cause shown the period herein limited may be extended by the court, not exceeding nine (9) months at a time. The executor or administrator shall not be disqualified thereafter in any way, unless removed, but he or she shall not be relieved from any loss, liability, or penalty incurred by failure to settle the estate within the time limited.
That in case any executor or administrator shall fail or refuse for a period of thirty days after the expiration of said nine (9) months to make such settlement, he or she may be cited by the court for the purpose of making such settlement unless the time therefor has been extended by the court, and all costs connected with such citation and the hearing thereon shall be assessed against such executor or administrator, and not against the estate: Provided, In the event the return of said citation shows that the executor or administrator is not within the jurisdiction of said court, said estate may be closed by the order of the court without a publication notice when there has been no prosecution thereon for a period of five (5) years. Said estate may be reopened within one (1) year thereafter upon petition by a direct heir, executor or administrator who shall be charged with the costs thereof.
History: L. 1939, ch. 180, § 112; L. 1941, ch. 284, § 17; L. 1972, ch. 215, § 10; July 2.
A testate or intestate estate which has been closed may be reopened in the manner herein provided for the purpose of:
(a) Distributing property of the decedent which was not included in the inventory of the estate and is discovered after the estate is closed; or
(b) executing or delivering a deed to real property which was transferred or sold prior to or during probate of the estate, or was distributed prior to closing of the estate, but the deed to which was not executed or was not delivered prior to closing of the estate.
History: L. 1961, ch. 274, § 1; L. 1985, ch. 192, § 1; July 1.
Any unsatisfied creditor who filed a claim as provided by law in the decedent's estate, the department of revenue of the state of Kansas, any interested party or any personal representative, legatee, devisee or heir of the decedent may petition to reopen a decedent's estate for the purposes provided by K.S.A. 59-1501a, and amendments thereto. The district court shall thereupon set the petition for hearing and require notice of the hearing as provided by K.S.A. 59-2208, and amendments thereto.
At the hearing, upon evidence and review of the court record, the court shall determine and order the distribution of the property or the execution or delivery of the deed in accordance with the journal entry of final settlement in the estate and the evidence before the court. The hearing upon the reopened estate shall then be summarily reclosed.
The hearing provided for in this section may be continued by the court from time to time in the discretion of the court.
Upon final reclosing hereunder of an estate which includes real estate, the court shall transmit a certified copy of the journal entry of final reclosing to the county clerk and the county clerk shall enter it on the transfer record in the county clerk's office.
History: L. 1961, ch. 274, § 2; L. 1976, ch. 242, § 17; L. 1985, ch. 192, § 2; L. 1985, ch. 191, § 22; L. 1989, ch. 173, § 3; July 1.
Every executor or administrator shall present a verified account of administration within the time limited and make application to the court to settle and allow his or her account and to assign the estate to the persons entitled thereto. The executor or administrator shall also account at such other times as the court may require.
History: L. 1939, ch. 180, § 113; July 1.
If at any time prior to final settlement it appears that there is sufficient money to satisfy all the demands against an estate, the executor or administrator, on order of the court, may make payment of legacies and distribution of shares, except that specific legacies shall be first satisfied. If any demands are not yet barred or six months have not passed since the date of death, no executor or administrator shall be compelled to pay legacies or make distribution unless ordered to do so by the court and until bond or security is given by the legatee or distributee to refund the legatee's or distributee's due proportion of any demand which may afterward be established against the estate and the cost of its recovery, except that upon petition of the executor or administrator, or upon petition of a legatee or distributee with the approval of the executor or administrator, the court may waive the requirement that bond or security be given by the legatee or distributee. Notwithstanding the foregoing provisions of this section, whenever any executor or administrator of an estate has been served prior to settlement with an order of garnishment having the effect of attaching and creating a first and prior lien upon any property or funds within the estate to which any person is or may become entitled as a legatee or distributee upon settlement and distribution of the estate, the executor or administrator shall not deliver or pay over any such property or funds to that legatee or distributee until further order of the court from which the order of garnishment was issued.
History: L. 1939, ch. 180, § 114; L. 1971, ch. 194, § 1; L. 1972, ch. 222, § 13; L. 1972, ch. 215, § 11; L. 1985, ch. 191, § 23; July 1.
Whenever a decedent by will makes a provision for the compensation of his or her executor, that shall be taken as such executor's full compensation, unless the executor files a written instrument, renouncing all claim to the compensation provided for in the will. Whenever any person named in a will or codicil defends it, or prosecutes any proceedings in good faith and with just cause, for the purpose of having it admitted to probate, whether successful or not, or if any person successfully opposes the probate of any will or codicil, such person shall be allowed out of the estate his or her necessary expenses and disbursements in such proceedings, together with such compensation for such person's services and those of his or her attorneys as shall be just and proper.
Any heir at law or beneficiary under a will who, in good faith and for good cause, successfully prosecutes or defends any other action for the benefit of the ultimate recipients of the estate may be allowed his or her necessary expenses, in the discretion of the court, including a reasonable attorney's fee.
History: L. 1939, ch. 180, § 115; L. 1941, ch. 284, § 16; L. 1975, ch. 299, § 11; January 1, 1976.
Whenever any bequest or devise is made to a testamentary trustee, the executor or administrator shall not be discharged, unless the will provides otherwise, until a trustee has qualified in a court of competent jurisdiction and until proof of such qualification has been made and a receipt by the trustee has been filed, except as otherwise provided. No executor or administrator who has received any funds for death by wrongful act shall be discharged until he or she has filed a certified copy of the order, judgment or decree of distribution of the court wherein such funds were recovered, and receipts from the persons entitled to such funds, or copies thereof certified by the clerk of such court. No executor or administrator who has been served with an order of garnishment, seeking to attach any funds or property of the estate to which the defendant in the garnishment proceedings is or may become entitled as a legatee or distributee of the estate, shall be discharged until obligations as garnishee shall have been satisfied in compliance with the order of garnishment and any further orders of the court from which said order of garnishment was issued.
History: L. 1939, ch. 180, § 116; L. 1972, ch. 222, § 14; March 25.
When by will the use or income of personal property is given to a person for a term of years or for life, and another person has an interest in such property as remainderman, the court, unless the will provides otherwise, may order such property to be delivered to the person having the limited estate, or to be held by the executor or some other person as trustee for the benefit of the person having the limited estate. Bond may be required of the person to whom the property is delivered or by whom it is held, in the first instance or at any time prior to the termination of the limited estate.
History: L. 1939, ch. 180, § 117; July 1.
Whenever it is established that the estate of a decedent, exclusive of the homestead and allowances to the spouse and minor children, does not exceed the amounts required for funeral expenses, expenses of last sickness, wages of servants during the last sickness, costs of administration, debts having preference under the laws of the United States or this state, and taxes, the executor or administrator may by order of the court pay the same in the order named, and present his or her account with an application for the settlement and allowance thereof. Thereupon the court with or without notice, may adjust, correct, settle, allow or disallow such account, and if the account is allowed, summarily determine the heirs, legatees, and devisees, and close the administration.
History: L. 1939, ch. 180, § 118; July 1.
(a) If not less than 180 days after the death of an individual entitled at the time of death to a monthly benefit or benefits under title II of the social security act or under any veterans administration program or public or private retirement or annuity plan, all or part of the amount of such benefit or benefits, not in excess of $10,000, is paid to: (1) The surviving spouse; (2) one or more of the deceased's children, or descendants of the deceased's deceased children; (3) the deceased's father or mother; or (4) the deceased's brother or sister. Preference shall be given in the order named if more than one request for payment has been made by or for the named individuals. Such payment shall be deemed to be a payment to the personal representative of the decedent and shall constitute a full discharge and release from any further claim for such payment to the same extent as if such payment had been made to an executor or administrator of the decedent's estate.
(b) The provisions of subsection (a) shall apply only if an affidavit has been made and filed with the appropriate governmental office or private company responsible for the benefit by the surviving spouse or other relative by whom or on whose behalf request for payment is made and such affidavit shows: (1) The date of death of the deceased; (2) the relationship of the affiant to the deceased; (3) that no executor or administrator for the deceased has qualified or been appointed; and (4) that, to the affiant's knowledge, there exists at the time of the filing of such affidavit, no relative of a closer degree of kindred to the deceased than the affiant.
History: L. 1967, ch. 322, § 1; L. 1979, ch. 179, § 1; L. 1985, ch. 191, § 24; L. 2000, ch. 25, § 3; L. 2023, ch. 77, § 6; July 1.
(a) When a resident of the state dies, whether testate or intestate, if the total assets of the estate of the decedent subject to probate do not exceed $75,000 in value, any personal property of whatever nature transferable to the decedent's estate by any entity or person shall be transferred to a person claiming to be a successor of the decedent, or in a manner as directed by the successor, without having been granted letters of administration or letters testamentary, upon such successor furnishing the entity or person with an affidavit showing entitlement thereto.
(b) Transfer of such personal property to the successor or successors shall be deemed to be a transfer to the personal representative of the decedent, and the receipt of the successor or successors shall constitute a full discharge and release from any further claim for such transfer to the same extent as if the transfer had been made to an executor or administrator of the decedent's estate. The affidavit required herein shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
(c) As used in this section, "successor" means a person:
(1) Entitled to the property by will or by intestate succession; or
(2) nominated as a personal representative under the decedent's will.
History: L. 1980, ch. 166, § 7; L. 1985, ch. 191, § 25; L. 1987, ch. 210, § 1; L. 2000, ch. 25, § 4; L. 2005, ch. 101, § 2; L. 2007, ch. 28, § 1; L. 2008, ch. 14, § 3; L. 2023, ch. 77, § 7; L. 2024, ch. 35, § 2; July 1.
If any part of the money on hand has not been paid over because the person entitled thereto cannot be found or refuses to accept the same, or for any other good and sufficient reason, the district court may order the executor or administrator to pay the same to the county treasurer for the same disposition as is provided by K.S.A. 20-2801 for moneys received from forfeitures, except that if the person to whom said sum is ordered to be paid refuses to accept the same when it is tendered such person by the executor or administrator, the court may, either before or after the sum has been deposited, order the same to be paid and distributed to those who would be entitled thereto had the refusing legatee or distributee not been entitled to it.
Upon application to the district court within ten (10) years after such deposit, and upon notice to the county attorney and the county treasurer, the court may order the county treasurer to pay the same to the person entitled thereto. No interest shall be allowed or paid thereon, and if the deposit is not claimed within such time no recovery thereof can be had.
History: L. 1939, ch. 180, § 119; L. 1973, ch. 106, § 14; L. 1976, ch. 242, § 18; January 10, 1977.
Within thirty (30) days after it is the duty of the first qualifying testamentary trustee to take possession of the trust property such trustee shall file with the district court where the will was admitted to probate an inventory under oath, showing by item all the trust property which shall have come to such trustee's possession or knowledge, with an estimated value thereof.
History: L. 1939, ch. 180, § 120; L. 1976, ch. 242, § 19; January 10, 1977.
Within such period of time as shall be established by rule of the supreme court, the testamentary trustee then in office shall file with the district court of the county where the will was admitted to probate an intermediate account under oath covering such year showing:
(a) The period which the account covers;
(b) a complete statement of the trust capital and income received and expended;
(c) present investments and other trust property held;
(d) the names and addresses of the beneficiaries and which of them are minors or adjudged disabled persons;
(e) proposed distributions;
(f) the payment of expenses, commissions and attorney fees; and
(g) such other facts as the court may require.
History: L. 1939, ch. 180, § 121; L. 1965, ch. 346, § 13; L. 1976, ch. 242, § 20; L. 1985, ch. 191, § 26; July 1.
Within thirty (30) days after the termination of every testamentary trust the trustee, and in the case of the transfer of the trusteeship due to the death, resignation, removal, dissolution, merger or consolidation of a sole trustee, the successor in interest of the old trustee shall file with the district court of the county where the will was admitted to probate a final account under oath, showing for the period since the filing of the last account the facts required by K.S.A. 59-1602, regarding intermediate accountings and, in case of termination of the trust, the distribution of the trust property which the accountant proposes to make.
History: L. 1939, ch. 180, § 122; L. 1976, ch. 242, § 21; January 10, 1977.
Within thirty days after the distribution of the trust property by the testamentary trustee he or she shall file in the court where the final account was filed a distribution account of the trust property which he or she had distributed and the receipts of the distributees.
History: L. 1939, ch. 180, § 123; July 1.
Within thirty (30) days after it is the duty of the first qualifying trustee of a trust created by written instrument, other than by will, in favor of persons subject to conservatorship, to take possession of the trust property such trustee shall file in the district court of the county where the trust was created a notice of such trustee's appointment as trustee, a copy of the instrument creating the trust, a list of the names, addresses and dates of birth of the known living beneficiaries, and an inventory under oath of the trust property which shall come to such trustee's possession or knowledge, with an estimated value thereof.
History: L. 1939, ch. 180, § 124; L. 1965, ch. 346, § 14; L. 1976, ch. 242, § 22; January 10, 1977.
Every such trustee shall file intermediate, final, and distribution accounts with the district court of the county where the trust was created, at the same intervals, under the same conditions and with the same effect as herein provided with respect to the accountings of a testamentary trustee in the district court.
History: L. 1939, ch. 180, § 125; L. 1976, ch. 242, § 23; January 10, 1977.
The testator or settlor of any trust affected by this article, may by provision in the instrument creating the trust, or by an amendment of the trust if a settlor reserved the power to amend the trust, relieve his or her trustee from any or all of the duties which would otherwise be placed upon him or her by this article, or add duties to those imposed by this article on his or her trustee with regard to inventories and accountings: Provided, That the court may, upon the application of any beneficiary or some person in his or her behalf, require the performance of the duties herein otherwise required. No expression of intent by any testator or settlor shall affect the jurisdiction of the courts of this state over inventories and accounts of trustees, insofar as such jurisdiction does not depend upon the provisions of this article.
History: L. 1939, ch. 180, § 126; July 1.
Subject to the approval of the court, any beneficiary, if of full age and not an incapacitated person, may, if acting upon full information, by written instrument delivered to the trustee, excuse the trustee as to such beneficiary from performing any of the duties imposed on the trustee by this article or exempt the trustee from liability to such beneficiary for failure to perform any of the duties imposed upon the trustee by the terms of this article.
History: L. 1939, ch. 180, § 127; L. 1965, ch. 346, § 15; January 1, 1966.
Nothing in this article shall be construed to abridge the power of any court to require trustees to file an inventory, to account, to exhibit the trust property, or to give beneficiaries information or the privilege of inspection of trust records and papers, at times other than those herein prescribed; and nothing in this article shall be construed to abridge the power of such court for cause shown to excuse a trustee from performing any or all of the duties imposed on him or her by this article.
Nothing in this article shall prevent the trustee from accounting voluntarily when it is reasonably necessary, even though the trustee is not required to do so by this article or by court order. And nothing in this act shall require a trustee to qualify or to file an inventory or any accounting when the devise or bequest is to any governmental unit or department or solely for religious, charitable, or educational purposes, or for the maintenance of a cemetery or any part thereof or a place of burial, unless the court for good cause shown, or the will shall so require.
History: L. 1939, ch. 180, § 128; July 1.
Any beneficiary may apply to the court for an order requiring the trustee to perform the duties imposed upon him or her by this article.
History: L. 1939, ch. 180, § 129; July 1.
This article shall apply only to trusts the administration of which shall begin after the effective date of this act.
History: L. 1939, ch. 180, § 130; July 1.
(a) No bank, savings and loan association or other corporation shall be appointed or authorized directly or indirectly to act as a fiduciary in this state except:
(1) A bank, savings and loan association or other corporation organized under the laws of, and having its principal place of business in, this state;
(2) a national bank, federal savings bank or federal savings and loan association located in this state;
(3) a bank, savings and loan association or other corporation organized under the laws of, and having its principal place of business in, another state which permits a bank, savings and loan association or other corporation which is similarly organized in this state to act in a like fiduciary capacity in the other state under similar conditions;
(4) a national bank, federal savings bank or federal savings and loan association located in another state which permits a national bank, federal savings bank or federal savings and loan association located in this state to act in a like fiduciary capacity in the other state under similar conditions;
(5) a nonprofit corporation certified in accordance with K.S.A. 59-30,112, and amendments thereto, to the extent provided by that statute; or
(6) as provided in K.S.A. 59-1707 and 59-1708, and amendments thereto.
(b) No officer, employee or agent of a bank, savings and loan association or corporation which is not authorized to act as a fiduciary in this state shall be permitted to act as a fiduciary, whether such officer, employee or agent is a resident or a nonresident of this state, when in fact such officer, employee or agent is acting as a fiduciary on behalf of such bank, savings and loan association or corporation.
(c) No bank, savings and loan association or other corporation, other than a nonprofit corporation certified in accordance with K.S.A. 59-30,112, and amendments thereto, shall be appointed guardian of the person of a ward.
History: L. 1939, ch. 180, § 131; L. 1967, ch. 314, § 11; L. 1981, ch. 226, § 1; L. 1985, ch. 193, § 1; L. 2002, ch. 114, § 59; L. 2025, ch. 40, § 149; January 1, 2026.
Except as otherwise provided, every fiduciary, before entering upon the duties of the fiduciary's trust, shall take and subscribe to an oath that the fiduciary will faithfully, impartially and to the best of the fiduciary's ability discharge all the duties of the fiduciary's trust according to law and that the fiduciary is acting on the fiduciary's own behalf and not on behalf of any bank or corporation which is not authorized to act as a fiduciary in this state. An oath shall not be required for any fiduciary of a trust where qualification of the fiduciary with the court has been excused, waived or is otherwise not required. The oath on behalf of a corporate fiduciary shall be taken and subscribed by a duly authorized officer thereof.
History: L. 1939, ch. 180, § 132; L. 1981, ch. 226, § 2; L. 1988, ch. 200, § 1; July 1.
No fiduciary shall make a profit by the increase, nor suffer loss by the decrease or destruction without such fiduciary's fault, of any part of the estate, and such fiduciary shall account for the excess when he or she sells for more than the appraisement and shall not be responsible for the loss when he or she sells for less, if such sale appears to be beneficial to the estate.
A fiduciary shall not be responsible for any loss happening by the insolvency of any purchaser, or his or her sureties, for any sale duly made according to law, if such fiduciary proceeded with due caution in taking surety, and has used due diligence to collect thereon.
A fiduciary shall not be accountable for debts due the decedent or conservatee which remain uncollected without fault on such fiduciary's part, but where a fiduciary neglects or unreasonably delays to raise money by collecting debts or selling property, or neglects to pay over the money in his or her hands and by reason thereof the value of the estate is lessened, or unnecessary costs, interest, or penalties accrue, or the persons interested suffer loss, the same shall be deemed waste and the fiduciary shall be charged in his or her account with the damages sustained. A fiduciary shall not purchase any claim against the estate nor shall a fiduciary purchase directly or indirectly or be interested in the purchase of any property sold by such fiduciary, except as hereinafter provided.
Any sale, lease or mortgage to the personal representative, his or her spouse, child or grandchild, agent or attorney in fact, or to any corporation in which he or she has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable unless: (1) The will or a contract entered into by the decedent expressly authorized the transaction; or (2) the transaction is approved by the court after hearing upon notice to interested persons.
History: L. 1939, ch. 180, § 133; L. 1965, ch. 346, § 16; L. 1975, ch. 299, § 12; January 1, 1976.
If any person embezzles or converts to his or her own use any of the personal property of a decedent or conservatee, such person shall be liable for double the value of the property so embezzled or converted.
History: L. 1939, ch. 180, § 134; L. 1965, ch. 346, § 17; January 1, 1966.
When it appears in the administration of an estate of a decedent or a conservatee that subjects, citizens or nationals of any foreign country are or may be interested as heirs, devisees, legatees, or otherwise, the court before whom the matter is pending shall give notice by mail to the consular representative of such country for this state of the pendency of such matter and the probable interest of such foreign citizens, subjects, and nationals therein, if such consular representative has filed his or her name and address in such court. The failure to give such notice shall not affect the validity of any proceeding.
History: L. 1939, ch. 180, § 135; L. 1965, ch. 346, § 18; January 1, 1966.
Every nonresident appointed a fiduciary in this state, before entering upon the duties of the trust, shall appoint in writing an agent residing in the county where the appointment is made. By such writing, the nonresident fiduciary consents that the service of any notice or process upon such agent shall have the same force and effect as personal service upon the fiduciary within such county and state. Such writing shall state the correct address of such agent and shall be filed in the district court where such appointment is made. Such writing shall include written acceptance of such appointment by the designated agent. Service of notice or process upon such agent shall have the same force and effect as personal service upon the fiduciary.
History: L. 1939, ch. 180, § 136; L. 1976, ch. 242, § 24; L. 2002, ch. 135, § 5; July 1.
Upon the filing for record in the district court of the proper county of an authenticated copy of a fiduciary's letters or other record of a fiduciary's authority and a certificate that they are still in force, a fiduciary appointed by a court of competent jurisdiction in another state or country may assign, extend, release, satisfy or foreclose any mortgage, judgment or lien, or collect any debts secured thereby, belonging to the estate represented by such fiduciary. The sale, lease or mortgage of any real estate acquired on execution or judicial sale by a foreign personal representative shall be made pursuant to article 23 of chapter 59.
History: L. 1939, ch. 180, § 137; L. 1976, ch. 242, § 25; L. 1985, ch. 191, § 27; July 1.
A fiduciary duly appointed in any other state or country may sue or be sued in any court in this state, in his or her capacity of fiduciary, in like manner and under like restrictions as a nonresident may sue or be sued.
History: L. 1939, ch. 180, § 138; July 1.
A fiduciary may resign his or her trust at any time, but the fiduciary's resignation shall not be effective until the court shall have examined and allowed his or her final account and shall have made an order accepting such resignation.
History: L. 1939, ch. 180, § 139; July 1.
The acceptance of the resignation of a fiduciary and the appointment of another shall not affect the liability of such former fiduciary, or his or her sureties, previously incurred.
History: L. 1939, ch. 180, § 140; July 1.
Whenever a fiduciary is or becomes an incapacitated person or otherwise incapable of performing the duties of his or her trust, he or she may be removed. Whenever a fiduciary fails or refuses to perform any of the duties imposed upon him or her by law or by any lawful order of the court, he or she may be removed and his or her compensation may be reduced or forfeited, in the discretion of the court.
History: L. 1939, ch. 180, § 141; L. 1965, ch. 346, § 19; January 1, 1966.
Whenever a sole or the last surviving fiduciary dies, or is adjudged an incapacitated person, the fiduciary's personal representative, upon appointment, shall file an account and application for the settlement and allowance thereof and, if proper, for distribution. If the estate has not been fully administered, the surety shall not be discharged until a successor has been appointed and qualified and receipted for the unadministered property.
History: L. 1939, ch. 180, § 142; L. 1965, ch. 346, § 20; L. 1985, ch. 191, § 28; July 1.
All the acts of a fiduciary as such, before the termination of his or her authority, shall be as valid to all intents and purposes as if such fiduciary had continued lawfully to execute the duties of his or her trust.
History: L. 1939, ch. 180, § 143; July 1.
Whenever it appears for the best interests of the estate, the fiduciary may, on order of the court, effect a fair and reasonable compromise with any debtor or other obligor.
History: L. 1939, ch. 180, § 144; July 1.
When any person legally bound by a written instrument to make a conveyance or lease dies before its making, or when any conservatee is likewise bound to make a conveyance or lease, the personal representative of the estate, upon order of the court and with its approval, may make the conveyance or lease to the person entitled thereto. Whenever any person is legally bound by a written instrument to purchase real property and such person dies before the conveyance is made, the personal representative of the estate is authorized, upon order of the court and with its approval, to comply with the terms of the agreement and to accept the title to such property.
History: L. 1939, ch. 180, § 145; L. 1959, ch. 243, § 1; L. 1965, ch. 346, § 21; L. 1985, ch. 191, § 29; July 1.
Whenever it is for the best interests of the estate of a decedent or conservatee, real estate may, with the approval of the court, be platted by the fiduciary.
History: L. 1939, ch. 180, § 146; L. 1965, ch. 346, § 22; January 1, 1966.
Every fiduciary shall be allowed his or her necessary expenses incurred in the execution of his or her trust, and shall have such compensation for services and those of his or her attorneys as shall be just and reasonable. At any time during administration the fiduciary may apply to the court for an allowance upon his or her compensation and upon attorneys' fees.
History: L. 1939, ch. 180, § 147; July 1.
Whenever any fiduciary has paid or transferred to the persons entitled thereto all of the property of the estate, paid all taxes required to be paid by the fiduciary and has filed proof thereof, and has complied with all the orders and decrees of the court and with the provisions of law, and has otherwise fully discharged his or her trust, the court shall finally discharge the fiduciary and his or her sureties.
History: L. 1939, ch. 180, § 148; July 1.
History: L. 1939, ch. 180, § 149; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 150; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 151; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 152; L. 1949, ch. 313, § 1; L. 1961, ch. 269, § 1; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 153; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 154; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 155; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 156; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 157; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 158; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 159; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 160; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 161; L. 1959, ch. 244, § 1; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 162; L. 1976, ch. 242, § 26; Repealed, L. 1984, ch. 208, § 1; July 1.
History: L. 1939, ch. 180, § 163; L. 1965, ch. 346, § 23; Repealed, L. 1984, ch. 208, § 1; July 1.
History: L. 1939, ch. 180, § 164; L. 1965, ch. 346, § 24; Repealed, L. 1984, ch. 208, § 1; July 1.
History: L. 1939, ch. 180, § 165; L. 1953, ch. 391, § 33; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1939, ch. 180, § 166; L. 1945, ch. 236, § 1; L. 1947, ch. 314, § 1; L. 1951, ch. 339, § 1; L. 1957, ch. 323, § 1; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1939, ch. 180, § 167; L. 1951, ch. 340, § 1; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1939, ch. 180, § 168; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1939, ch. 180, § 169; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
(a) A person's spouse and the parents of a person who is a minor shall be bound by law to support the person if the person is committed to, admitted to, transferred to or received as a patient at a state institution. Payment for the maintenance, care and treatment of any patient in a state institution irrespective of the manner of such patient's admission shall be paid by the patient, by the conservator of such patient's estate or by any person bound by law to support such patient. The secretary for aging and disability services may recover the basic maximum charge established as provided for in subsection (a) of K.S.A. 59-2006b, and amendments thereto, or the actual per patient costs established as provided in subsection (b) of K.S.A. 59-2006b, and amendments thereto, as compensation for the maintenance, care and treatment of a patient from such patient when no legal disability exists, or from the estate of such patient or from any person bound by law to support such patient.
(b) The secretary for aging and disability services shall periodically and not less than once during each fiscal year make written demand upon the patient or person liable for the amount claimed by the secretary to have accrued since the last demand was made, and no action shall be commenced by the secretary against such patient or such patient's responsible relatives for the recovery thereof unless such action is commenced within three years after the date of such written demand. When any part of the amount claimed to be due has been paid or any acknowledgment of an existing liability, debt or claim, or any promise to pay the same has been made by the obligor, an action may be brought in such case within three years after such payment, acknowledgment or promise, but such acknowledgment or promise must be in writing signed by the party to be charged thereby. If there are two or more joint debtors, no one of whom is entitled to act as the agent of the others, no such joint debtor shall lose the benefit of the statute of limitations so as to be chargeable by reason of any acknowledgment, promise or payment made by any other or others of them, unless done with the knowledge and consent of, or ratified by, the joint debtor sought to be charged. The secretary may accept voluntary payments from patients or relatives or from any source, even though the payments are in excess of required amounts and shall deposit the same as provided by law.
(c) The secretary for aging and disability services shall have the power to compromise and settle any claim due or claimed to be due from such patient or such patient's relatives who are liable for the patient's care, maintenance and treatment and upon payment of a valuable consideration by the patient or the persons bound by law to support such patient, may discharge and release the patient or relative of any or all past liability herein. Whenever the secretary shall negotiate a compromise agreement to settle any claim due or claimed to be due from a patient or such patient's relatives responsible under this act to support the patient, no action shall thereafter be brought or claim made for any amounts due for the care, maintenance and treatment of such patient incurred prior to the effective date of the agreement entered into, except for the amounts provided for in the agreement if the provisions of such compromise agreement are faithfully performed. In the event the terms and conditions of such compromise agreement are not complied with, such failure to comply shall serve to revive and reinstate the original amount of the claim due before negotiation of such compromise agreement, less amounts paid on the claim.
(d) The secretary for aging and disability services may contract with an attorney admitted to practice in this state or with any debt collection agency doing business within or without this state to assist in the collection of amounts claimed to be due under the provisions of this section. The fee for services of such attorney or debt collection agency shall be based on the amount of moneys actually collected. No fee shall be in excess of 50% of the total amount of moneys actually collected. All funds collected less the fee for services as provided in the contract shall be remitted to the secretary for aging and disability services within 45 days from the date of collection.
Contracts entered pursuant to this section may be negotiated by the secretary for aging and disability services and shall not be subject to the competitive bid requirements of K.S.A. 75-3739 through 75-3741, and amendments thereto.
(e) Before entering into a contract with a debt collection agency under subsection (d), the secretary for aging and disability services shall require a bond from the debt collection agency in an amount not in excess of $100,000 guaranteeing compliance with the terms of the contract.
(f) A debt collection agency entering into a contract with the secretary for aging and disability services for the collection of amounts claimed to be due under this section shall agree that it is receiving income from sources within the state or doing business in the state for purposes of the Kansas income tax act.
(g) As used in this section, "state institution" has the meaning provided by K.S.A. 59-2006b, and amendments thereto.
(h) When a minor becomes a patient of a state institution, an assignment of all past, present and future support rights of the minor which are possessed by either parent or any other person entitled to receive support payments for the minor is conveyed by operation of law to the secretary for aging and disability services. The assignment of support rights shall be effective upon the minor's admission as a patient of any state institution, regardless of the manner of admission, without the requirement that any written assignment or similar document be signed by the parent or other person entitled to receive support payments for the minor. When a minor becomes a patient of a state institution, the parent or other person entitled to receive support payments for the minor is also deemed to have appointed the secretary for aging and disability services or the secretary's designee, as attorney in fact to perform the specific act of negotiating and endorsing all drafts, checks, money orders or other negotiable instruments representing support payments on behalf of the minor. This limited power of attorney shall remain in effect until the assignment of support rights has been terminated in full. For any minor who is a patient of a state institution on the effective date of this act and whose past, present and future support rights are not assigned to the secretary for aging and disability services, the assignment of support rights and limited power of attorney shall be effective on the effective date of this act if notice of the assignment is sent to the person otherwise entitled to receive support payments for the minor.
The assignment of support rights provided in this section shall remain in full force and effect until the minor is no longer a patient of a state institution. When the minor is no longer a patient of a state institution, the assignment shall remain in effect as to unpaid support obligations due and owing as of the last day of the month in which the minor ceases to be a patient, until the claim of the secretary for aging and disability services for the maintenance, care and treatment of the minor is satisfied. Nothing in this section shall affect or limit the rights of the secretary for aging and disability services under any assignment pursuant to K.S.A. 39-709, and amendments thereto.
History: L. 1939, ch. 180, § 170; L. 1941, ch. 284, § 18; L. 1951, ch. 340, § 2; L. 1958, ch. 52, § 1 (Budget Session); L. 1965, ch. 349, § 1; L. 1967, ch. 474, § 1; L. 1969, ch. 281, § 1; L. 1974, ch. 237, § 1; L. 1984, ch. 209, § 1; L. 1992, ch. 312, § 29; L. 2014, ch. 115, § 198; July 1.
History: L. 1951, ch. 340, § 3; Repealed, L. 1967, ch. 474, § 4; July 1.
(a) At least annually, the secretary for aging and disability services shall establish the basic maximum rate of charge for treatment of patients in each state institution, except that such rates shall not exceed projected hospital costs of the state institution, including the allocated costs of services by other state agencies, as determined by application of generally acceptable hospital accounting principles. In determining these rates, the secretary shall compute the average daily projected operating cost of treatment of all patients in each state institution and shall set a basic maximum rate of charge for each and every patient in each state institution and each such patient's responsible relatives at the average daily projected operating cost of each institution so computed. When established pursuant to this section, each such rate shall be published in the Kansas register by the secretary and thereafter, until a subsequent rate is published as provided in this section, the rates last published shall be the legal rate of charge. All courts in this state shall recognize and take judicial notice of the procedure and the rates established under this section.
(b) In lieu of the procedure for computing the basic maximum rate of charge established under subsection (a), the secretary for aging and disability services may authorize any state institution to compute an individual patient charge on the basis of rates for services based on cost incurred by such state institution as determined by application of generally acceptable hospital accounting principles.
(c) As used in this section, "state institution" means the Osawatomie state hospital, Larned state hospital, including the state security hospital, Parsons state hospital, south central regional mental health hospital, including the extension state security hospital and the Kansas neurological institute.
History: L. 1967, ch. 474, § 2; L. 1969, ch. 281, § 2; L. 1974, ch. 237, § 2; L. 1978, ch. 349, § 5; L. 1981, ch. 227, § 1; L. 1981, ch. 324, § 17; L. 1988, ch. 201, § 1; L. 2014, ch. 115, § 199; L. 2025, ch. 90, § 9; July 1.
Any patient or his or her relative liable for his or her support under this act may appeal to the secretary for aging and disability services pursuant to K.S.A. 75-3306, and amendments thereto, from any decision of the state hospital or employee of the Kansas department for aging and disability services in compromising or refusing to compromise a claim against said patient or relative for the cost of treatment of such patient.
History: L. 1967, ch. 474, § 3; L. 1974, ch. 237, § 3; L. 2014, ch. 115, § 200; July 1.
History: L. 1939, ch. 180, § 171; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1939, ch. 180, § 172; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1939, ch. 180, § 173; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1939, ch. 180, § 174; L. 1951, ch. 341, § 1; L. 1953, ch. 274, § 1; L. 1965, ch. 346, § 25; L. 1968, ch. 201, § 1; L. 1976, ch. 242, § 27; L. 1982, ch. 182, § 136; L. 1985, ch. 114, § 26; L. 1987, ch. 151, § 2; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1939, ch. 180, § 175; L. 1967, ch. 316, § 1; L. 1979, ch. 180, § 1; L. 1983, ch. 140, § 43; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1939, ch. 180, § 176; L. 1976, ch. 242, § 28; Repealed, L. 1990, ch. 145, § 38; July 1.
Revisor's Note: Later act, see 38-1129.
History: L. 1982, ch. 182, § 147; L. 1983, ch. 140, § 44; Repealed, L. 1985, ch. 114, § 30; July 1.
K.S.A. 59-2111 through 59-2143 shall be known and may be cited as the Kansas adoption and relinquishment act.
History: L. 1990, ch. 145, § 1; July 1.
As used in K.S.A. 59-2111 through 59-2143, and amendments thereto:
(a) "Adult adoption" means the adoption of an individual who has attained the age of majority;
(b) "agency adoption" means the adoption of a minor child where an agency has the authority to consent to the adoption;
(c) "independent adoption" means the adoption of a minor child where the child's parent or parents, legal guardian or nonagency person in loco parentis has the authority to consent to the adoption, but does not include a stepparent adoption;
(d) "stepparent adoption" means the adoption of a minor child by the spouse of a parent with the consent of that parent;
(e) "residence of a child" and "place where a child resides" means the residence of any parent;
(f) "agency" means any public or private entity organized pursuant to Kansas law, or organized pursuant to the laws of the jurisdiction where located, having for its purpose the care and maintenance of children, being authorized to place children for adoption, consent to the adoption and to stand in loco parentis to such children until they are adopted or reach majority;
(g) "person in loco parentis" means an individual or organization vested with the right to consent to the adoption of a child pursuant to relinquishment or an order or judgment by a district court of competent jurisdiction;
(h) "party in interest" means:
(1) A parent whose parental rights have not been terminated;
(2) a prospective adoptive parent;
(3) an adoptive parent;
(4) a legal guardian of a child;
(5) an agency having authority to consent to the adoption of a child;
(6) the child sought to be adopted, if over 14 years of age and of sound intellect; or
(7) an adult adoptee; and
(i) "professional" means any person who receives payment or compensation, but not solely reimbursement for expenses, for providing services related to the placement of children for adoption.
History: L. 1990, ch. 145, § 2; L. 2018, ch. 118, § 2; July 1.
Any adult, or married adult couple jointly, may adopt any minor or adult as their child in the manner provided in K.S.A. 59-2111 through 59-2143, and amendments thereto, except that one spouse cannot do so without the consent of the other.
History: L. 1990, ch. 145, § 3; L. 2018, ch. 118, § 3; July 1.
(a) Consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If consent is acknowledged before a judge of a court of record, it shall be the duty of the court to inform the consenting person of the legal consequences of the consent. A consent is final when executed, unless the consenting party, prior to final decree of adoption, alleges and proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with the consenting party.
(b) Consent in all cases shall have been executed not more than six months prior to the date the petition for adoption is filed.
History: L. 1990, ch. 145, § 4; L. 2018, ch. 118, § 4; July 1.
Minority of a parent shall not invalidate a parent's consent or relinquishment, except that a minor parent shall have the advice of independent legal counsel as to the consequences of the consent or relinquishment prior to its execution. The attorney providing independent legal advice to the minor parent shall be present at the execution of the consent or relinquishment. Unless the minor parent is otherwise represented by independent legal counsel, the petitioner or child placing agency shall provide independent legal counsel to the minor parent at such petitioner's or child placing agency's sole expense.
History: L. 1990, ch. 145, § 5; July 1.
(a) A consent or relinquishment may not be given by the mother or accepted until 12 hours after the birth of a child. Any consent or relinquishment given by the mother before 12 hours after the birth of a child is voidable, prior to the final decree of adoption.
(b) A consent or relinquishment may be given by any father or possible father any time after the birth of a child. A consent may be given by any father or possible father before the birth of the child only if he has the advice of independent legal counsel as to the consequences of the consent prior to its execution. The attorney providing independent legal advice shall be present at the execution of the consent.
History: L. 1990, ch. 145, § 6; L. 1994, ch. 301, § 12; L. 2018, ch. 118, § 5; July 1.
(a) A consent or relinquishment, or document that is the functional equivalent of a Kansas consent or relinquishment, is valid if executed and acknowledged outside of this state or in a foreign country either in accordance with the law of this state or in accordance with the law of the place where executed.
(b) If the person signing a consent or relinquishment is in the military service of the United States, the execution of the consent or relinquishment may be acknowledged before a commissioned officer and the signature of the officer shall be verified or acknowledged before a notary public or by such other procedure as is then in effect for such division or branch of the armed forces.
History: L. 1990, ch. 145, § 7; L. 2018, ch. 118, § 6; July 1.
(a) Any person adopted as provided in K.S.A. 59-2111 through 59-2143, and amendments thereto, shall assume the surname of the petitioner or petitioners for adoption, except that the court in its discretion may permit a different surname when requested by the petitioner or petitioners. When requested by the petitioner or petitioners, the court, in its discretion, may change the given name or names of the person adopted.
(b) When adopted, a person shall be entitled to the same personal and property rights as a birth child of the adoptive parent. The adoptive parent shall be entitled to exercise all the rights of a birth parent and be subject to all the liabilities of that relationship. Upon adoption, all the rights of birth parents to the adopted person, including their right to inherit from or through the person, shall cease, except the rights of a birth parent who is the spouse of the adopting parent. An adoption shall not terminate the right of the child to inherit from or through the birth parent.
History: L. 1990, ch. 145, § 8; L. 1993, ch. 195, § 4; July 1.
The district court shall report the adoption to the state registrar of vital statistics.
History: L. 1990, ch. 145, § 9; July 1.
Interstate placements of children shall comply with the procedures contained in the interstate compact on placement of children as set forth in K.S.A. 38-1202, and amendments thereto. Any professional providing services related to the placement of children for adoption who fails to comply with the provisions of the interstate compact for the placement of children is guilty of a class C nonperson misdemeanor.
History: L. 1990, ch. 145, § 10; L. 2018, ch. 118, § 7; July 1.
(a) Except as otherwise authorized by law, no person shall request, receive, give or offer to give any consideration in connection with an adoption, or a placement for adoption, other than:
(1) Reasonable fees for legal and other professional services rendered in connection with the placement or adoption not to exceed customary fees for similar services by professionals of equivalent experience and reputation where the services are performed;
(2) reasonable fees of a licensed child-placing agency;
(3) actual and necessary expenses incident to placement or to the adoption proceeding;
(4) actual medical expenses of the mother attributable to pregnancy and birth;
(5) actual medical expenses of the child; and
(6) reasonable living expenses of the mother which are incurred during or as a result of the pregnancy.
(b) In an action for adoption, a detailed accounting of all consideration given, or to be given, and all disbursements made, or to be made, in connection with the adoption and the placement for adoption shall accompany the petition for adoption. Upon review of the accounting, the court shall disapprove any such consideration which the court determines to be unreasonable or in violation of this section and, to the extent necessary to comply with the provisions of this section, shall order reimbursement of any consideration already given in violation of this section.
(c) Knowingly and intentionally receiving or accepting clearly excessive fees or expenses in violation of subsection (a) shall be a severity level 9, nonperson felony. Knowingly failing to list all consideration or disbursements as required by subsection (b) shall be a class B nonperson misdemeanor.
History: L. 1990, ch. 145, § 11; L. 1994, ch. 291, § 77; L. 2018, ch. 118, § 8; July 1.
(a) Except as provided in subsections (b) and (c), the files and records of the court in adoption proceedings shall not be open to inspection or copy by persons other than the following:
(1) The party filing for adoption or termination and that party's attorney;
(2) an adoptee who has reached the age of majority;
(3) representatives of the Kansas department for children and families;
(4) the disciplinary administrator; and
(5) the commission on judicial qualifications.
(b) Prior to the final decree of adoption, any party in interest may request access to the files and records of an adoption proceeding. After notice and a hearing, and upon a written finding of good cause, the court may order that some or all of the files and records of an adoption proceeding be open to inspection or copy by the moving party.
(c) After the final decree of adoption, the court may permit access to some or all of the files and records of an adoption proceeding for good cause shown.
(d) The Kansas department for children and families may contact the adoptive parents of the minor child or the adopted adult at the request of the birth or genetic parents in the event of a health or medical need. The Kansas department for children and families may contact the adopted adult at the request of the birth or genetic parents for any reason. Identifying information shall not be shared with the birth or genetic parents without the permission of the adoptive parents of the minor child, the adopted adult or the legal guardian of the adopted adult. The Kansas department for children and families may contact the birth or genetic parents at the request of the adoptive parents of the minor child, the adopted adult or the legal guardian of the adopted adult in the event of a health or medical need. The Kansas department for children and families may contact the birth or genetic parents at the request of the adopted adult for any reason.
History: L. 1990, ch. 145, § 12; L. 2008, ch. 145, § 9; L. 2014, ch. 115, § 201; L. 2018, ch. 118, § 9; July 1.
(a) Except as otherwise provided in this section:
(1) Any person who advertises that such person will provide adoption-related services or adopt, find an adoptive home for a child or otherwise place a child for adoption shall state in such advertisement whether or not such person is licensed and if licensed, under what authority such license is issued and in what profession;
(2) no person shall offer to adopt, find a home for or otherwise place a child as an inducement to a woman to come to such person's maternity center during pregnancy or after delivery; and
(3) no person shall offer to adopt, find a home for or otherwise place a child as an inducement to any parent, guardian or custodian of a child to place such child in such person's home, institution or establishment.
(b) The provisions of subsection (a)(1) shall not apply to the Kansas department for children and families or to an individual seeking to adopt a child. The provisions of subsection (a)(3) shall not apply to the Kansas department for children and families, an individual seeking to adopt a child, an agency or an attorney.
(c) As used in this section:
(1) "Advertise" means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast, telephone directory or electronic medium.
(2) "Person" means an individual, firm, partnership, corporation, joint venture or other association or entity.
(3) "Maternity center" means the same as provided in K.S.A. 65-503, and amendments thereto.
(d) Any person who violates the provisions of this section shall be guilty of an unclassified misdemeanor and shall be fined not more than $1,000 for each violation.
History: L. 1990, ch. 145, § 13; L. 1994, ch. 279, § 3; L. 2008, ch. 140, § 1; L. 2014, ch. 115, § 202; L. 2018, ch. 118, § 10; July 1.
(a) Any parent or parents or person in loco parentis may relinquish a child to an agency, and if the agency accepts the relinquishment in writing, the agency shall stand in loco parentis to the child and shall have and possess over the child all rights of a parent or legal guardian, including the power to place the child for adoption and give consent thereto.
(b) All relinquishments to an agency under K.S.A. 59-2111 through 59-2143, and amendments thereto, shall be deemed sufficient if in substantial compliance with the form for relinquishment set forth by the judicial council, and shall be executed by: (1) Both parents of the child; (2) one parent, if the other parent is deceased or the other parent's relinquishment is found unnecessary under K.S.A. 59-2136, and amendments thereto; or (3) a person in loco parentis.
(c) The relinquishment shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If the relinquishment is acknowledged before a judge of a court of record, it shall be the duty of the court to inform the relinquishing person of the legal consequences of the relinquishment.
(d) A relinquishment shall be final when executed, unless the relinquishing party, prior to the entry of a final order terminating parental rights, alleges and proves by clear and convincing evidence that the relinquishment was not freely and voluntarily given. The burden of proving that the relinquishment was not freely and voluntarily given shall rest with the relinquishing party.
(e) Except as otherwise provided, in all cases where a parent or person in loco parentis has relinquished a child to an agency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, all the rights of the parent or person in loco parentis shall be terminated. If a parent has relinquished a child to the agency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, and the other parent does not relinquish such child to the agency and the other parent's rights are not terminated by a final court order, the rights of the parent who has relinquished a child to the agency shall not be terminated and the full rights of the parent are restored.
(f) A parent's relinquishment of a child shall not terminate the right of the child to inherit from or through such parent.
History: L. 1990, ch. 145, § 14; L. 1993, ch. 195, § 2; L. 2005, ch. 101, § 3; L. 2018, ch. 118, § 11; July 1.
In addition to those requirements, where applicable, as set out in the provisions of K.S.A. 59-2111 through 59-2124, K.S.A. 59-2126 through 59-2136 shall apply to adoptions of minor children.
History: L. 1990, ch. 145, § 15; July 1.
(a) Except as provided in subsection (f), in an independent adoption, venue shall be in the county in which the petitioner resides or in the county in which the child to be adopted resides.
(b) Except as provided in subsection (f), in an agency adoption, venue shall be in the county:
(1) In which the petitioner resides;
(2) in which the child to be adopted resided prior to receipt of custody by the agency;
(3) where the principal place of business for the child placing agency is located; or
(4) if the state or a department of the state is the agency, where the department or any subcontracting agency has an office.
(c) Except as provided in subsection (f), in a stepparent adoption, venue shall be in the county in which the petitioner resides or where the child resides.
(d) If the petitioner resides upon or is stationed at a United States military post or reservation within this state, and the child to be adopted is then residing with the petitioner, venue may be in the district court of the county in which the post or reservation is located, or in the district court of any county located immediately adjacent to such county.
(e) Where the residence of the child, as defined in K.S.A. 59-2112, and amendments thereto, serves as the basis for venue, a sworn affidavit shall be filed with the petition setting forth the factual basis for the child's residency.
(f) In all adoptions, venue may be established in any county in Kansas, if all parties in interest agree in writing to venue in that county.
History: L. 1990, ch. 145, § 16; L. 2018, ch. 118, § 12; L. 2022, ch. 36, § 1; July 1.
Jurisdiction over proceedings under the Kansas adoption and relinquishment act including a proceeding to terminate parental rights pursuant to K.S.A. 59-2136, and amendments thereto, is governed by the uniform child custody jurisdiction and enforcement act, K.S.A. 23-37,101 through 23-37,405, and amendments thereto, except that in adoption proceedings, the notice provisions of K.S.A. 59-2133 and 59-2136, and amendments thereto, shall control.
History: L. 1990, ch. 145, § 17; L. 2000, ch. 171, § 75; L. 2018, ch. 118, § 13; July 1.
(a) A petition for adoption shall be filed by the person desiring to adopt the child, and shall state the following information, if reasonably ascertainable, under oath:
(1) The name, residence and address of the petitioner;
(2) the suitability of the petitioner to assume the relationship;
(3) the name of the child, the date, time and place of the child's birth, and the present address or whereabouts of the child;
(4) the places where the child has lived during the last five years;
(5) the names and present addresses of the persons with whom the child has lived during that period;
(6) whether the party has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;
(7) whether the party knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;
(8) whether the party knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons;
(9) whether one or both parents are living and the name, date of birth, residence and address of those living, so far as known to the petitioner;
(10) the facts relied upon as eliminating the necessity for the consent or relinquishment, if the consent or relinquishment of either or both parents is not obtained;
(11) whether the interstate compact on placement of children, K.S.A. 38-1201 et seq., and amendments thereto, and the Indian child welfare act, 25 U.S.C. § 1901 et seq., have been or will be complied with prior to the hearing.
(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in subsection (a)(6) through (a)(9) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d) The petitioner has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) A petition filed in a step parent adoption shall not require a statement in compliance with the interstate compact on placement of children.
(f) The written consents to adoption required by K.S.A. 59-2129, and amendments thereto, or any relinquishment pursuant to K.S.A. 59-2124, and amendments thereto, the background information required by K.S.A. 59-2130, and amendments thereto, the accounting required by K.S.A. 59-2121, and amendments thereto, and any affidavit required by K.S.A. 59-2126, and amendments thereto, shall be filed with the petition for adoption.
History: L. 1990, ch. 145, § 18; L. 2000, ch. 171, § 76; L. 2018, ch. 118, § 14; July 1.
(a) Consent to an independent adoption shall be given by: (1) The living parents of the child; or
(2) one of the parents of the child, if the other's consent is found unnecessary under K.S.A. 59-2136, and amendments thereto; or
(3) the legal guardian of the child, if both parents are dead or if their consent is found to be unnecessary under K.S.A. 59-2136, and amendments thereto; or
(4) the court entering an order under K.S.A. 38-2270, and amendments thereto; and
(5) the judge of any court having jurisdiction over the child pursuant to the revised Kansas code for care of children, if parental rights have not been terminated; and
(6) the child sought to be adopted, if over 14 years of age and of sound intellect.
(b) Consent to an agency adoption shall be given by: (1) The authorized representative of the agency having authority to consent to the adoption of the child; and
(2) the child sought to be adopted, if over 14 years of age and of sound intellect.
(c) The provisions of subsection (a) shall apply to consent in a stepparent adoption, except that subsections (a)(3) and (4) shall not apply.
(d) A consent given by a parent, legal guardian or agency shall be deemed sufficient if in substantial compliance with the form for consent set forth by the judicial council.
(e) A consent given by a legal guardian, judge or agency shall set forth the authority to execute the consent and shall be accompanied by documents supporting that authority.
History: L. 1990, ch. 145, § 19; L. 2005, ch. 101, § 4; L. 2006, ch. 200, § 103; January 1, 2007.
(a) The following information shall be filed with the petition in an independent or agency adoption:
(1) A complete written genetic, medical and social history of the child and the parents;
(2) the names, dates of birth, addresses, telephone numbers, and social security numbers of each of the child's parents, if known;
(3) a properly executed authorization for release of any hospital records pertaining to the child; and
(4) the child's birth verification, which shall include the date, time and place of birth and the name of the attending physician.
(b) The genetic, medical and social history required by this section shall be in conformity with the rules and regulations adopted by the secretary for children and families and on forms provided by the secretary.
(c) If any information required to be filed under this section is not available, an affidavit explaining the reasons why it is not available shall be filed with the petition for adoption.
(d) The secretary for children and families shall adopt rules and regulations establishing procedures for updating a child's genetic, medical and social history if new information becomes known at a later date. The agency or person conducting the investigation under K.S.A. 59-2132, and amendments thereto, shall advise in writing each of the child's biological parents, if known, of those procedures.
(e) Any employee or agent of the Kansas department for children and families, a child-placing agency or a district court who intentionally destroys any information required to be filed under this section is guilty of a class C nonperson misdemeanor.
History: L. 1990, ch. 145, § 20; L. 2014, ch. 115, § 203; L. 2018, ch. 118, § 15; July 1.
Pending the hearing in an independent or agency adoption, the court may make an appropriate order for the care and custody of the child. If the court makes an order for placement in a home not licensed to provide such care, then the home shall first be assessed by a person or agency authorized to make assessments under subsection (a) or (f) of K.S.A. 59-2132. In the absence of a preplacement assessment, the court may make an order for placement in a home not licensed to provide for the care and custody of the child following an evidentiary hearing which shall include testimony by the petitioners. Such hearing shall be heard and determined by the court as expeditiously as possible.
History: L. 1990, ch. 145, § 21; July 1.
(a) Except as provided in subsection (h), in independent and agency adoptions, the court shall require the petitioner to obtain an assessment of the advisability of the adoption by a court approved:
(1) (A) Licensed social worker, licensed specialist social worker, licensed specialist clinical social worker, licensed masters social worker, licensed baccalaureate social worker or licensed associate social worker licensed by the behavioral sciences regulatory board;
(B) licensed clinical marriage and family therapist as defined in K.S.A. 65-6402, and amendments thereto;
(C) licensed marriage and family therapist as defined in K.S.A. 65-6402, and amendments thereto;
(D) licensed clinical professional counselor as defined in K.S.A. 65-5802, and amendments thereto;
(E) licensed professional counselor as defined in K.S.A. 65-5802, and amendments thereto;
(F) licensed psychologist as defined in K.S.A. 65-6319, and amendments thereto;
(G) licensed masters level psychologist as defined in K.S.A. 74-5362, and amendments thereto;
(H) licensed clinical psychotherapist as defined in K.S.A. 74-5363, and amendments thereto; or
(I) a licensed child-placing agency.
(2) Any person performing an assessment pursuant to this subsection shall:
(A) Possess a minimum of two years experience in adoption services or be supervised by a person with such experience; or
(B) if licensed by the behavioral sciences regulatory board to diagnose and treat mental disorders in independent practice, possess a minimum of one year of experience in adoption services or be supervised by a person with such experience.
(b) The petitioner shall file with the court before the hearing on the petition a report of the assessment and, if necessary, confirmation or clarification of the information filed under K.S.A. 59-2130, and amendments thereto.
(c) If there is no one authorized pursuant to this section available to make the assessment and report to the court, the court may use the Kansas department for children and families for that purpose.
(d) The costs of making the assessment and report may be assessed as court costs in the case as provided in article 20 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
(e) In making the assessment, the person authorized pursuant to this section or Kansas department for children and families is authorized to observe the child in the petitioner's home, verify financial information of the petitioner, shall clear the name of the petitioner with the child abuse and neglect registry through the Kansas department for children and families and, when appropriate, with a similar registry in another state or nation, shall determine whether the petitioner has been convicted of a felony for any act described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or articles 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418 through 21-6422, and amendments thereto, or, within the last five years been convicted of a felony violation of K.S.A. 21-36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, and, when appropriate, any similar conviction in another jurisdiction, and to contact the agency or individuals consenting to the adoption and confirm and, if necessary, clarify any genetic and medical history filed with the petition. This information shall be made a part of the report to the court. The report to the court by any person authorized pursuant to this section to perform this assessment shall include the results of the investigation of the petitioner, the petitioner's home and the ability of the petitioner to care for the child.
(f) In the case of a nonresident who is filing a petition to adopt a child in Kansas, the assessment and report required by this section must be completed in the petitioner's state of residence by a person authorized in that state to conduct such assessments.
(g) The assessment and report required by this section shall comply with any applicable rules and regulations of the department of health and environment and shall have been completed not more than one year prior to the filing of the petition for adoption.
(h) The assessment and report required by this section may be waived by the court upon:
(1) Review of a petition requesting such waiver by a relative of the child; or
(2) the court's own motion.
History: L. 1990, ch. 145, § 22; L. 1993, ch. 126, § 1; L. 1998, ch. 139, § 10; L. 2006, ch. 21, § 1; L. 2008, ch. 66, § 1; L. 2009, ch. 32, § 49; L. 2010, ch. 74, § 12; L. 2011, ch. 30, § 208; L. 2012, ch. 166, § 9; L. 2014, ch. 115, § 204; L. 2015, ch. 94, § 18; L. 2018, ch. 118, § 16; July 1.
(a) Upon filing the petition, the court shall fix the time and place for the hearing. The time fixed for the hearing shall be within 60 days from the date the petition is filed. The time fixed for the hearing may be extended by the court for good cause.
(b) Notice of the hearing on the petition shall be given to persons entitled to notice at least 10 days before the hearing. Persons who receive notice pursuant to this section shall not be made a party or granted standing based solely on the provision of such notice.
(c) Except as provided in subsection (d), notice of the hearing on the petition shall be given:
(1) In an independent or stepparent adoption, to:
(A) The parents, presumed parents or possible parents;
(B) any person who has physical custody of the child; and
(C) any legal guardian of the child;
(2) in a private agency adoption, to:
(A) The consenting agency;
(B) the parents, presumed parents or possible parents;
(C) any relinquishing person;
(D) any person who has physical custody of the child; and
(E) any legal guardian of the child; and
(3) in a public agency adoption, to the consenting agency.
(d) Notice of the hearing on the petition is not required to be given to:
(1) A person whose parental rights have been terminated by an order of a court of competent jurisdiction; or
(2) a person or agency that has waived in writing the right to receive notice.
(e) Notice of the hearing shall be by personal service, certified mail return receipt requested or in any other manner the court may direct. Notice given pursuant to this section shall not include a copy of the petition.
History: L. 1990, ch. 145, § 23; L. 2013, ch. 35, § 1; L. 2018, ch. 118, § 17; L. 2024, ch. 48, § 1; July 1.
(a) Upon the hearing of the petition, the court shall consider the assessment and all evidence, including evidence relating to determination of whether or not the court should exercise its jurisdiction, offered by any party in interest. If the adoption is granted, the court shall enter a final decree of adoption, which terminates parental rights if not previously terminated.
(b) If the adoption is denied, the court shall enter appropriate orders. Such orders may include an order giving temporary custody of the child to another person or agency for a period not to exceed 30 days pending termination of the instant case or a new case being filed.
(c) The costs of the adoption proceedings shall be paid by the petitioner or as assessed by the court.
History: L. 1990, ch. 145, § 24; L. 2018, ch. 118, § 18; July 1.
The clerk of each district court shall provide a copy of the decree of adoption, a copy of the report of adoption required in K.S.A. 59-2119, and amendments thereto, and a copy of the information required in K.S.A. 59-2130, and amendments thereto, pertaining to any adoption of a minor to the secretary for children and families. All information pertaining to adoptions of minors required to be provided to the secretary for children and families shall be maintained by the secretary and shall be subject to disclosure to the same extent as files and records of the court under K.S.A. 59-2122, and amendments thereto.
History: L. 1990, ch. 145, § 25; L. 2014, ch. 115, § 205; July 1.
(a) The provisions of this section shall apply where a relinquishment or consent to an adoption has not been obtained from a parent and K.S.A. 59-2124 and 59-2129, and amendments thereto, state that the necessity of a parent's relinquishment or consent can be determined under this section.
(b) Insofar as practicable, the provisions of this section applicable to the father also shall apply to the mother and those applicable to the mother also shall apply to the father.
(c) The court shall appoint an attorney to represent any father who is unknown or whose whereabouts are unknown. If no person is identified as the father or a possible father, or if the father's whereabouts are unknown, the court shall order publication notice of the hearing in such manner as the court deems appropriate.
(d) (1) A petition to terminate parental rights pursuant to the Kansas adoption and relinquishment act may be filed only as part of a petition for adoption or as a separate action in connection with an adoption proceeding filed or to be filed in the same or another proper venue.
(2) If a petition to terminate parental rights is filed separately from a petition for adoption under this act:
(A) Venue for the proceedings to terminate parental rights shall be in the county where the child or a parent resides or is found; and
(B) an order granting such petition:
(i) Shall be in substantial compliance with the form set forth by the judicial council;
(ii) is a final judgment that is appealable as a matter of right;
(iii) if not appealed, shall satisfy the requirement contained in K.S.A. 59-2128, and amendments thereto, to demonstrate that the necessity for the consent or relinquishment is eliminated; and
(iv) shall be effective only upon the filing of a decree of adoption.
(3) The petition to terminate parental rights may be filed by a parent, the petitioner for adoption, the person or agency having legal custody of the child or the agency to which the child has been relinquished.
(4) Absent a finding of good cause by a court with jurisdiction under this act, a proceeding to terminate parental rights shall have precedence over any proceeding involving custody of the child under the Kansas family law code, K.S.A. 23-2101 et seq., and amendments thereto, or the protection from abuse act, K.S.A. 60-3101 et seq., and amendments thereto, until a final order is entered on the termination issues or until further orders of the court.
(e) In an effort to identify the father, the court shall determine by deposition, affidavit or hearing, the following:
(1) Whether there is a presumed father under K.S.A. 23-2208, and amendments thereto;
(2) whether there is a father whose relationship to the child has been determined by a court;
(3) whether there is a father as to whom the child is a legitimate child under prior law of this state or under the law of another jurisdiction;
(4) whether the mother was cohabitating with a man at the time of conception or birth of the child;
(5) whether the mother has received support payments or promises of support with respect to the child or in connection with such mother's pregnancy; and
(6) whether any person has formally or informally acknowledged or declared such person's possible parentage of the child.
If the father is identified to the satisfaction of the court, or if more than one man is identified as a possible father, each shall be given notice of the proceeding in accordance with subsection (f).
(f) Notice of the proceeding shall be given to every person identified as the father or a possible father by personal service, certified mail return receipt requested or in any other manner the court may direct. Notice shall be given at least 10 calendar days before the hearing, unless waived by the person entitled to notice. Proof of notice or waiver of notice shall be filed with the court before the petition or request is heard.
(g) (1) If, after the inquiry, the court is unable to identify the father or any possible father and no person has appeared claiming to be the father and claiming custodial rights, the court shall enter an order terminating the unknown father's parental rights with reference to the child without consideration of subsection (h).
(2) If any person identified as the father or possible father of the child fails to appear or, if appearing, fails to claim custodial rights, such person's parental rights with reference to the child shall be terminated without consideration of subsection (h).
(h) (1) When a father or alleged father appears and claims parental rights, the court shall determine parentage, if necessary pursuant to the Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto. If a father desires but is financially unable to employ an attorney, the court shall appoint an attorney for the father. Thereafter, the court may order that parental rights be terminated and find the consent or relinquishment unnecessary, upon a finding by clear and convincing evidence, of any of the following:
(A) The father abandoned or neglected the child after having knowledge of the child's birth;
(B) the father is unfit as a parent or incapable of giving consent;
(C) the father has made no reasonable efforts to support or communicate with the child after having knowledge of the child's birth;
(D) the father, after having knowledge of the pregnancy, failed without reasonable cause to provide support for the mother during the six months prior to the child's birth;
(E) the father abandoned the mother after having knowledge of the pregnancy;
(F) the birth of the child was the result of rape of the mother; or
(G) the father has failed or refused to assume the duties of a parent for two consecutive years immediately preceding the filing of the petition.
(2) In making a finding whether parental rights shall be terminated under this subsection, the court:
(A) Shall consider all of the relevant surrounding circumstances; and
(B) may disregard incidental visitations, contacts, communications or contributions.
(3) In determining whether the father has failed or refused to assume the duties of a parent for two consecutive years immediately preceding the filing of the petition for adoption, there shall be a rebuttable presumption that if the father, after having knowledge of the child's birth, has knowingly failed to provide a substantial portion of the child support as required by judicial decree, when financially able to do so, for a period of two years immediately preceding the filing of the petition for adoption, then such father has failed or refused to assume the duties of a parent.
(4) For the purposes of this subsection, "support" means monetary or non-monetary assistance that is reflected in specific and significant acts and sustained over the applicable period.
(i) A termination of parental rights under this section shall not terminate the right of the child to inherit from or through the parent. Upon such termination, all the rights of birth parents to such child, including their right to inherit from or through such child, shall cease.
History: L. 1990, ch. 145, § 26; L. 1991, ch. 167, § 1; L. 1993, ch. 195, § 3; L. 1993, ch. 277, § 1; L. 2006, ch. 22, § 1; L. 2012, ch. 162, § 76; L. 2018, ch. 118, § 19; L. 2024, ch. 48, § 2; July 1.
In addition to those requirements, where applicable, as set out in the provisions of K.S.A. 59-2111 through 59-2124, 59-2138 through 59-2142* shall apply to adult adoptions.
History: L. 1990, ch. 145, § 27; July 1.
(a) A court of this state has jurisdiction over a proceeding for the adoption of an adult if the petitioner or the adult to be adopted resides in this state.
(b) Venue shall be in the county in which the petitioner or the adult to be adopted resides. Venue may be established in any county in Kansas if all parties in interest agree in writing to venue in that county.
History: L. 1990, ch. 145, § 28; L. 2018, ch. 118, § 20; July 1.
(a) A petition for adult adoption shall be filed by the person desiring to adopt the adult and shall state: (1) The name, residence and address of the petitioner;
(2) the name, residence, address and date of birth of the adult to be adopted;
(3) whether the petitioner or adult to be adopted is married and if so, the name, residence and address of the spouse;
(4) the facts showing the reasons for the adoption;
(5) whether one or both of the parents of the adult to be adopted are living and the name, residence and address of those living so far as known to the petitioner or the adult to be adopted; and
(6) whether or not any change of name is requested.
(b) The written consents required by K.S.A. 59-2140, and amendments thereto, and the accounting required by K.S.A. 59-2121 shall be filed with the petition for adoption.
History: L. 1990, ch. 145, § 29; July 1.
Before any adult is adopted consent to the adoption shall be given by: (a) The adult subject of the adoption or the legal guardian of a disabled adult subject of adoption; and
(b) the spouse of the petitioner or the spouse's legal guardian if a disabled person.
History: L. 1990, ch. 145, § 30; July 1.
(a) The court, by order, shall fix a time and place for hearing on the petition for adult adoption. The hearing may be with or without notice as the court shall direct and the court may hear the petition forthwith.
(b) The court may order that notice of the hearing be given to the parents of the adult subject of the adoption and shall require notice, unless waived, to any consenting party.
History: L. 1990, ch. 145, § 31; L. 2018, ch. 118, § 21; July 1.
The petitioner or attorney for the petitioner, if a decree of adoption is entered, shall mail a certified copy of the decree to the former parent of the adult adoptee, if the parent has had no notice of the proceeding and, with reasonable diligence, can be located for service by first-class mail. The petitioner or the attorney shall file proof of mailing with the court or shall file an affidavit setting forth the reasons for noncompliance if the reasons are not evident from the verified pleadings on file. Failure to give the notice required by this section shall not invalidate the adoption.
History: L. 1990, ch. 145, § 32; July 1.
The forms for consent, relinquishment and waiver of notice of hearing to be utilized under the Kansas adoption and relinquishment act shall be set forth by the judicial council.
History: L. 1990, ch. 145, § 33; L. 2005, ch. 101, § 5; L. 2018, ch. 118, § 22; July 1.
(a) When a Kansas resident adopts a child in a foreign country in accordance with the laws of the foreign country pertaining to relinquishment, termination of parental rights and consent to the adoption, the decree of adoption or a similar document or documents which evidences finalization of the adoption in the foreign country, and evidence of lawful admission into the United States, when filed with and entered in the records of the clerk of the district court of any county in this state, has the same force and effect as if the decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, was granted in accordance with the provisions of the Kansas adoption and relinquishment act.
(b) When such decree or document is filed and entered, the adoptive parent or parents may request a birth certificate pursuant to K.S.A. 65-2423, and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas adoption and relinquishment act.
History: L. 1994, ch. 301, § 1; L. 1996, ch. 116, § 1; July 1.
Every application in a probate proceeding, unless made during a hearing or trial, shall be by petition signed and verified by or on behalf of the petitioner. No defect in form shall impair substantial rights; and no defect in the statement of jurisdictional facts actually existing shall invalidate any proceedings.
History: L. 1939, ch. 180, § 177; July 1.
Every petition in a probate proceeding shall state: (1) The name, residence, and address of the petitioner; (2) the interest of the petitioner and his or her right to apply to the court; (3) the jurisdictional facts; (4) the facts, in ordinary and concise language, showing that the petitioner is entitled to the relief sought; and (5) a prayer for relief.
History: L. 1939, ch. 180, § 178; July 1.
Proceedings for the probate of a will or for administration shall be had in the county of the residence of the decedent at the time of such decedent's death if the decedent owned an interest in real property in such county, or, if the decedent did not own an interest in real property in the decedent's county of residence at the time of such decedent's death, in such county of the residence of the decedent at the time of such decedent's death or in any county where the decedent owned an interest in real property; if the decedent was not a resident of this state, proceedings may be had in any county where such decedent left any estate to be administered as provided in K.S.A. 59-805, and amendments thereto. Proceedings for the administration of a partnership estate by the surviving partner shall be had in the county of the residence of the deceased partner at the time. If the deceased partner is a nonresident of the state the proceedings may be had in any county in which any of the partnership property is situated. Such proceedings first legally commenced shall extend to all of the property of the decedent or proposed conservatee in this state.
If the proceedings are instituted in more than one county, they shall be stayed except in the county where first commenced until final determination of venue. If the proper venue is determined to be in another county, the district court shall transmit the entire file to the proper county.
History: L. 1939, ch. 180, § 179; L. 1965, ch. 346, § 26; L. 1967, ch. 314, § 12; L. 1970, ch. 228, § 1; L. 1976, ch. 242, § 29; L. 1990, ch. 200, § 1; L. 1990, ch. 145, § 36; L. 2002, ch. 114, § 60; L. 2010, ch. 70, § 8; July 1.
A probate proceeding may be commenced in the district court by filing a petition and causing it to be set for hearing. When a petition is filed, the court shall fix the time and place for the hearing on it. When a petition is filed for the appointment of a personal representative, the court may appoint the proposed personal representative or some other suitable person, with or without bond, to conserve the estate until a hearing is had and a personal representative is appointed.
History: L. 1939, ch. 180, § 180; L. 1976, ch. 242, § 30; L. 1985, ch. 191, § 30; July 1.
The petition of a person under legal disability shall be by his or her guardian, conservator or next friend. When it is by his or her next friend the court may substitute the guardian, conservator, or any person, for the next friend. The court may appoint a guardian ad litem in any probate proceeding to represent and defend a party thereto under legal disability. All possible unborn or unascertained beneficiaries may be represented by living competent members of the class to which they do or would belong, or by guardian ad litem, as the court deems best.
History: L. 1939, ch. 180, § 181; L. 1951, ch. 342, § 1; L. 1965, ch. 346, § 27; January 1, 1966.
No probate proceedings commenced by a personal representative shall abate by reason of the termination of the personal representative's authority.
History: L. 1939, ch. 180, § 182; L. 1985, ch. 191, § 31; July 1.
Any fiduciary may be sued in the district court of the county in which he or she was appointed, or in which he or she resides. If the fiduciary does not reside in the county of his or her appointment, service may be had upon the fiduciary by serving a summons in the county of his or her residence.
History: L. 1939, ch. 180, § 183; L. 1965, ch. 346, § 28; January 1, 1966.
When notice of any probate proceedings is required by law or deemed necessary by the court and the manner of giving it is not directed by law, the court shall order notice to be given to all persons interested, in such manner and for such length of time as the court considers reasonable. A copy of the petition, any attachments to it and, when applicable, a copy of the will, accounting and settlement agreement shall be served with the notice, unless excused by court order. Any required notice may be waived in writing by: Any competent person; any fiduciary; a trustee on behalf of the trustee and all beneficiaries of the trust; a conservator on behalf of the conservator and all the conservator's conservatees; a guardian on behalf of the guardian and all the guardian's wards; a guardian ad litem on behalf of the guardian ad litem and all those whom the guardian ad litem represents; or an attorney under the servicemembers civil relief act on behalf of an attorney appointed pursuant to that act and all those whom such attorney represents.
History: L. 1939, ch. 180, § 184; L. 1975, ch. 299, § 13; L. 1985, ch. 191, § 32; L. 2005, ch. 45, § 2; July 1.
(a) When notice of hearing is required by any provision of this act by specific reference to this section, such notice shall be published once per week for three consecutive weeks in some newspaper of the county authorized by law to publish legal notices. The first publication shall be made within 30 days after the order fixing the time and place of the hearing and, within seven days after the first published notice, the petitioner shall mail or cause to be mailed, postage prepaid, a copy of the notice to each heir, devisee and legatee or guardian and ward, conservator and conservatee or guardian ad litem, as the case may be, other than the petitioner, whose name and address is known to the petitioner. A copy of the petition, any attachments to it and, when applicable, a copy of the will, accounting and settlement agreement shall be included with the notice, unless excused by court order. The date set for the hearing shall not be earlier than 10 days and not later than 30 days after the date of the last publication of notice.
(b) Whenever notice is mailed to a person residing in a foreign country, such notice shall be mailed by air mail.
History: L. 1939, ch. 180, § 185; L. 1943, ch. 214, § 1; L. 1965, ch. 346, § 29; L. 1972, ch. 215, § 12; L. 1977, ch. 197, § 1; L. 1985, ch. 191, § 33; L. 2023, ch. 77, § 8; July 1.
Notice of any hearing, if such is required, shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
History: L. 1939, ch. 180, § 186; L. 1941, ch. 284, § 8; L. 1976, ch. 242, § 31; L. 2005, ch. 101, § 6; July 1.
In all cases of notice by publication, the newspaper shall be selected by the petitioner or other person required to give such notice. In all cases requiring notice, whether by publication, mailing or otherwise, proof by affidavit of service of notice and, unless excused by court order, a copy of the petition and any attachments to it shall be filed before the hearing. No defect in any notice or in its service, not affecting the substantial rights of the parties, shall invalidate any proceedings after such notice and the proof of its service have been approved by the court.
History: L. 1939, ch. 180, § 187; L. 1985, ch. 191, § 34; July 1.
Trials and hearings in probate proceedings shall be by the court unless otherwise provided by law. The determination of any issue of fact or controverted matter on the hearing of any probate proceedings shall be in accordance with the rules of evidence provided for civil cases by the code of civil procedure, except as provided in the care and treatment act for mentally ill persons and the act for obtaining a guardian or conservator, or both.
History: L. 1939, ch. 180, § 188; L. 1965, ch. 346, § 30; L. 1986, ch. 211, § 34; L. 1996, ch. 167, § 55; April 18.
No judgment or decree shall be rendered in a probate proceeding without proof. The verification of the petition pursuant to K.S.A. 59-2201 and amendments thereto shall constitute sufficient proof of the statements made in the petition in the absence of written defenses or any appearance by an adverse party. The court shall have control of its orders, judgments, and decrees for 30 days after the date of the rendition thereof. Thereafter such orders, judgments, and decrees may be vacated or modified as provided by subsection (b) of K.S.A. 60-260 of the code of civil procedure.
History: L. 1939, ch. 180, § 189; L. 1965, ch. 350, § 1; L. 1995, ch. 179, § 1; April 27.
In all probate proceedings relating to a decedent or conservatee, the court shall tax the costs thereof against the estate unless otherwise provided by this act, or unless it appears that it would be unjust and inequitable to do so, in which event the court shall tax such costs or any part thereof against such party as it appears to the court is just and equitable in the premises. In case of any contested demand or matters the court may, in its discretion, require the claimant to give security for costs, or in lieu thereof file a poverty affidavit as provided in the code of civil procedure. In all proceedings relating to a ward, the court shall tax the costs or any part thereof as it appears to the court is just and equitable.
History: L. 1939, ch. 180, § 190; L. 1941, ch. 284, § 9; L. 1965, ch. 346, § 31; L. 1976, ch. 242, § 32; January 10, 1977.
When the total assets of the estate of a decedent or conservatee do not exceed the sum of $10,000 in value, the court may remit the court costs or any part thereof to such estate.
History: L. 1939, ch. 180, § 191; L. 1965, ch. 346, § 32; L. 2000, ch. 25, § 5; L. 2023, ch. 77, § 9; July 1.
Upon the filing of a petition by a personal representative or any person interested in the estate, alleging that any person has concealed, converted, embezzled or disposed of any property belonging to the estate of a decedent or ward, or that any person has possession or knowledge of any will or codicil of a decedent, or of any instruments in writing relating to the property of such decedent or ward, the court, upon such notice it directs, may order such person to appear before it for disclosure. Refusal to appear or submit to examination, or failure to obey any lawful order based thereon, shall constitute contempt of court.
History: L. 1939, ch. 180, § 192; L. 1985, ch. 191, § 35; July 1.
History: L. 1939, ch. 180, § 193; L. 1976, ch. 242, § 33; Repealed, L. 1985, ch. 191, § 57; July 1.
(a) If any person neglects or refuses to perform an order or judgment of a court, other than for the payment of money, such person shall be guilty of contempt of court; and the court shall issue an order to appear and show cause requiring such person, on a day to be stated in such order, to appear before the court and show cause why such person should not be punished for contempt. If, after proper service of the order to appear and show cause, such person served shall not on the day appointed appear before the court as ordered, or if it appears to the court that such person is secreting oneself to avoid the process of the court, the court may issue a bench warrant commanding that such person be brought before the court to answer for contempt.
(b) This section shall be part of and supplemental to the Kansas probate code.
History: L. 1994, ch. 128, § 1; July 1.
History: L. 1939, ch. 180, § 194; Repealed, L. 1985, ch. 191, § 57; July 1.
A petition for administration shall state: (1) The name, residence, and date and place of death, of the decedent; (2) the names, ages, residences, and addresses of the heirs of the decedent so far as known or can with reasonable diligence be ascertained; (3) the general character and probable value of the real and personal property; (4) the name, residence and address of the person for whom letters are prayed; and (5) whether administration is sought under the Kansas simplified estates act, and if such administration is sought, one or more reasons for seeking administration under the Kansas simplified estates act.
History: L. 1939, ch. 180, § 195; L. 1975, ch. 299, § 14; January 1, 1976.
A petition for the probate of a will, in addition to the requirements of a petition for administration, shall state: (a) The names, ages, residences and addresses of the devisees and legatees so far as known or can with reasonable diligence be ascertained; (b) the name, residence, and address of the person, if any, named as executor; and (c) the name and address of the scrivener of the will, if known or ascertainable with due diligence. The will shall accompany the petition if it can be produced. The petition may also state whether a surviving spouse has executed a consent to the will, in which event the consent shall accompany the petition if the consent can be produced. A petition for the probate of a lost or destroyed will shall contain a statement of the provisions of the will.
History: L. 1939, ch. 180, § 196; L. 1972, ch. 215, § 22; L. 1981, ch. 228, § 1; July 1.
Any person interested in the estate, after the death of the testator or intestate, may petition for the probate of his or her will or for administration.
History: L. 1939, ch. 180, § 197; July 1.
(a) When a petition is filed for the probate of a will, for the determination that the consent of a spouse to a will is a valid and binding consent, for administration or for refusal to grant letters of administration, the court shall fix the time and place for the hearing thereof. Notice of the hearing shall be given pursuant to K.S.A. 59-2209, and amendments thereto, unless the court makes an order to the contrary. If notice is by order of the court not required to be given pursuant to K.S.A. 59-2209, and amendments thereto, the court shall order notice of the hearing to be given, unless waived, in such manner as the court directs.
(b) When the petition seeks simplified administration, the notice shall advise all persons that under provisions for simplified administration the court need not supervise administration of the estate, and no notice of any action of the executor or administrator or other proceedings in the administration will be given, except for notice of final settlement of * decedent's estate. The notice shall further advise all persons that if written objections to simplified administration are filed with the court, the court may order that supervised administration ensue.
(c) When a petition has been filed for the refusal of letters of administration, pursuant to K.S.A. 59-2287, and amendments thereto, the notice given shall advise all persons that at such hearing exempt property and a reasonable allowance will be set aside to the surviving spouse and minor children, or both, and that no further notice of the proceeding will be given.
(d) When the state is a party, the notice shall be served upon the attorney general and the county or district attorney of the county.
(e) If the decedent or a predeceased spouse of the decedent received medical assistance payment under K.S.A. 39-709, and amendments thereto, or the laws of any other state, the state or states providing such payment or payments shall be entitled to notice. Such notice shall be given to the agency or department responsible for the recovery of medical assistance in Kansas or, if a state other than Kansas, to the attorney general of such state or states.
History: L. 1939, ch. 180, § 198; L. 1941, ch. 284, § 15; L. 1975, ch. 299, § 15; L. 1981, ch. 228, § 2; L. 2007, ch. 190, § 13; L. 2015, ch. 42, § 15; July 1.
When a petition is filed for the probate of a will, for the determination that a consent of a spouse to a will is a valid and binding consent or for administration, if all the parties interested as heirs, devisees and legatees enter their appearance in writing, duly acknowledged, waive the notice otherwise required and consent to an immediate hearing, a hearing may be held, in the discretion of the court, as if notice had been given. Such entry of appearance, waiver of notice and consent to an immediate hearing may be given by: (a) A trustee on behalf of the trustee and all beneficiaries of the trust; (b) a conservator on behalf of the conservator and all the conservator's conservatees; (c) a guardian on behalf of the guardian and all the guardian's wards; (d) a guardian ad litem on behalf of the guardian ad litem and all of those whom the guardian ad litem represents; or (e) by an attorney under the servicemembers civil relief act on behalf of an attorney appointed pursuant to the servicemembers civil relief act and all of those whom such attorney represents.
History: L. 1939, ch. 180, § 199; L. 1975, ch. 299, § 16; L. 1981, ch. 228, § 3; L. 1987, ch. 211, § 1; L. 2005, ch. 45, § 3; July 1.
The hearing of a petition for the probate of a will and the hearing of a petition for the determination that the consent of the spouse to the will is a valid and binding consent shall be separate issues which, in the discretion of the court, may be determined in a consolidated hearing or in separate hearings. On the hearing of a petition for the probate of a will or for the determination that the consent of a spouse to a will is a valid and binding consent, unless it is an uncontested, self-proved will or consent, the testimony of at least two of the subscribing witnesses shall be taken in person, by affidavit or by deposition. The court may waive the requirement of such testimony of such subscribing witnesses upon a proper showing that such witnesses are unavailable or cannot be located. Otherwise, the court may admit the testimony of other witnesses to prove the capacity of the testator or the spouse and the due execution of the will or consent and, as evidence of such execution, may admit proof of the handwriting of the testator or the spouse and of the subscribing witnesses. Any heir, devisee, or legatee may prosecute or oppose the probate of any will or the determination that the consent of the spouse to the will is a valid and binding consent. If the instrument alleged to be the will is not allowed as the last will and if the estate should be administered, the court shall grant administration to the person or persons entitled thereto.
History: L. 1939, ch. 180, § 200; L. 1963, ch. 299, § 1; L. 1975, ch. 299, § 17; L. 1977, ch. 197, § 2; L. 1981, ch. 228, § 4; L. 1996, ch. 106, § 1; July 1.
If, after a petition for the probate of a will has been filed, another instrument in writing purporting to be the last will or codicil shall be presented, proceedings shall be had for the probate thereof and thereupon the hearing on the petition theretofore filed shall be adjourned to the time fixed for the hearing of the subsequent petition. At such time proof shall be had upon all of such wills, codicils, and all matters pertaining thereto, and the court shall determine which of such instruments, if any, should be allowed as the last will.
History: L. 1939. ch. 180, § 201; July 1.
If, after a will has been admitted to probate, a later instrument in writing purporting to be the last will or codicil shall be presented, proceedings shall be had for the probate thereof, but notice of the hearing thereof shall be given to the devisees and legatees named in the will admitted to probate in addition to the heirs, and the devisees and legatees named in the will or codicil presented for probate. If the court admits the later will or codicil to probate, the order so admitting such will or codicil shall operate as a revocation of the order admitting the earlier will to probate so far as is necessary to give effect to the later will or codicil.
History: L. 1939, ch. 180, § 202; July 1.
Upon admission of the will to probate, the court shall appoint an executor or administrator with the will annexed and fix the amount of his or her bond as required by law, if such is required. If any person appointed does not qualify within ten days, the court may, with or without notice, grant letters to another or others. Upon filing of the oath and bond as required by law, letters shall issue.
History: L. 1939, ch. 180, § 203; July 1.
A lost or destroyed will may be established if its provisions are clearly and distinctly proved. When such will is established the provisions thereof shall be distinctly stated, certified by the court, and filed and recorded. Letters shall issue thereon as in the case of other wills.
History: L. 1939, ch. 180, § 204; L. 1976, ch. 245, § 1; July 1.
When a copy of a will executed outside this state and the probate of it, duly authenticated, is presented by the executor or any other person interested in the will, with a petition for its probate, the court shall fix the time and place for the hearing of the petition, notice of which shall be given to such persons and in such manner as the court directs. The title of any purchaser in good faith, without knowledge of the will, to any property derived from the fiduciary, heirs, devisees or legatees of the decedent shall not be defeated by the production of the will of the decedent and the petition for its probate after six months from the death of the decedent.
History: L. 1939, ch. 180, § 205; L. 1982, ch. 235, § 3; L. 1983, ch. 189, § 1; L. 1985, ch. 191, § 36; July 1.
(a) If, upon the hearing, it appears to the satisfaction of the court that the will of a resident or nonresident has been proved and admitted to probate outside this state and that it was executed according to the law of the place in which it was made, or in which the testator resided at the time of its execution or of the testator's death or in conformity with the laws of this state, it shall be admitted to probate with the same force and effect as the original probate of a will.
(b) The amendments to this section on July 1, 1982, and on the effective date of this act are declarations of the meaning of this section as it existed on June 30, 1982, and shall apply to any will, whether proved and admitted to probate outside this state before or after July 1, 1982, or before or after the effective date of this act.
History: L. 1939, ch. 180, § 206; L. 1982, ch. 235, § 4; L. 1984, ch. 210, § 1; March 15.
If such will shall later be set aside according to the law of the place where it was originally proved and admitted to probate, a duly authenticated copy of the final decree setting said will aside may be admitted to record in this state in the same manner and with like notice as the authenticated copy of said will was admitted to probate, and when so admitted to record shall have the same force and effect as a like order as to domestic will, unless the heirs, devisees, and legatees thereunder shall have been determined under the provisions of K.S.A. 59-2249.
History: L. 1939, ch. 180, § 207; July 1.
On the hearing of a petition for administration and proof thereof, the court shall appoint an administrator and fix the amount of his or her bond, as required by law. If the person appointed neglects for ten days after written notice of such appointment, served as the court may direct, to file the oath and bond required by law, such neglect shall be deemed a refusal to serve and the court, with or without notice, may appoint such other person or persons as may be entitled to administer such estate.
History: L. 1939, ch. 180, § 208; July 1.
(a) Upon the appointment and qualification of any administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto, the administrator, executor, petitioner or affiant shall forthwith mail a copy of the will, if any, together with a notice statement to the surviving spouse stating: "Under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, you may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death." Such notice shall be mailed within 10 days of the qualification of the administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto. Proof shall be by affidavit filed with the court.
(b) The mailing requirement of subsection (a) may be waived if:
(1) The surviving spouse is the petitioner or affiant; and
(2) a statement that the surviving spouse is aware that under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, the surviving spouse may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death is:
(A) Included in the petition for letters of administration, the petition for probate of a will, the petition for an order refusing to grant letters of administration or the affidavit pursuant to K.S.A. 59-618a, and amendments thereto; or
(B) included in an affidavit filed in the matter within 10 days after issuance of letters of administration, issuance of letters of testamentary, issuance of an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto.
History: L. 1939, ch. 180, § 209; L. 1951, ch. 335, § 2; L. 1972, ch. 215, § 13; L. 1975, ch. 299, § 18; L. 1976, ch. 242, § 34; L. 1981, ch. 228, § 5; L. 1994, ch. 132, § 20; L. 1996, ch. 53, § 7; L. 2006, ch. 52, § 1; July 1.
The provisions of this act shall govern in proceedings on wills admitted to probate after the effective date of this act, and the provisions of sections 59-603 and 59-2233 of the General Statutes of 1949 as existing prior to amendment by this act, shall govern in proceedings on wills admitted to probate before the effective date of this act.
History: L. 1951, ch. 335, § 3; June 30.
If the surviving spouse shall be an incapacitated person, it shall be the duty of the court to appoint some suitable person as commissioner, who shall ascertain the value of the provision made by will in lieu of the rights in the estate secured by statute and the value of the rights secured by statute. The commissioner shall make his or her verified written report to the court. Notice of the time and place of the hearing of the petition for the appointment of a commissioner and of the hearing on the commissioner's report shall be given to the surviving spouse and his or her conservator, if any, and all other persons interested in such manner and for such length of time as the court shall direct. After the hearing on the report the court shall make such election for such spouse under disability as is more valuable or advantageous to the spouse, which election shall be deemed as effectual as if made by the spouse when fully competent.
History: L. 1939, ch. 180, § 210; L. 1965, ch. 346, § 33; January 1, 1966.
After the inventory and valuation have been filed, the surviving spouse, or in case there is none, the children, may petition the court to set apart the homestead, and the personal property allowed in K.S.A. 59-403. Such petition shall show the names, ages, and relationship of the parties, a description of the homestead claimed and of the personal property selected, and the valuation of the personal property selected under subsection (2) of K.S.A. 59-403. The petition may be heard with or without notice. Upon proof of the petition, the court shall set apart such homestead and personal property. The property so set apart shall be delivered by the executor or administrator to the persons entitled thereto, and shall not be treated as assets in his or her custody, but the title of the homestead shall be included in the final decree of distribution.
History: L. 1939, ch. 180, § 211; L. 1972, ch. 215, § 14; L. 1975, ch. 299, § 19; January 1, 1976.
(a) The publication notice to creditors shall be to all persons concerned. It shall state the date of the filing of the petition for administration or petition for probate of a will and shall notify the creditors of the decedent to exhibit their demands against the estate within four months from the date of the first published notice as provided by law and that, if their demands are not thus exhibited, they shall be forever barred. The notice to creditors required by this section shall be combined with the notice for probate or administration required by K.S.A. 59-2222 and amendments thereto, except that, if the notice required pursuant to K.S.A. 59-2222 and amendments thereto is waived pursuant to K.S.A. 59-2223 and amendments thereto, the notice to creditors required by K.S.A. 59-709 and amendments thereto and this section shall be published separately.
(b) Actual notice required by subsection (b) of K.S.A. 59-709, and amendments thereto, may include, but not be limited to, mailing a copy of the published notice, by first class mail, to creditors within a reasonable time after their identities and addresses are ascertained.
History: L. 1939, ch. 180, § 212; L. 1972, ch. 215, § 15; L. 1975, ch. 299, § 20; L. 1976, ch. 245, § 4; L. 1985, ch. 191, § 37; L. 1989, ch. 173, § 4; July 1.
(a) Any person may exhibit a demand against the estate of a decedent by filing a petition for its allowance in the proper district court. Such demand shall be deemed duly exhibited from the date of the filing of the petition. The petition shall contain a statement of all offsets to which the estate is entitled. The person exhibiting the demand shall provide a copy of the demand, as filed, to the personal representative of the estate. The court shall from time to time as it deems advisable, and must at the request of the executor or administrator, or at the request of any creditor having exhibited demand, fix the time and place for the hearing of such demands. Notice of the time and place of the demand hearing shall be given in such manner and to such persons as the court shall direct.
(b) The verification of any demand may be deemed prima facie evidence of its validity unless a written defense thereto is filed. Upon the adjudication of any demand, the court shall enter its judgment allowing or disallowing it. Such judgment shall show the date of adjudication, the amount allowed, the amount disallowed and classification if allowed. Judgments relating to contingent demands shall state the nature of the contingency.
(c) Any demand not exceeding $10,000, other than a demand by the executor or administrator, duly itemized and verified and which is timely filed, may be paid by the executor or administrator without compliance with any of the provisions of this act relating to petition, notice of hearing, allowance by the court or otherwise. If a written defense to the petition of the executor or administrator for a final settlement and accounting is timely filed by any interested party which takes issue with payment of the demand by the executor or administrator, at the hearing on the petition the burden of proof shall be upon the executor or administrator to establish that the demand was due and owing by the estate. If the demand, or any part thereof, is disallowed by the court, the accounting of the executor or administrator shall not be allowed as to the disallowed demand, or part thereof.
History: L. 1939, ch. 180, § 213; L. 1941, ch. 284, § 10; L. 1943, ch. 213, § 3; L. 1974, ch. 238, § 1; L. 1976, ch. 242, § 35; L. 1987, ch. 212, § 1; L. 1989, ch. 173, § 5; L. 2000, ch. 25, § 6; L. 2023, ch. 77, § 10; July 1.
(1) Any action pending against any person at the time of such person's death, which by law survives against the executor or administrator, shall be considered a demand legally exhibited against such estate from the time such action shall be revived. Such action shall be revived in the court in which it was pending and such court shall retain jurisdiction to try and determine said action.
(2) Any action commenced against any executor or administrator after the death of the decedent shall be considered a demand legally exhibited against such estate from the time of serving the original process on such executor or administrator.
(3) The judgment creditor shall file a certified copy of the judgment obtained in an action such as described in subsection (1) or (2) of this section in the proper district court within thirty (30) days after said judgment becomes final.
History: L. 1939, ch. 180, § 214; L. 1951, ch. 343, § 1; L. 1976, ch. 242, § 36; January 10, 1977.
(1) All demands, including demands of the state, against a decedent's estate, whether due or to become due, whether absolute or contingent, including any demand arising from or out of any statutory liability of decedent or on account of or arising from any liability as surety, guarantor or indemnitor, and including the individual demands of executors and administrators, shall be forever barred from payment unless the demand is presented within the later of: (a) four months from the date of first publication of notice under K.S.A. 59-2236, and amendments thereto; or (b) if the identity of the creditor is known or reasonably ascertainable, 30 days after actual notice was given, except that the provisions of the testator's will requiring the payment of a demand exhibited later shall control. No creditor shall have any claim against or lien upon the property of a decedent other than liens existing at the date of the decedent's death, unless a petition is filed for the probate of the decedent's will pursuant to K.S.A. 59-2220 and amendments thereto or for the administration of the decedent's estate pursuant to K.S.A. 59-2219 and amendments thereto within six months after the death of the decedent and such creditor has exhibited the creditor's demand in the manner and within the time prescribed by this section, except as otherwise provided by this section.
(2) Nothing in this section shall affect or prevent the enforcement of a claim arising out of tort against the personal representative of a decedent within the period of the statute of limitations provided for an action on such claim. For the purpose of enforcing such claims, the estate of the decedent may be opened or reopened, a special administrator appointed, and suit filed against the administrator within the period of the statute of limitations for such action. Any recovery by the claimant in such action shall not affect the distribution of the assets of the estate of the decedent unless a claim was filed in the district court within the time allowed for filing claims against the estate under subsection (1) or an action commenced as provided in subsection (2) of K.S.A. 59-2238 and amendments thereto. The action may be filed in any court of competent jurisdiction and the rules of pleading and procedure in the action shall be the same as apply in civil actions. Any such special administration shall be closed and the special administrator promptly discharged when the statute of limitations for filing such actions has expired and no action has been filed or upon conclusion of any action filed. All court costs incurred in a proceeding under this subsection shall be taxed to the petitioner.
History: L. 1939, ch. 180, § 215; L. 1972, ch. 215, § 16; L. 1976, ch. 245, § 5; L. 1976, ch. 242, § 37; L. 1985, ch. 191, § 38; L. 2004, ch. 73, § 2; July 1.
The court may allow demands, which are payable at a future day, at the then present value thereof, or the court may order the executor or administrator to retain in his or her hands sufficient funds to satisfy the same upon maturity; or if the heirs, devisees, or legatees offer to give bond to a creditor for the payment of the creditor's demand according to the terms thereof, the court may order such bond to be given in satisfaction of such demand.
History: L. 1939, ch. 180, § 216; July 1.
Contingent claims or demands against an estate shall be heard and determined by the court in accordance with the rights of the parties respecting such claims and in such manner as not to delay the closing of the estate, if that can be done with justice to the parties.
History: L. 1939, ch. 180, § 217; July 1.
A petition for the sale of personal property of a decedent may be heard with or without notice. The order of sale shall describe the property, and direct whether it shall be sold at private sale or public auction. No sale of personal property shall be made at private sale for less than three-fourths of the valuation pursuant to K.S.A. 59-1201, or in the event of appraisement, for no less than three-fourths of the appraised value so determined pursuant to K.S.A. 59-1202.
History: L. 1939, ch. 180, § 218; L. 1976, ch. 245, § 11; L. 1978, ch. 220, § 1; July 1.
In all sales at public auction, the personal representative shall give notice containing a description of the property to be sold, and stating the time, terms and place of sale, by publication once not less than 10 days before the date of sale in some newspaper, authorized to publish legal notices, of the county where the sale is to be held. If the sale is being held as an auction that takes place over more than one day, the notice shall be published not less than 10 days before the first day that the auction is open for bidding.
History: L. 1939, ch. 180, § 219; L. 1985, ch. 194, § 1; L. 2024, ch. 35, § 3; July 1.
In all sales of personal property, the court may authorize credit to be given by the executor or administrator not exceeding nine (9) months from the date of his or her appointment and qualification. When such credit is given, notes or bonds with approved sureties shall be taken by the executor or administrator.
History: L. 1939, ch. 180, § 220; L. 1972, ch. 215, § 17; July 2.
Within thirty (30) days after any public or private sale of personal property the executor or administrator shall make due report thereof verified by affidavit to the district court. Such report shall include proof of proper notice of such sale, if at public auction, and, if a clerk was employed for such sale, shall be accompanied by a sale bill signed by such clerk.
History: L. 1939, ch. 180, § 221; L. 1976, ch. 242, § 38; January 10, 1977.
A petition for partial distribution may be heard without notice, or the court may require notice to be given. When such notice is required or given, a decree of partial distribution shall be final as to the persons entitled to such distribution and as to their respective proportions of the whole estate, unless such decree includes only specific legacies. Where any person entitled to receive a distributive share of any partial distribution of an estate hereunder is the defendant in a garnishment action or proceeding wherein the executor or administrator of the estate is the garnishee, such person's distributive share shall be subject to the order of garnishment served upon the executor or administrator, and no property or funds of the estate shall be delivered or paid over to such person until further order of the court from which the order of garnishment was issued.
History: L. 1939, ch. 180, § 222; L. 1972, ch. 222, § 15; L. 2004, ch. 73, § 3; July 1.
(a) The petition of an executor or an administrator for a final settlement and accounting, and a determination of the persons entitled to the estate of a decedent, shall, in addition to other requirements, contain:
(1) A statement of the account;
(2) the names, residences, and addresses of the heirs, devisees, and legatees;
(3) a description of the real estate and the interest of the decedent therein at the time of the decedent's death;
(4) the nature and character of the respective claims of the heirs, devisees, and legatees of the decedent; and
(5) a statement that neither the decedent nor a predeceased spouse of the decedent were paid medical assistance under K.S.A. 39-709, and amendments thereto, or the laws of any other state, or, in the event that such assistance was paid for or to the decedent or a predeceased spouse of the decedent under K.S.A. 39-709, and amendments thereto, or the laws of any other state, that the state making such payments was duly notified of the filing of the petition as required by K.S.A. 59-2222, and amendments thereto.
Notice of the hearing on a petition of an executor or administrator for a final settlement and accounting in which title to real estate is to be assigned by the court shall be given pursuant to K.S.A. 59-2209, and amendments thereto. In all other cases, notice shall be given or waived as provided in K.S.A. 59-2208, and amendments thereto.
History: L. 1939, ch. 180, § 223; L. 1987, ch. 212, § 3; L. 2007, ch. 190, § 14; L. 2015, ch. 42, § 16; July 1.
All questions as to advancements made, or alleged to have been made, by the intestate to any heir shall be heard and determined by the court at the time of settlement, and every such advancement shall be specified in the decree distributing and assigning the estate. For the purpose of determining what proportion any one who has received an advancement is entitled to receive from the estate, the court shall ascertain the value of the entire residue of such estate, by ordering an appraisement or in such other manner as it may deem best.
History: L. 1939, ch. 180, § 224; July 1.
(a) On the hearing, unless otherwise ordered, the executor or administrator shall, and other persons may, be examined relative to the account and the distribution of the estate. If all the taxes payable by the estate have been paid so far as there are funds to pay them and the account is correct, it shall be settled and allowed. If the account is incorrect, it shall be corrected and then settled and allowed. Upon settlement and allowance, the court shall determine the heirs, devisees and legatees entitled to the estate and assign it to them by its decree, pursuant to the terms of the will, the laws of intestate succession in effect on the date of the decedent's death or a valid settlement agreement. The decree shall name the heirs, devisees and legatees; describe the property; and state the proportion or part thereof to which each is entitled. The decree shall be binding as to all the estate of the decedent, whether specifically described in the proceedings or not. In the estate of a testate decedent, no heirs need be named in the decree unless they have, as such, an interest in the estate.
(b) When the final decree includes real estate, such decree, or a certified copy of it, may be entered on the transfer record of the county clerk of the proper county. When any such decree which includes real estate shall become final, it shall be the duty of the court to transmit a certified copy of it to the county clerk and the county clerk shall enter it on the transfer record in the clerk's office.
(c) If any person entitled to receive a distributive share of an estate pursuant to a decree hereunder is the defendant in a garnishment action or proceeding in which the executor or administrator of the estate is the garnishee, the person's distributive share shall be subject to the order of garnishment served upon the executor or administrator, and no property or funds of the estate shall be delivered or paid over to the person until further order of the court from which the order of garnishment was issued.
History: L. 1939, ch. 180, § 225; L. 1949, ch. 314, § 1; L. 1972, ch. 222, § 16; L. 1976, ch. 242, § 39; L. 1985, ch. 191, § 39; L. 1989, ch. 174, § 2; L. 1990, ch. 198, § 3; L. 2000, ch. 76, § 4; L. 2010, ch. 44, § 22; July 1.
Whenever any person has been dead for more than six months and has left property or any interest in property, any person interested in the estate or claiming an interest in such property may petition the district court of the county of the decedent's residence, or of any county where property or any interest in property of the decedent is situated, to determine its descent under the laws of intestate succession or under the terms of a valid settlement agreement if:
(a) No will has been filed under K.S.A. 59-618a and amendments thereto within six months after death;
(b) no petition has been filed for the probate of a will in this state; and
(c) no petition for administration has been filed in this state or administration has been had without a determination of the descent of the property.
History: L. 1939, ch. 180, § 226; L. 1941, ch. 284, § 11; L. 1972, ch. 215, § 18; L. 1976, ch. 242, § 40; L. 1985, ch. 191, § 40; L. 1987, ch. 211, § 2; July 1.
Upon the filing of a petition for determination of descent, the court shall fix the time and place for the hearing on the petition. Notice of any such hearing upon which title to real estate is to be assigned shall be given pursuant to K.S.A. 59-2209, and amendments thereto. In all other cases, notice shall be given or waived as provided in K.S.A. 59-2208, and amendments thereto. Upon proof of the petition, the court shall allow it and enter the court's decree assigning the property to the persons entitled thereto at the time of the decedent's death pursuant to the law of intestate succession in effect on the date of the decedent's death or a valid settlement agreement.
History: L. 1939, ch. 180, § 227; L. 1941, ch. 284, § 12; L. 1978, ch. 221, § 1; L. 1985, ch. 191, § 41; L. 1987, ch. 212, § 4; L. 2000, ch. 76, § 5; L. 2010, ch. 44, § 23; July 1.
A party against whom a judgment or decree has been rendered in proceedings to determine the persons entitled to the real property of a decedent, without other service than publication in a newspaper, may at any time within one year after the date of the judgment or decree have it opened or set aside and be let in to defend. Before such judgment or decree is opened or set aside, the respondent shall: (1) Give notice to the adverse party of the respondent's intention to make such application; (2) file a full answer to the petition or other pleading; (3) pay all costs of such proceeding if the court requires them to be paid; and (4) make it appear to the satisfaction of the court, by affidavit, that during the pendency of the proceeding the respondent had no actual notice of it in time to appear in court and make the respondent's defense. The title to any property which is the subject of the judgment or decree sought to be opened or set aside and which in consequence of the judgment or decree has passed to a purchaser in good faith shall not be affected by any proceedings under this section. The adverse party, on the hearing of an application to open or set aside such judgment or decree as provided by this section, shall be allowed to present counter affidavits to show that during the pendency of such proceeding the respondent had notice thereof in time to appear in court and make the respondent's defense.
History: L. 1939, ch. 180, § 228; L. 1985, ch. 191, § 42; July 1.
When any intermediate account of a trustee is filed without a petition of the trustee for a hearing thereon, a copy of the account shall be transmitted to each known beneficiary and proof of such transmission shall be filed with the court. The trustee or any beneficiary may file a petition for the approval of the account, and any beneficiary may file a petition for the disapproval thereof. The trustee shall, subject to the provisions of K.S.A. 59-1607 and 59-1608, file a petition for the approval of a final account. When any such petition is filed, notice of the hearing shall be given to the trustee and each known beneficiary, other than the petitioner, for such time and in such manner as the court deems reasonable.
History: L. 1939, ch. 180, § 229; July 1.
Any beneficiary who is under legal disability, and also all possible unborn or unascertained beneficiaries may be represented in a trust accounting by living competent members of the class to which they do or would belong, or by a guardian ad litem, as the court deems best.
History: L. 1939, ch. 180, § 230; L. 1965, ch. 346, § 34; January 1, 1966.
The court shall, after hearing the petition, act upon the account, and discharge the trustees if the account is an approved distribution account. The court may disapprove any account and surcharge the trustee for any loss caused by a breach of trust committed by the trustee.
History: L. 1939, ch. 180, § 231; July 1.
The approval by the court of a trustee's account after due notice or representation as provided in this act, shall relieve the trustee and the trustee's sureties from liability to all beneficiaries then known and in being, or who thereafter become known or in being, for all the trustee's acts and omissions which are fully and accurately described in the account, including the then investment of trust funds.
History: L. 1939, ch. 180, § 232; July 1.
History: L. 1939, ch. 180, § 233; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 234; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 235; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 236; L. 1943, ch. 213, § 4; L. 1945, ch. 236, § 2; L. 1947, ch. 314, § 2; L. 1957, ch. 323, § 2; L. 1959, ch. 245, § 1; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 237; L. 1941, ch. 284, § 13; L. 1961, ch. 270, § 1; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 238; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 239; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 240; L. 1961, ch. 270, § 2; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 241; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 242; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 243; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 244; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 245; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
Revisor's Note: Later act providing for care of mentally ill persons, see 59-2901 et seq.
History: L. 1939, ch. 180, § 246; Repealed, L. 1965, ch. 347, § 35; January 1, 1966.
History: L. 1939, ch. 180, § 247; L. 1945, ch. 236, § 3; L. 1961, ch. 270, § 3; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1939, ch. 180, § 248; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1939, ch. 180, § 249; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1939, ch. 180, § 250; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1939, ch. 180, § 251; L. 1957, ch. 324, § 1; L. 1959, ch. 246, § 1; L. 1963, ch. 300, § 1; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
Revisor's Note: Later act, see 59-2111 et seq.
History: L. 1939, ch. 180, § 252; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1945, ch. 236, § 4; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
History: L. 1939, ch. 180, § 253, L. 1982, ch. 182, § 137; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1939, ch. 180, § 254; L. 1951, ch. 344, § 1; L. 1953, ch. 275, § 1; L. 1981, ch. 229, § 1; L. 1983, ch. 190, § 1; L. 1985, ch. 195, § 1; L. 1987, ch. 151, § 3; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1985, ch. 195, §§ 2, 3; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1985, ch. 142, § 1; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1939, ch. 180, § 255; Repealed, L. 1990, ch. 145, § 38; July 1.
History: L. 1945, ch. 238, § 1; L. 1976, ch. 242, § 41; Repealed, L. 1990, ch. 145, § 38; July 1.
Proceedings for the administration of estates of two deceased persons, who died intestate, may be joined and united in one proceeding, where the estate or estates left by one or both of such deceased persons has been or is to be received from the other of such deceased persons, immediately or remotely, and no probate or administration proceedings have been had or commenced upon the estate of either of such deceased persons, or where two persons died seized of undivided interests in property, real or personal, and no probate or administration proceedings have been had or commenced on the estate of either, and one or more persons are heirs of both such deceased persons. The court may grant letters of administration upon such estates and they may be administered as one proceeding: Provided, That in all cases herein mentioned the court granting such letters has jurisdiction of each proceeding so joined and united.
History: L. 1947, ch. 316, § 1; June 30.
Proceedings for the determination of descent of real or personal property, as provided by the probate code, of two or more deceased persons, may be joined and united in one proceeding where the estate or estates left by one or more of such deceased persons, or some part thereof, has been or is to be received from another of such deceased persons, immediately or remotely, or where two or more deceased persons died seized of undivided interests in property, real or personal, and no probate or administration proceedings have been had or commenced on the estate of any of them and one or more persons are heirs of all of such deceased persons.
History: L. 1947, ch. 316, § 2; June 30.
The district court, for good cause shown, may permit said proceedings to be separated and separate petitions filed and docketed for the probate or administration of any estate, and if notice has been previously given and approved by the court, each of said estates shall be proceeded in without further notice.
History: L. 1947, ch. 316, § 3; L. 1976, ch. 242, § 42; January 10, 1977.
In all cases in which proceedings under this act are joined or united, as herein provided, the proceedings shall set out and disclose all facts as to each separate estate that would be required if such proceedings were separately conducted.
History: L. 1947, ch. 316, § 4; June 30.
History: L. 1947, ch. 316, § 5; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
(a) If a person who is a life tenant or joint tenant in real or personal property dies either testate or intestate, leaving no property or estate on which administration proceedings have been had or commenced, any of the remaindermen having an interest in the real or personal property subject to such life estate, any survivor of such joint tenancy or any person claiming any right, title or interest in such real or personal property by, through or under such remainderman or survivor may have the fact of the death of the life tenant or joint tenant and the fact of devolution of title to such real or personal property judicially determined by filing a petition in the district court of the county in which the real property or a part of it is situated, or of the county of the residence of the decedent, alleging the facts of such life estate or joint tenancy; describing such real or personal property; alleging the death of such life tenant or joint tenant as the case may be; and setting forth the names and addresses, if known, of all of the heirs of the decedent, if intestate, or of the decedent's heirs, devisees and legatees, if testate, and of all other persons known by the petitioner to claim any interest in the real or personal property. The petition shall be sworn to by the petitioner, the petitioner's agent or attorney.
(b) Upon the filing of such petition, the court shall enter an order fixing the date and hour for hearing it, which date shall be not less than 10 days from the date of entry of the order.
(c) Notice of hearing in all proceedings commenced pursuant to this section in which real property is to be assigned by the court shall be given pursuant to K.S.A. 59-2209, and amendments thereto. In all other cases, notice shall be given or waived as provided by K.S.A. 59-2208, and amendments thereto.
(d) Upon hearing of such petition, the court shall hear the evidence and proof of the death. The court shall enter an order and decree determining the following facts: (1) The death of the life tenant or joint tenant, as the case may be; (2) the termination of the life estate or joint tenancy in real or personal property, as the case may be; and (3) the fact of devolution of title to the real or personal property to the remaindermen having an interest in the real or personal property, or the survivor or survivors of such joint tenancy, as the case may be. Upon entry, the order or decree, unless appealed as provided by law within 30 days from the date issued, shall be conclusive of the facts therein found as to all purchasers, encumbrancers or lienors of such real or personal property acquiring their titles, encumbrances or liens in good faith, relying upon the decree.
History: L. 1951, ch. 346, § 1; L. 1965, ch. 351, § 1; L. 1976, ch. 242, § 43; L. 1985, ch. 191, § 43; L. 2000, ch. 76, § 6; L. 2010, ch. 44, § 24; July 1.
(a) The district court, in its discretion, may refuse to grant letters in the following cases:
(1) When the value of real or personal property owned by the decedent is not greater in amount than is allowed by law as exempt property and the allowance to the surviving spouse or minor children under K.S.A. 59-403, and amendments thereto.
(2) When the real and personal estate of the decedent does not exceed $75,000 and the estate is not subject to allowances pursuant to K.S.A. 59-403, and amendments thereto, or such allowances are waived, any heir, devisee, legatee, creditor or other interested person may petition for refusal of letters by giving bond in the sum of not less than the value of the estate. Such bond shall be approved by the district court and conditioned upon the creditor's or heir's assuming the obligation to pay, so far as the assets of the estate will permit, the debts of the decedent in the order of their preference, and to distribute the balance, if any, to the persons entitled thereto under the law, except that real estate sold in accordance with this section shall be deemed to have marketable title as ordered by the court, and no creditor, heir or other person shall be deemed to have an interest after passage of six months following the date of death.
(b) Proof may be allowed by or on behalf of the surviving spouse or minor children before the district court of the value and nature of the estate. If the court is satisfied that no estate will be left after allowing to the surviving spouse or minor children their exempt property and statutory allowances, or that the real and personal estate does not exceed $75,000 when the petition is filed by a creditor or heir, the court may order that no letters of administration shall be issued on the estate, unless, upon the petition of other creditors, heirs or parties interested, the existence of other or further property is shown.
(c) When a petition is filed under this section by a surviving spouse or minor children, notice of the proceeding shall be given pursuant to K.S.A. 59-2222, and amendments thereto.
(d) Whenever it appears to the court that further proceedings in the administration of an estate pursuant to this section are unnecessary, the court shall enter an order terminating the administration of such estate. Such order shall be made without notice, unless the court otherwise orders, and it shall be to the effect that, unless further estate of the decedent be discovered, all further settlements and other proceedings concerning the estate be dispensed with and that the surviving spouse and minor children are relieved of any further obligations with respect to the estate. If further estate of the decedent is discovered and administration is had on it, such administration shall not abrogate or invalidate or otherwise affect any right, title or interest in property transferred or vested pursuant to this section unless the court, for good cause shown, otherwise determines and orders.
(e) Any will filed pursuant to this section within a period of six months after the death of the testator may be admitted to probate after such six-month period.
History: L. 1965, ch. 353, § 1; L. 1968, ch. 186, § 1; L. 1969, ch. 282, § 1; L. 1970, ch. 229, § 1; L. 1975, ch. 299, § 21; L. 1976, ch. 242, § 44; L. 1979, ch. 179, § 2; L. 1980, ch. 166, § 6; L. 1985, ch. 191, § 44; L. 1989, ch. 173, § 6; L. 1993, ch. 277, § 2; L. 2000, ch. 76, § 7; L. 2000, ch. 159, § 9; L. 2008, ch. 14, § 4; L. 2010, ch. 44, § 25; L. 2023, ch. 77, § 11; July 1.
In cases arising under K.S.A. 59-2287, the district court, if it finds that it would be just and equitable to make an apportionment of property between a surviving spouse and minor children, shall in its order thereunder make such apportionment of the personal property and assign title.
History: L. 1965, ch. 353, § 2; L. 1975, ch. 299, § 22; L. 1976, ch. 242, § 45; January 10, 1977.
The district court in its discretion may order the appraisal of the property before an order refusing letters is made under K.S.A. 59-2287. The appraisal shall be made by one or more appraisers approved by the court and the cost shall be paid by the persons entitled to the property in accordance with the order of the court.
History: L. 1965, ch. 353, § 3; L. 1976, ch. 242, § 46; January 10, 1977.
This act shall be construed as supplemental to and a part of the Kansas probate code.
History: L. 1965, ch. 353, § 4; June 30.
(a) A person or the personal representative of a person may disclaim in whole, in part or in an undivided part any real or personal property, or any interest therein or power thereover, passing upon death of another to such person as: (1) Heir; (2) next of kin; (3) devisee; (4) legatee; (5) a person succeeding to a disclaimed interest; (6) beneficiary under a testamentary instrument; (7) beneficiary under an insurance policy; (8) joint owner with a right of survivorship in real or personal property, to the extent the survivor may take more than the survivor's equitable portion of the property; (9) a person named to take on the death of the other person; (10) donee of a power of appointment; (11) beneficiary under the terms of an inter vivos trust; or (12) a person designated to take pursuant to a power of appointment exercised by or under a testamentary instrument.
(b) Disclaimer pursuant to this act shall be made by filing a written instrument and giving notice thereof in the manner hereinafter provided. The instrument shall: (1) Describe the property, interest or power subject to the disclaimer, (2) contain a declaration of disclaimer and the extent thereof and (3) be signed and acknowledged by the disclaimant.
(c) Notwithstanding the provisions of subsections (a) and (b), a disclaimer shall only be valid to the extent that it does not conflict with K.S.A. 39-709 and amendments thereto.
History: L. 1968, ch. 367, § 1; L. 1976, ch. 242, § 47; L. 1980, ch. 168, § 1; L. 1985, ch. 191, § 45; L. 1993, ch. 180, § 2; July 1.
(a) The disclaimer instrument shall be filed within nine months after the latest of: (1) The death of the decedent or the donee of the power, as the case may be; (2) if the taker of the power, property or interest is not then finally ascertained or if the taker's interest has not become indefeasibly fixed both in quality and in quantity, the date that the taker becomes finally ascertained and such taker's interest becomes indefeasibly fixed both in quality and in quantity; or (3) the date when the taker of the property, interest or power attains the age of 21 years.
(b) The disclaimer instrument shall be filed and recorded in the district court in which the estate of the decedent or the donee of the power is or may be administered. Upon filing the disclaimer instrument, the disclaimant shall give notice of the disclaimer by personal delivery or sending, by certified mail, a copy of the instrument to the transferor, or the personal representative of the transferor, of the property, interest or power or to the holder of the legal title to the property to which the interest or power relates.
History: L. 1968, ch. 367, § 2; L. 1972, ch. 215, § 19; L. 1976, ch. 242, § 48; L. 1980, ch. 168, § 2; L. 1985, ch. 191, § 46; July 1.
(a) Unless the decedent or donee of the power has otherwise provided, the property, interest or power disclaimed as provided in K.S.A. 59-2291 and amendments thereto shall descend or be distributed as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take pursuant to a power of appointment exercised by or under a testamentary instrument, as if the disclaimant had predeceased the donee of the power. In every case, the disclaimer shall relate back for all purposes to the date of death of the decedent or the donee, as the case may be, except that, in the case of a beneficiary under the terms of an inter vivos trust, the disclaimer shall relate back to the date of the transfer.
(b) Any conveyance of or contract to convey real property or any interest therein, any assignment or transfer of or contract to assign or transfer personal property, any written waiver of the right to disclaim the taking of or power over real or personal property or any sale or other disposition of real or personal property pursuant to judicial process by a person attempting to disclaim the taking of or power over property bars the right of such person to disclaim as to the power, property or interest.
(c) The right to disclaim shall exist irrespective of any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction.
(d) A disclaimer when filed and recorded or a written waiver of the right to disclaim shall be final, and the disclaimer or waiver cannot be revoked and shall be binding upon the disclaimant or person waiving, the personal representative of the disclaimant or person waiving and all parties claiming the right to disclaim or waive by, through or under the disclaimant or person waiving, except that, in the case of disclaimer, the interest in or power over the property shall pass as provided in subsection (a) unless otherwise provided by the instrument creating the interest or power or unless the interest or power is further disclaimed by the person succeeding to the disclaimed interest or power.
(e) Any interest in real or personal property which exists on the effective date of this act, but which has not then become indefeasibly fixed both in quality and quantity, or the taker of which has not then become finally ascertained, may be disclaimed after the effective date of this act in the manner provided herein, but no interest which has become fixed prior to the effective date of this act in any person other than the disclaimant shall be destroyed or diminished by any action of the disclaimant taken pursuant to this act.
(f) Any interest, rents, profits or other income which arises from an interest in property disclaimed pursuant to this act and which accrues between the date of the death of the decedent or donee and the date of the disclaimer shall be the property of the person entitled to receive the disclaimed interest in the property and the person shall have a right of action against the disclaimant to recover that income.
History: L. 1968, ch. 367, § 3; L. 1980, ch. 168, § 3; L. 1982, ch. 236, § 1; July 1.
The provisions of this act shall be part of and supplemental to the Kansas probate code.
History: L. 1980, ch. 168, § 4; July 1.
History: L. 1987, ch. 212, § 2; Repealed, L. 2002, ch. 133, § 93; January 1, 2003.
History: L. 1989, ch. 171, § 1; Repealed, L. 2002, ch. 133, § 93; January 1, 2003.
(a) If a trust for charity is or becomes illegal or impossible or impracticable of fulfillment or if a devise or bequest for charity, at the time it was intended to become effective is illegal or impossible or impracticable of fulfillment, and if the settlor or testator, manifested a general intention to devote the property to charity, any judge, on application of any trustee, executor, administrator, any interested party or the attorney general, may order an administration of the trust, devise or bequest as nearly as possible to fulfill the manifested general charitable intention of the settlor or testator. In every such proceeding, the attorney general, as representative of the public interest, shall be notified and given an opportunity to be heard. The provisions of this act shall not be applicable if the settlor or testator has provided, either directly or indirectly, for an alternative plan in the event the charitable trust, devise or bequest is or becomes illegal or impossible or impracticable of fulfillment. If the alternative plan is also a charitable trust or devise or bequest for charity and such trust, devise or bequest for charity fails, the intention shown in the original plan shall prevail in the application of this act.
(b) In the case of a will, trust or other governing instrument, if a federal estate tax deduction is not allowable at the time of a decedent's death because of the failure of an interest in property which passes from the decedent to a person, or for a use, described in section 2055(a) of the internal revenue code of 1986, to meet the requirements of section 170(f)(3)(B) or 2055(e)(2) of the internal revenue code of 1986, then in order that such deduction shall nevertheless be allowable under section 2055(a) of the internal revenue code of 1986, any judge, on application of any trustee, executor, administrator or any interested party may:
(1) With the written consent of the charitable beneficiaries, the noncharitable beneficiaries not under any legal disability and duly appointed guardians or guardians ad litem
acting on behalf of any beneficiaries under legal disability or conservator; or
(2) upon a finding that the interest of such beneficiaries is substantially preserved, order a change to the governing instrument by reformation, amendment, construction or otherwise, which changes a reformable interest into a qualified interest within the meaning of section 2055(e)(3) of the internal revenue code of 1986. In every such proceeding, the attorney general, as representative of the public interest, shall be notified and given an opportunity to be heard.
(c) As used in this act:
(1) "Charity" and "charitable" includes, but is not limited to, any eleemosynary, religious, benevolent, educational, scientific, artistic or literary purpose.
(2) "Impracticable of fulfillment" includes, but is not limited to, the failure of any trust for charity, testamentary or inter vivos, including, without limitation, trusts described in section 509 of the internal revenue code of 1986 and charitable remainder trusts described in section 664 of the internal revenue code of 1986, to include, if required to do so by section 508(e) or section 4947(a) of the internal revenue code of 1986, the provisions relating to governing instruments set forth in section 508(e) of the internal revenue code of 1986.
(d) The provisions of this act shall be effective as to all wills and trusts not construed prior to the effective date of this act.
History: L. 1988, ch. 199, § 1; L. 1991, ch. 168, § 1; May 2.
As used in this article*, the word "lease," unless the context otherwise indicates, means a lease for more than three years, or an oil and gas or other mineral lease; the word "mortgage" includes an extension of an existing mortgage, subject to the provision of K.S.A. 59-1809**.
History: L. 1939, ch. 180, § 256; July 1.
A petition for the lease of the real estate of a decedent, or of a conservatee, for a term of three years or less may be heard with or without notice. The court may direct the personal representative to execute the lease whenever it appears to be for the best interests of the estate or the persons interested in the real estate.
History: L. 1939, ch. 180, § 257; L. 1965, ch. 346, § 35; L. 1985, ch. 191, § 47; July 1.
(a) An executor or administrator may file a petition to sell real estate of a decedent. The petition shall state the facts constituting the reasons for the application and describe the real estate to be sold. It may include all the real estate of the decedent subject to sale, or any part or parts thereof.
The petition also may state the name of a prospective purchaser and the terms of a proposed sale, and may include a request for approval of named appraisers and for confirmation of the proposed transaction. In this event, the petition also shall contain a full disclosure of any financial or blood relationship between the proposed purchaser and the fiduciary. If no such relationship exists, the petition shall so state.
(b) A conservator may file a petition to sell, lease, or mortgage real estate of a conservatee. The petition shall state the facts constituting the reasons for the application and describe the real estate to be sold, leased, or mortgaged. It may include all the real estate of the conservatee subject to sale, lease, or mortgage, or any part or parts thereof. It may apply in the alternative for authority to sell, lease, or mortgage.
The petition also may state the name of a prospective purchaser, lessee or mortgagee and the terms of a proposed sale, lease or mortgage, and may include a request for approval of named appraisers and for confirmation of the proposed transaction. In this event, the petition also shall contain a full disclosure of any financial or blood relationship between the proposed purchaser, lessee and mortgagee, and the fiduciary. If no such relationship exists, the petition shall so state.
History: L. 1939, ch. 180, § 258; L. 1965, ch. 346, § 36; L. 1975, ch. 299, § 23; L. 1976, ch. 245, § 6; July 1.
Notice of the hearing, unless waived, shall briefly state the nature of the application made by the petition and shall be given in such manner as the court may direct. At the hearing and upon proof of the petition, the court shall have full power to order the sale, lease, or mortgage of all the real estate described in the petition, or to order the sale, lease, or mortgage of one or more tracts thereof, if such order shall be within the terms of the application made by the petition. The district court, with the consent of the mortgagee, may order the sale of real estate subject to the mortgage, but such consent shall release the estate of the decedent or conservatee, should a deficit later appear. If the petition and notice have included the details of a proposed transaction, the court may confirm the proposed sale, lease or mortgage, provided that the requirements of K.S.A. 59-1703 and 59-2307, have been met.
History: L. 1939, ch. 180, § 259; L. 1965, ch. 346, § 37; L. 1975, ch. 299, § 24; L. 1976, ch. 245, § 7; L. 1976, ch. 242, § 49; January 10, 1977.
(a) In all cases the order shall describe the real estate to be sold, leased or mortgaged and may designate the sequence in which the several tracts shall be sold, leased or mortgaged, subject to the provisions of this act.
(b) An order for sale shall direct whether the real estate shall be sold at private sale or public auction. If at private sale, it shall direct that the real estate shall not be sold for less than
¾ of the appraised value. If at public auction, it shall direct the place or places of sale. It shall direct that the sale be for cash, for cash and deferred payments, or deferred payments. In all cases, the order shall specify the time of payment, the interest on deferred payments and the manner in which the payments shall be secured.
(c) An order to lease shall not be made for less than ¾ of the appraised value of the leasehold interest. The order shall direct that the lease be for cash, for cash and deferred payments or for deferred payments. If the lease is of real estate used for farming, the lease may be upon a crop share basis and the share shall be that recognized as standard in the community, subject to the approval of the court. In all cases, the order shall specify the time of payment, the interest on deferred payments and the manner in which the payments shall be secured.
(d) An order to mortgage shall fix the maximum amount of principal, the maximum rate of interest and the earliest and latest date of maturity and shall direct the purpose for which the proceeds shall be used.
(e) An order for sale, lease or mortgage shall remain in force until terminated by the court, but no private sale or lease shall be made unless the real estate or the leasehold interest in the real estate has been appraised or reappraised within six months preceding the sale or lease.
(f) If the petition and notice have included the details of a proposed transaction and the requirements of K.S.A. 59-1703 and 59-2307, and amendments thereto, have been met, the court may confirm the proposed transaction as a part of its order to sell, lease or mortgage, and no report of sale or confirmation of sale shall be required.
History: L. 1939, ch. 180, § 260; L. 1968, ch. 175, § 1; L. 1975, ch. 299, § 25; L. 1976, ch. 245, § 8; L. 1982, ch. 237, § 1; April 15.
The court may require the personal representative, if it deems it necessary before such sale, lease or mortgage, or before the confirmation thereof, to give an additional bond to secure the further assets arising from the sale, lease or mortgage of such real estate.
History: L. 1939, ch. 180, § 261; L. 1985, ch. 191, § 48; July 1.
Before the personal representative sells or leases any real estate at private sale, such real estate shall be appraised at its full and fair value. For the purpose of conducting the appraisal, the personal representative shall appoint not more than three disinterested appraisers who shall be approved by the court unless good cause is shown to the court why the named appraisers should not be approved. The appraisal shall be made within the time period prescribed by subsection (e) of K.S.A. 59-2305 and amendments thereto.
History: L. 1939, ch. 180, § 262; L. 1961, ch. 271, § 1; L. 1975, ch. 299, § 26; L. 1976, ch. 245, § 9; L. 1985, ch. 191, § 49; July 1.
In all sales at public auction the personal representative shall give notice containing a particular description of the real estate to be sold, and such notice shall state the time, terms and place of sale. The notice shall be given by publication once per week for three consecutive weeks in some newspaper, authorized to publish legal notices, of the county where the real estate is situated. The date set for the sale shall not be earlier than 10 days and not later than 30 days after the date of the last publication of notice. If the sale is being held as an auction that takes place over more than one day, the first day that the auction is open for bidding shall not be earlier than 10 days and not later than 30 days after the date of the last publication notice. If the tracts to be sold are contiguous and lie in more than one county, notice may be given and the sale made in either of such counties.
History: L. 1939, ch. 180, § 263; L. 1985, ch. 191, § 50; L. 2023, ch. 77, § 12; L. 2024, ch. 35, § 4; July 1.
(a) The personal representative shall make a verified report of such representative's proceedings to the court, with the certificate of appraisement in case appraisement is required, and with proof of publication in case sale is made at public auction. The report shall state that the personal representative did not directly or indirectly acquire any beneficial interest in the real estate, or the lease or mortgage thereof, as the case may be, and that the personal representative is not interested in the property sold, leased or mortgaged, except as stated in such representative's report. The report also shall contain a full disclosure of any financial or blood relationship between the personal representative and the proposed purchaser, lessee or mortgagee. If no such relationship exists, the report shall so state.
(b) The court, after having duly examined the report and being satisfied that the sale, lease or mortgage has been in all respects made in conformity to law and ought to be confirmed, shall confirm it and order the personal representative to make a deed, lease or mortgage to the person entitled thereto. The instrument shall refer to the order for sale, lease or mortgage by its date, and the court by which it was made, and shall transfer to the grantee, lessee or mortgagee all the right, title and interest of the decedent or conservatee in the estate granted by the instrument, discharged from liability assumed for the decedent's or conservatee's debts, except encumbrances assumed.
History: L. 1939, ch. 180, § 264; L. 1965, ch. 346, § 38; L. 1975, ch. 299, § 27; L. 1985, ch. 191, § 51; July 1.
Upon the filing of a petition by any person claiming to be entitled to a conveyance from a decedent or conservatee bound by written instrument to make a conveyance or lease, or by the personal representative, setting forth a description of the real estate and the facts upon which such claim for conveyance or lease is based, the court shall fix the time and place for the hearing thereof, notice of which shall be given to such persons and in such manner as the court shall direct. Upon proof of the petition, the court may order the personal representative to execute and deliver a deed of conveyance or lease upon performance of the contract.
History: L. 1939, ch. 180, § 265; L. 1965, ch. 346, § 39; L. 1985, ch. 191, § 52; July 1.
The deed or other instrument of the personal representative executed pursuant to K.S.A. 59-2309 or 59-2310, and amendments thereto, shall be received in all courts as presumptive evidence that the personal representative in all respects observed the directions and complied with the requisites of law and shall vest title to the estate granted in the party receiving it in the same manner as if conveyed by the decedent in the decedent's lifetime or conveyed, leased or mortgaged by the conservatee as if of full age and sound mind.
History: L. 1939, ch. 180, § 266; L. 1965, ch. 346, § 40; L. 1985, ch. 191, § 53; July 1.
The court may in its discretion, after notice to all parties in interest, allow a real estate commission, but such allowance shall be passed upon by the court prior to the sale.
History: L. 1939, ch. 180, § 267; July 1.
The court shall have authority to allow payment for certificate of abstract of title or policy of title insurance in connection with the sale of any real estate.
History: L. 1939, ch. 180, § 268; July 1.
When a husband or wife, while occupying a homestead, is adjudged to be an incapacitated person, the conservator of such spouse may be authorized, by the district court having jurisdiction, to join with the competent spouse in executing a mortgage upon the homestead, renewing or refinancing an encumbrance thereon which is likely to cause loss, or in executing a lease thereon authorizing the lessee, said lessee's heirs and assigns, to explore and produce therefrom oil, gas, coal, lead, zinc, or other minerals as herein provided.
History: L. 1945, ch. 240, § 1; L. 1965, ch. 346, § 41; L. 1976, ch. 242, § 50; January 10, 1977.
For the purposes set out in K.S.A. 59-2314, the competent spouse and the conservator may jointly file a petition in the district court of the county in which such homestead is situated praying for the execution of a mortgage upon the homestead or for the execution of an oil, gas or other mineral lease thereon.
History: L. 1945, ch. 240, § 2; L. 1965, ch. 346, § 42; L. 1976, ch. 242, § 51; January 10, 1977.
In the case of a proceeding hereunder for the execution of oil, gas or other mineral lease, a copy of the proposed lease shall be attached to the petition. The petition shall be heard upon notice as directed by the district court and determined as in other cases except that such petition shall not be heard in less than ten (10) days after a guardian ad litem shall have been appointed as in this act provided and notice of such appointment shall have been given to such guardian ad litem.
History: L. 1945, ch. 240, § 3; L. 1976, ch. 242, § 52; January 10, 1977.
In every proceeding brought under this act and immediately upon the filing of a petition as provided in K.S.A. 59-2315, a guardian ad litem shall be appointed for the incapacitated spouse, who shall make an independent investigation of the facts and representations made in the petition, and shall, on or before the date fixed for the hearing on said petition, file in said district court a verified report setting forth the results of said guardian's investigation, together with said guardian's recommendations respecting the relief prayed for in the petition. And the court shall consider such report together with all evidence that may be offered in support of such petition or report in determining what relief, if any, should be granted in the proceeding.
History: L. 1945, ch. 240, § 4; L. 1965, ch. 346, § 43; L. 1976, ch. 242, § 53; January 10, 1977.
In case of a proceeding to mortgage, the renewed or refinanced mortgage may include all sums of money necessary to discharge all liens on the homestead including interest, taxes, costs of all necessary proceedings, with a reasonable attorney fee, and the cost of abstract of title, or other title papers, when the necessity therefor or advantage to the owner of the homestead or to the insane spouse shall clearly appear.
History: L. 1945, ch. 240, § 5; April 6.
The proceeds from the execution of any such lease, whether denominated bonus, rental, royalty, or otherwise, shall be wholly exempt from liability for payment or satisfaction of any debts or other obligations of either spouse, except taxes, encumbrances and liens on the homestead, the necessary cost of the proceeding for the execution of such lease, and the support, maintenance and education of the conservatee, his or her spouse, and children.
History: L. 1945, ch. 240, § 6; L. 1965, ch. 346, § 44; January 1, 1966.
In its order authorizing the conservator to join with the competent spouse in executing an oil, gas or other mineral lease as provided in the act, the court may, in any proper case, authorize such conservator to join the competent spouse in the execution and delivery of an assignment of the proceeds of such lease to the owner and holder of any mortgage lien upon the homestead, as additional security for the payment of such mortgage lien, and for the application of such proceeds to the payment of the mortgage debt.
History: L. 1945, ch. 240, § 7; L. 1965, ch. 346, § 45; January 1, 1966.
The district court authorizing any such lease by order shall direct the division of the net proceeds of such lease between the competent spouse and the conservator in such proportions as may be proper, equitable and just, having due regard for the time and manner of acquiring the homestead. Any unpaid or undistributed proceeds at the death of either spouse shall be considered as property of the owner of the homestead and payable to such owner. Within the limits above prescribed such order for payment or distribution may for good cause shown, upon due notice and hearing, be revoked or modified from time to time as justice and interest of the parties may require.
History: L. 1945, ch. 240, § 8; L. 1965, ch. 346, § 46; L. 1976, ch. 242, § 54; January 10, 1977.
The mortgage or lease executed pursuant to this section shall be received in all courts as presumptive evidence that the conservator in all respects observed the directions and complied with the requisites of law, and shall vest title to the interest granted in the party receiving the same in like manner as if the mortgage or lease was executed by the conservatee and the conservatee was of full age and sound mind.
History: L. 1945, ch. 240, § 9; L. 1965, ch. 346, § 47; January 1, 1966.
(a) An appeal from a district magistrate judge to a district judge may be taken no later than 30 days from the date of entry of any of the following orders, judgments or decrees in any case involving a decedent's estate:
(1) An order admitting or refusing to admit a will to probate.
(2) An order finding or refusing to find that there is a valid consent to a will.
(3) An order appointing, refusing to appoint, removing or refusing to remove a fiduciary other than a special administrator.
(4) An order setting apart or refusing to set apart a homestead or other property, or making or refusing to make an allowance of exempt property to the spouse and minor children.
(5) An order determining, refusing to determine, transferring or refusing to transfer venue.
(6) An order allowing or disallowing a demand, in whole or in part, when the amount in controversy exceeds $10,000.
(7) An order authorizing, refusing to authorize, confirming or refusing to confirm the sale, lease or mortgage of real estate.
(8) An order directing or refusing to direct a conveyance or lease of real estate under contract.
(9) Judgments for waste.
(10) An order directing or refusing to direct the payment of a legacy or distributive share.
(11) An order allowing or refusing to allow an account of a fiduciary or any part thereof.
(12) A judgment or decree of partial or final distribution.
(13) An order compelling or refusing to compel a legatee or distributee to refund.
(14) An order compelling or refusing to compel payments or contributions of property required to satisfy the elective share of a surviving spouse pursuant to K.S.A. 59-6a201 et seq., and amendments thereto.
(15) An order directing or refusing to direct an allowance for the expenses of administration.
(16) An order vacating or refusing to vacate a previous appealable order, judgment, decree or decision.
(17) A decree determining or refusing to determine the heirs, devisees and legatees.
(18) An order adjudging a person in contempt pursuant to K.S.A. 59-6a201 et seq., and amendments thereto.
(19) An order finding or refusing to find that there is a valid settlement agreement.
(20) An order granting or denying final discharge of a fiduciary.
(21) Any other final order, decision or judgment in a proceeding involving a decedent's estate.
(b) An appeal from the district court to an appellate court taken pursuant to this section shall be taken in the manner provided by chapter 60 of the Kansas Statutes Annotated, and amendments thereto, for other civil cases.
(c) Pending the determination of an appeal pursuant to subsection (a) or (b), any order appealed from shall continue in force unless modified by temporary orders entered by the court hearing the appeal. The supersedeas bond provided for in K.S.A. 60-2103, and amendments thereto, shall not stay proceedings under an appeal from the district court to an appellate court.
(d) In an appeal taken pursuant to subsection (a) or (b), the court from which the appeal is taken may require an appropriate party, other than the state of Kansas, any subdivision thereof, and all cities and counties in this state, to file a bond in such sum and with such sureties as may be fixed and approved by the court to ensure that the appeal will be prosecuted without unnecessary delay and to ensure the payment of all judgments and any sums, damages and costs that may be adjudged against that party.
History: L. 1939, ch. 180, § 269; L. 1965, ch. 346, § 48; L. 1976, ch. 243, § 43; L. 1976, ch. 242, § 55; L. 1977, ch. 112, § 18; L. 1987, ch. 211, § 3; L. 2000, ch. 25, § 8; L. 2002, ch. 114, § 61; L. 2006, ch. 56, § 2; L. 2023, ch. 77, § 13; July 1.
(a) An appeal by an interested party from a district magistrate judge who is not regularly admitted to practice law in Kansas to a district judge may be taken no later than 14 days from any final order, judgment or decree entered in any proceeding pursuant to:
(1) The Kansas adoption and relinquishment act, K.S.A. 59-2111 et seq., and amendments thereto;
(2) the care and treatment act for mentally ill persons, K.S.A. 59-2945 et seq., and amendments thereto;
(3) the care and treatment act for persons with an alcohol or substance abuse problem, K.S.A. 59-29b45 et seq., and amendments thereto; or
(4) the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto.
The appeal shall be heard no later than 30 days from the date the notice of appeal is filed. If no record was made of the proceedings, the trial shall be de novo. Except as provided further, if a record was made of the proceedings, the district judge shall conduct the appeal on the record. Upon motion of any party to the proceedings, the district judge may hold a trial de novo.
(b) An appeal by an interested party from a district judge, or a district magistrate judge who is regularly admitted to practice law in Kansas, to an appellate court shall be taken pursuant to article 21 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, from any final order, judgment or decree entered in any proceeding pursuant to:
(1) The Kansas adoption and relinquishment act, K.S.A. 59-2111 et seq., and amendments thereto;
(2) the care and treatment act for mentally ill persons, K.S.A. 59-2945 et seq., and amendments thereto;
(3) the Kansas sexually violent predator act, K.S.A. 59-29a01 et seq., and amendments thereto;
(4) the care and treatment act for persons with an alcohol or substance abuse problem, K.S.A. 59-29b45 et seq., and amendments thereto; or
(5) the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto.
Except for appeals under the Kansas judicial review act and cases otherwise specifically provided for by law, appeals under this section shall have priority over all others.
(c) Pending the determination of an appeal pursuant to subsection (a) or (b), any order appealed from shall continue in force unless modified by temporary orders entered by the court hearing the appeal. The supersedeas bond provided for in K.S.A. 60-2103, and amendments thereto, shall not stay proceedings under an appeal from the district court to an appellate court.
(d) In an appeal taken pursuant to subsection (a) or (b), the court from which the appeal is taken may require an appropriate party, other than the state of Kansas, any subdivision thereof, and all cities and counties in this state, to file a bond in such sum and with such sureties as may be fixed and approved by the court to ensure that the appeal will be prosecuted without unnecessary delay and to ensure the payment of all judgments and any sums, damages and costs that may be adjudged against that party.
(e) As used in this section, "interested party" means:
(1) The parent in a proceeding pursuant to the Kansas adoption and relinquishment act, K.S.A. 59-2111 et seq., and amendments thereto;
(2) the patient under the care and treatment act for mentally ill persons, K.S.A. 59-2945 et seq., and amendments thereto;
(3) the patient under the care and treatment act for persons with an alcohol or substance abuse problem, K.S.A. 59-29b45 et seq., and amendments thereto;
(4) the person adjudicated a sexually violent predator under the Kansas sexually violent predator act, K.S.A. 59-29a01 et seq., and amendments thereto;
(5) the ward or conservatee under the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto;
(6) the parent of a minor person adjudicated a ward or conservatee under the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto;
(7) the petitioner in the case on appeal; and
(8) any other person granted interested party status by the court from which the appeal is being taken.
(f) This section shall be part of and supplemental to the Kansas probate code.
History: L. 2006, ch. 56, § 1; L. 2010, ch. 135, § 59; L. 2014, ch. 71, § 6; L. 2015, ch. 95, § 14; L. 2025, ch. 40, § 150; January 1, 2026.
In any proceeding pending in the district court before a district magistrate judge, when it appears that a decision upon any question of which such judge does not have jurisdiction is necessary to a full determination of the proceeding, such question shall be submitted to the chief judge. The chief judge may assign the entire case to a district judge or may assign just the question to a district judge for determination, after which the case may be reassigned to the district magistrate judge.
History: L. 1939, ch. 180, § 270; L. 1976, ch. 242, § 56; L. 1977, ch. 112, § 19; L. 1986, ch. 115, § 84; L. 1999, ch. 57, § 48; July 1.
(a) When a petition is filed in the district court and a district magistrate judge is assigned to hear such petition, any interested party may request the transfer of the matter to the chief judge for assignment to a district judge if the petition is:
(1) To admit a will to probate;
(2) to determine venue or a transfer of venue;
(3) to allow any claim exceeding $10,000 in value;
(4) for the sale, lease or mortgage of real estate;
(5) for conveyance of real estate under contract;
(6) for payment of a legacy or distributive share;
(7) for partial or final distribution;
(8) for an order compelling a legatee or distributee to refund;
(9) for an order to determine heirs, devisees or legatees; or
(10) for an order which involves construction of a will or other instrument.
(b) When a request for such transfer is filed less than three days prior to the commencement of the hearing, the court shall assess the costs occasioned by the subpoena and attendance of witnesses against the party seeking the transfer. Such request may be included in any petition, answer or other pleading, or may be filed as a separate petition, and shall include an allegation that a bona fide controversy exists and that the transfer is not sought for the purpose of vexation or delay. Notice of such request shall be given as ordered by the court.
History: L. 1945, ch. 237, § 1; L. 1951, ch. 345, § 1; L. 1976, ch. 242, § 57; L. 1977, ch. 112, § 20; L. 1986, ch. 115, § 85; L. 1999, ch. 57, § 49; L. 2006, ch. 56, § 3; L. 2023, ch. 77, § 14; July 1.
Upon the filing of such request the chief judge may assign the case in its entirety to a district judge or only for a determination of the specific issues raised. If the chief judge assigns only for determination of specific issues, the case may be reassigned to the district magistrate judge. The determination of issues shall be as on appeal as provided in K.S.A. 59-2408 and amendments thereto.
History: L. 1945, ch. 237, § 2; L. 1976, ch. 242, § 58; L. 1977, ch. 112, § 21; L. 1986, ch. 115, § 86; L. 1999, ch. 57, § 50; July 1.
History: L. 1945, ch. 237, § 3; Repealed, L. 1976, ch. 242, § 99, January 10, 1977.
When a trust estate is created by a will admitted to probate by order of any district magistrate judge of this state, any beneficiary or the trustee of such trust estate may at any time file a petition requesting the transfer of such trust estate to the chief judge for assignment to a district judge. Notice shall be given as ordered by the court, if notice is found by the court to be necessary. Upon the filing of such request, the district magistrate judge shall transfer the file in the estate, or so much thereof as may be necessary for a proper administration of the trust estate, to the chief judge.
Appeals from judgments and orders of a district judge made pursuant to this act may be taken as appeals in other civil cases.
History: L. 1961, ch. 273, § 1; L. 1976, ch. 242, § 59; L. 1977, ch. 112, § 22; L. 1986, ch. 115, § 87; L. 1999, ch. 57, § 51; July 1.
An appeal taken from any order, judgment, decree or decision (other than one determining or refusing to determine venue or changing or refusing to change venue) made by a district magistrate judge before a change of venue shall be taken to a district judge of the county to which the change was made.
History: L. 1939, ch. 180, § 271; L. 1976, ch. 242, § 60; L. 1986, ch. 115, § 88; January 12, 1987.
The right of appeal from any order, judgment, decree or decision of a district magistrate judge in an action pursuant to this chapter shall not be denied nor abridged for failure of the party appealing to present his or her defenses to or to appear before the district magistrate judge.
History: L. 1939, ch. 180, § 272; L. 1941, ch. 284, § 14; L. 1945, ch. 237, § 4; L. 1972, ch. 215, § 20; L. 1976, ch. 242, § 61; L. 1978, ch. 222, § 1; July 1.
History: L. 1939, ch. 180, § 273; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 274; Repealed, L. 1976, ch. 242, § 99; January 10, 1977.
History: L. 1939, ch. 180, § 275; L. 1976, ch. 242, § 62; Repealed, L. 2006, ch. 56, § 5; July 1.
Except as provided for in K.S.A. 59-2401a, and amendments thereto, whenever an appeal has been taken from an order, judgment, decree or decision of a district magistrate judge, the district judge to which the appeal is assigned by the chief judge, without unnecessary delay, shall proceed to hear and determine all issues in the matter de novo and shall allow and may require pleadings to be filed or amended. The right to file new pleadings shall not be abridged or restricted by the pleadings filed, or by failure to file pleadings, in the proceedings before the district magistrate judge; nor shall the trial or the issues to be considered by the district judge be abridged or restricted by any failure to appear or by the evidence introduced, or the absence or insufficiency thereof, in the proceedings before the district magistrate judge.
History: L. 1939, ch. 180, § 276; L. 1945, ch. 237, § 5; L. 1965, ch. 346, § 49; L. 1976, ch. 242, § 63; L. 1977, ch. 112, § 23; L. 1978, ch. 222, § 2; L. 1986, ch. 115, § 89; L. 1999, ch. 57, § 52; L. 2006, ch. 56, § 4; July 1.
Upon determination of an appeal from an order, judgment, decree or decision of a district magistrate judge, the judge determining such appeal may remand the case to the district magistrate judge, who shall proceed in accordance therewith.
History: L. 1939, ch. 180, § 277; L. 1976, ch. 242, § 64; L. 1977, ch. 109, § 36; July 1.
Appropriate rules of court not inconsistent with the provisions of this act may be promulgated by the supreme court to regulate the practice in matters covered by this act.
History: L. 1939, ch. 180, § 278; July 1.
Nothing in this act contained shall be construed to repeal or modify the provisions of the act entitled "act for appointment of conservators for veterans" (K.S.A. chapter 73, article 5), nor the special administrator act for Wyandotte county (laws 1903, chapter 199, being K.S.A. 19-1104).
History: L. 1939, ch. 180, § 279; L. 1965, ch. 346, § 50; January 1, 1966.
The rules of procedure herein prescribed shall govern all probate proceedings brought after they take effect and also all further procedure in probate proceedings then pending, except to the extent that in the opinion of the court their application in a particular proceeding when they take effect would not be feasible or would work injustice, in which event the former procedure applies. This act shall take effect and be in force on and after July 1, 1939, and after its publication in the statute book.
History: L. 1939, ch. 180, § 281; July 1.
The rules of procedure herein prescribed shall govern all probate proceedings commenced after they take effect and also all further procedure in probate proceedings then pending, except to the extent that in the opinion of the court their application in a particular proceeding when they would take effect would not be feasible or would work injustice, in which event the former procedure applies. Nothing in this act * shall affect any limitations of time applicable to the estate of any decedent who died prior to the effective date of this act.
History: L. 1972, ch. 215, § 21; July 2.
The rules of procedure prescribed by this act shall govern all probate proceedings commenced after the effective date of this act * and also shall govern in all probate proceedings pending on the effective date of this act, except to the extent that in the opinion of the court, the application of said rules of procedure in a particular proceeding would not be feasible or would work an injustice on the parties to such proceeding, in which event the rules of procedure in effect prior to the effective date of this act shall apply. Nothing in this act shall affect any limitations of time applicable to the estate of any decedent who died prior to the effective date of this act.
History: L. 1975, ch. 299, § 35; January 1, 1976.
This act * shall be supplemental to and a part of the Kansas probate code.
History: L. 1975, ch. 299, § 36; January 1, 1976.
History:
L. 1963, ch. 301, § 1; L. 1972, ch. 218, § 1; L. 1976, ch. 242, § 65; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-2701.
History:
L. 1963, ch. 301, § 2; L. 1965, ch. 346, § 51; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-2702.
History:
L. 1963, ch. 301, § 3; L. 1965, ch. 346, § 52; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-2703.
History:
L. 1963, ch. 301, § 4; L. 1976, ch. 242, § 66; L. 1993, ch. 193, § 2; L. 2002, ch. 71, § 1; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-2704.
History:
L. 1963, ch. 301, § 5; L. 1972, ch. 218, § 2; L. 1976, ch. 242, § 67; L. 1977, ch. 198, § 1; L. 2002, ch. 71, § 3; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-2705.
History:
L. 1963, ch. 301, § 6; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-2706.
History:
L. 1963, ch. 301, § 7; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-2707.
History:
L. 2002, ch. 71, § 2; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-2708.
If any otherwise qualified applicant for, or recipient of old age assistance, aid to the blind, aid to the permanently and totally disabled or payee in the case of aid to dependent children, is or shall become unable to manage the assistance payments, or otherwise fails so to manage, to the extent that deprivation or hazard to such applicant or recipient or others results, or, in the case of aid to dependent children, the payment is not being used for the children, a petition may be filed by the secretary for children and families wherein the applicant or recipient has residence before the district court of that county in the form of a verified written application for the appointment of a personal representative not an employee of the Kansas department for children and families, for the purpose of receiving and managing public assistance payments for any such recipient or payee, which verified application shall allege one or more of the above grounds for the legal appointment of such representative.
History: L. 1963, ch. 256, § 1; L. 1976, ch. 242, § 68; L. 2014, ch. 115, § 206; L. 2015, ch. 42, § 17; July 1.
The court shall summarily order a hearing on the petition and shall cause the applicant, recipient, or payee to be notified at least five (5) days in advance of the time and place for the hearing. Findings of fact shall be made by the court without a jury. The court may require the county department of social welfare to furnish a report containing any information necessary and this report is and shall remain confidential. Such reports and findings of fact under this section shall not be competent as evidence in any case or proceeding dealing with any subject matter other than provided in this act.
History: L. 1963, ch. 256, § 2; July 1.
If the court shall find that the applicant, recipient, or payee is unable to manage the assistance payments, or otherwise fails so to manage, to the extent that deprivation or hazard to himself or herself or others results, or, in case of aid to dependent children, the payment is not being used for the children, the court may thereupon enter an order embracing said findings and appointing some responsible person not an employee of the secretary for children and families, as personal representative of the applicant, recipient or payee for the purpose set forth herein. The appointment shall not have the effect of adjudication that the applicant, recipient or payee is an incapacitated person.
History: L. 1963, ch. 256, § 3; L. 1965, ch. 346, § 53; L. 2014, ch. 115, § 207; July 1.
The court, in its discretion at the time of the appointment or subsequently, may require the personal representative to execute and file a bond to assure the faithful performance of the duties required. An accounting by the personal representative shall be made within such period of time as shall be established by rule of the supreme court and either the court or the county department of social welfare may require additional accountings at such intervals as it considers necessary. Failure to render such accounts and to account satisfactorily for all proceeds received shall be sufficient cause for the dismissal of the personal representative, and the personal representative so appointed may be removed by the court upon the petition of such representative and another representative appointed.
History: L. 1963, ch. 256, § 4; L. 1985, ch. 191, § 54; July 1.
The court may, for the purpose of this act, direct the director of the county department of social welfare to maintain records pertaining to all aspects of any personal representative proceeding, which the court may adopt as the court's record and in lieu of the maintenance of separate records by the court.
History: L. 1963, ch. 256, § 5; July 1.
History: L. 1965, ch. 348, § 1; L. 1976, ch. 243, § 1; L. 1986, ch. 211, § 1; L. 1990, ch. 92, § 16; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 2; L. 1976, ch. 243, § 2; L. 1976, ch. 242, § 69; L. 1977, ch. 199, § 1; L. 1978, ch. 223, § 1; L. 1982, ch. 238, § 1; L. 1986, ch. 211, § 2; L. 1988, ch. 202, § 1; L. 1990, ch. 92, § 17; L. 1993, ch. 225, § 3; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 3; L. 1976, ch. 243, § 3; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 4; L. 1970, ch. 230, § 1; L. 1976, ch. 243, § 4; Repealed, L. 1986, ch. 211, § 40; July 1.
History: L. 1965, ch. 348, § 5; L. 1970, ch. 230, § 2; L. 1976, ch. 243, § 5; L. 1978, ch. 223, § 2; L. 1980, ch. 182, § 15; L. 1990, ch. 92, § 18; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 6; L. 1976, ch. 243, § 6; L. 1986, ch. 211, § 3; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 7; L. 1970, ch. 230, § 3; L. 1976, ch. 243, § 7; Repealed, L. 1976, ch. 248, § 99; Revived, L. 1976, ch. 246, § 1; L. 1978, ch. 223, § 3; L. 1986, ch. 211, § 4; L. 1990, ch. 92, § 19; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 8; L. 1976, ch. 243, § 8; L. 1976, ch. 242, § 70; L. 1977, ch. 200, § 1; L. 1978, ch. 223, § 4; L. 1986, ch. 211, § 5; L. 1990, ch. 92, § 20; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 9; L. 1976, ch. 243, § 9; L. 1976, ch. 242, § 71; L. 1978, ch. 223, § 5; L. 1986, ch. 211, § 6; L. 1990, ch. 92, § 21; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 10; L. 1976, ch. 243, § 10; L. 1986, ch. 211, § 7; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 11; L. 1976, ch. 243, § 11; L. 1976, ch. 242, § 72; L. 1978, ch. 223, § 6; L. 1986, ch. 211, § 8; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 12; L. 1976, ch. 243, § 12; L. 1976, ch. 242, § 73; L. 1977, ch. 200, § 2; L. 1978, ch. 223, § 7; L. 1986, ch. 211, § 9; L. 1990, ch. 92, § 22; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 13; L. 1976, ch. 243, § 13; L. 1976, ch. 242, § 74; L. 1978, ch. 224, § 1; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 14; L. 1967, ch. 317, § 1; L. 1970, ch. 230, § 4; L. 1976, ch. 243, § 14; L. 1976, ch. 242, § 75; L. 1977, ch. 200, § 3; L. 1986, ch. 211, § 10; L. 1990, ch. 92, § 23; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1976, ch. 243, § 15; L. 1986, ch. 211, § 11; L. 1990, ch. 92, § 24; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 15; L. 1973, ch. 186, § 28; L. 1976, ch. 243, § 16; L. 1976, ch. 242, § 76; Repealed, L. 1986, ch. 211, § 40; July 1.
History: L. 1965, ch. 348, § 16; L. 1972, ch. 219, § 2; L. 1973, ch. 186, § 29; L. 1976, ch. 243, § 17; L. 1980, ch. 182, § 16; L. 1986, ch. 211, § 12; L. 1990, ch. 201, § 1; L. 1990, ch. 92, § 25; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1976, ch. 243, § 18; L. 1986, ch. 211, § 13; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 17; L. 1976, ch. 243, § 19; L. 1976, ch. 242, § 77; L. 1978, ch. 223, § 8; L. 1981, ch. 230, § 1; L. 1986, ch. 211, § 14; L. 1990, ch. 92, § 26; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1976, ch. 243, § 21; L. 1977, ch. 310, § 3; L. 1978, ch. 225, § 1; L. 1981, ch. 230, § 2; Repealed, L. 1986, ch. 211, § 40; July 1.
History: L. 1965, ch. 348, § 18; L. 1976, ch. 243, § 20; L. 1986, ch. 211, § 15; L. 1990, ch. 92, § 27; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1986, ch. 211, § 17; L. 1990, ch. 92, § 28; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 19; L. 1976, ch. 243, § 22; L. 1986, ch. 211, § 16; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1986, ch. 211, § 19; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 20; L. 1976, ch. 243, § 23; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 21; L. 1976, ch. 243, § 24; Repealed, L. 1986, ch. 211, § 40; July 1.
History: L. 1965, ch. 348, § 22; L. 1967, ch. 318, § 1; L. 1976, ch. 243, § 25; L. 1976, ch. 242, § 78; L. 1977, ch. 201, § 1; L. 1978, ch. 105, § 17; L. 1982, ch. 239, § 1; L. 1986, ch. 211, § 18; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 23; L. 1976, ch. 243, § 26; L. 1976, ch. 242, § 79; L. 1981, ch. 230, § 3; Repealed, L. 1986, ch. 211, § 40; July 1.
History: L. 1965, ch. 348, § 24; L. 1967, ch. 319, § 1; L. 1976, ch. 243, § 27; L. 1982, ch. 238, § 2; L. 1986, ch. 211, § 20; L. 1990, ch. 92, § 29; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 25; L. 1976, ch. 243, § 28; L. 1976, ch. 242, § 80; L. 1982, ch. 238, § 3; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 26; L. 1976, ch. 243, § 29; L. 1986, ch. 211, § 21; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 27; L. 1976, ch. 243, § 30; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1986, ch. 211, § 26; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 28; L. 1976, ch. 243, § 31; L. 1986, ch. 211, § 22; L. 1988, ch. 203, § 1; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 29; L. 1976, ch. 243, § 32; L. 1986, ch. 211, § 23; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 30; L. 1976, ch. 243, § 33; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 31; L. 1976, ch. 243, § 34; L. 1976, ch. 242, § 81; L. 1986, ch. 211, § 25; L. 1986, ch. 212, § 7; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 32; L. 1976, ch. 243, § 35; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 33; L. 1976, ch. 243, § 36; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 34; L. 1976, ch. 243, § 37; L. 1976, ch. 242, § 82; L. 1979, ch. 97, § 4; L. 1994, ch. 329, § 1; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 35; Repealed, L. 1976, ch. 243, § 45; July 1.
History: L. 1965, ch. 348, § 36; L. 1976, ch. 243, § 38; L. 1976, ch. 242, § 83; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 37; L. 1976, ch. 243, § 39; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 38; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 348, § 39; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 228, § 1; L. 1973, ch. 115, § 1; L. 1976, ch. 242, § 84; L. 1986, ch. 211, § 27; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1965, ch. 228, § 2; L. 1976, ch. 242, § 85; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1977, ch. 195, § 1; Repealed, L. 1986, ch. 211, § 40; July 1.
History: L. 1986, ch. 211, § 24; Repealed, L. 1996, ch. 167, § 65; April 18.
History: L. 1990, ch. 92, § 30; Repealed, L. 1996, ch. 167, § 65; April 18.
The provisions of K.S.A. 59-2945 through 59-2986 and amendments thereto shall be known and may be cited as the care and treatment act for mentally ill persons.
History: L. 1996, ch. 167, § 1; April 18.
When used in the care and treatment act for mentally ill persons:
(a) "Discharge" means the final and complete release from treatment, by either the head of a treatment facility acting pursuant to K.S.A. 59-2950, and amendments thereto, or by an order of a court issued pursuant to K.S.A. 59-2973, and amendments thereto.
(b) "Head of a treatment facility" means the administrative director of a treatment facility or such person's designee.
(c) "Law enforcement officer" means the same as defined in K.S.A. 22-2202, and amendments thereto.
(d) (1) "Mental health center" means any community mental health center as defined in K.S.A. 39-2002, and amendments thereto, or a mental health clinic organized as a not-for-profit or a for-profit corporation pursuant to K.S.A. 17-1701 through 17-1775, and amendments thereto, or K.S.A. 17-6001 through 17-6010, and amendments thereto, and licensed in accordance with the provisions of K.S.A. 39-2001 et seq., and amendments thereto.
(2) "Participating mental health center" means a mental health center that has entered into a contract with the secretary for aging and disability services pursuant to the provisions of K.S.A. 39-1601 through 39-1612, and amendments thereto.
(e) "Mentally ill person" means any person who is suffering from a mental disorder that is manifested by a clinically significant behavioral or psychological syndrome or pattern and associated with either a painful symptom or an impairment in one or more important areas of functioning, and involving substantial behavioral, psychological or biological dysfunction, to the extent that the person is in need of treatment.
(f) (1) "Mentally ill person subject to involuntary commitment for care and treatment" means a mentally ill person, as defined in subsection (e), who also lacks capacity to make an informed decision concerning treatment, is likely to cause harm to self or others, and whose diagnosis is not solely one of the following mental disorders: Alcohol or chemical substance abuse; antisocial personality disorder; intellectual disability; organic personality syndrome; or an organic mental disorder.
(2) "Lacks capacity to make an informed decision concerning treatment" means that the person, by reason of the person's mental disorder, is unable, despite conscientious efforts at explanation, to understand basically the nature and effects of hospitalization or treatment or is unable to engage in a rational decision-making process regarding hospitalization or treatment, as evidenced by an inability to weigh the possible risks and benefits.
(3) "Likely to cause harm to self or others" means that the person, by reason of the person's mental disorder: (A) Is likely, in the reasonably foreseeable future, to cause substantial physical injury or physical abuse to self or others or substantial damage to another's property, as evidenced by behavior threatening, attempting or causing such injury, abuse or damage; except that if the harm threatened, attempted or caused is only harm to the property of another, the harm must be of such a value and extent that the state's interest in protecting the property from such harm outweighs the person's interest in personal liberty; or (B) is substantially unable, except for reason of indigency, to provide for any of the person's basic needs, such as food, clothing, shelter, health or safety, causing a substantial deterioration of the person's ability to function on the person's own.
No person who is being treated by prayer in the practice of the religion of any church that teaches reliance on spiritual means alone through prayer for healing shall be determined to be a mentally ill person subject to involuntary commitment for care and treatment under this act unless substantial evidence is produced upon which the district court finds that the proposed patient is likely in the reasonably foreseeable future to cause substantial physical injury or physical abuse to self or others or substantial damage to another's property, as evidenced by behavior threatening, attempting or causing such injury, abuse or damage; except that if the harm threatened, attempted or caused is only harm to the property of another, the harm must be of such a value and extent that the state's interest in protecting the property from such harm outweighs the person's interest in personal liberty.
(g) "Patient" means a person who is a voluntary patient, a proposed patient or an involuntary patient.
(1) "Voluntary patient" means a person who is receiving treatment at a treatment facility pursuant to K.S.A. 59-2949, and amendments thereto.
(2) "Proposed patient" means a person for whom a petition pursuant to K.S.A. 59-2952 or 59-2957, and amendments thereto, has been filed.
(3) "Involuntary patient" means a person who is receiving treatment under order of a court or a person admitted and detained by a treatment facility pursuant to an application filed pursuant to K.S.A. 59-2954(b) or (c), and amendments thereto.
(h) "Physician" means a person licensed to practice medicine and surgery as provided for in the Kansas healing arts act or a person who is employed by a state psychiatric hospital or by an agency of the United States and who is authorized by law to practice medicine and surgery within that hospital or agency.
(i) "Psychologist" means a licensed psychologist, as defined by K.S.A. 74-5302, and amendments thereto.
(j) "Qualified mental health professional" means a physician or psychologist who is employed by a participating mental health center or who is providing services as a physician or psychologist under a contract with a participating mental health center, a licensed master's level psychologist, a licensed clinical psychotherapist, a licensed marriage and family therapist, a licensed clinical marriage and family therapist, a licensed professional counselor, a licensed clinical professional counselor, a licensed specialist social worker or a licensed master social worker or a registered nurse who has a specialty in psychiatric nursing, who is employed by a participating mental health center and who is acting under the direction of a physician or psychologist who is employed by, or under contract with, a participating mental health center.
(1) "Direction" means monitoring and oversight including regular, periodic evaluation of services.
(2) "Licensed master social worker" means a person licensed as a master social worker by the behavioral sciences regulatory board under K.S.A. 65-6301 through 65-6318, and amendments thereto.
(3) "Licensed specialist social worker" means a person licensed in a social work practice specialty by the behavioral sciences regulatory board under K.S.A. 65-6301 through 65-6318, and amendments thereto.
(4) "Licensed master's level psychologist" means a person licensed as a licensed master's level psychologist by the behavioral sciences regulatory board under K.S.A. 74-5361 through 74-5373, and amendments thereto.
(5) "Registered nurse" means a person licensed as a registered professional nurse by the board of nursing under K.S.A. 65-1113 through 65-1164, and amendments thereto.
(k) "Secretary" means the secretary for aging and disability services.
(l) "State psychiatric hospital" means Larned state hospital, Osawatomie state hospital or south central regional mental health hospital.
(m) "Treatment" means any service intended to promote the mental health of the patient and rendered by a qualified professional, licensed or certified by the state to provide such service as an independent practitioner or under the supervision of such practitioner.
(n) "Treatment facility" means any mental health center or clinic, psychiatric unit of a medical care facility, state psychiatric hospital, psychologist, physician or other institution or person authorized or licensed by law to provide either inpatient or outpatient treatment to any patient.
(o) The terms defined in K.S.A. 59-30,102, and amendments thereto, shall have the meanings provided by that section.
History: L. 1996, ch. 167, § 2; L. 1997, ch. 142, § 5; L. 1998, ch. 163, § 1; L. 2001, ch. 154, § 5; L. 2002, ch. 114, § 62; L. 2012, ch. 91, § 36; L. 2014, ch. 115, § 208; L. 2018, ch. 71, § 18; L. 2025, ch. 90, § 10; L. 2025, ch. 125, § 10; January 1, 2026.
History: L. 1996, ch. 167, § 2; L. 1997, ch. 152, § 4; Repealed, L. 1998, ch. 134, § 52; July 1.
(a) In computing the date upon or by which any act must be done or hearing held by under provisions of this article, the day on which an act or event occurred and from which a designated period of time is to be calculated shall not be included, but the last day in a designated period of time shall be included unless that day falls on a Saturday, Sunday or legal holiday, in which case the next day which is not a Saturday, Sunday or legal holiday shall be considered to be the last day.
(b) Unless the court orders otherwise, if the clerk's office is inaccessible on the last day for filing, then the time for filing is extended to the first accessible day that is not a Saturday, Sunday or legal holiday.
(c) "Legal holiday" means any day declared a holiday by the president of the United States, the congress of the United States or the legislature of this state, or any day observed by order of the Kansas supreme court. A half holiday is considered as other days and not as a holiday.
History: L. 1996, ch. 167, § 3; L. 2010, ch. 135, § 60; July 1.
(a) The fact that a person may have voluntarily accepted any form of psychiatric treatment, or become subject to a court order entered under authority of this act, shall not be construed to mean that such person shall have lost any civil right they otherwise would have as a resident or citizen, any property right or their legal capacity, except as may be specified within any court order or as otherwise limited by the provisions of this act or the reasonable rules and regulations which the head of a treatment facility may for good cause find necessary to make for the orderly operations of that facility. No person held in custody under the provisions of this act shall be denied the right to apply for a writ of habeas corpus.
(b) There shall be no implication or presumption that a patient within the terms of this act is for that reason alone a person in need of a guardian or a conservator as provided for in the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto.
(c) A person who is a mentally ill person subject to involuntary commitment for care and treatment as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto, shall be subject to K.S.A. 21-6301, and amendments thereto.
History: L. 1996, ch. 167, § 4; L. 2002, ch. 114, § 63; L. 2006, ch. 210, § 15; L. 2011, ch. 30, § 209; L. 2025, ch. 40, § 158; January 1, 2026.
(a) A mentally ill person may be admitted to a treatment facility as a voluntary patient when there are available accommodations and the head of the treatment facility determines such person is in need of treatment therein, and that the person has the capacity to consent to treatment, except that no such person shall be admitted to a state psychiatric hospital without a written statement from a qualified mental health professional authorizing such admission.
(b) Admission shall be made upon written application:
(1) If such person is 18 years of age or older the person may make such application for themself; or
(2) (A) If such person is less than 18 years of age, a parent may make such application for their child; or
(B) if such person is less than 18 years of age, but 14 years of age or older the person may make such written application on their own behalf without the consent or written application of their parent, legal guardian or any other person. Whenever a person who is 14 years of age or older makes written application on their own behalf and is admitted as a voluntary patient, the head of the treatment facility shall promptly notify the child's parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of the minor of the admittance of that child; or
(3) if such person has a legal guardian, the legal guardian may make such application provided that if the legal guardian is required to obtain authority to do so pursuant to K.S.A. 59-30,155, and amendments thereto. If the legal guardian is seeking admission of their ward upon an order giving the guardian continuing authority to admit the ward to a treatment facility, as defined in K.S.A. 59-30,155, and amendments thereto, the head of the treatment facility may require a statement from the patient's attending physician or from the local health officer of the area in which the patient resides confirming that the patient is in need of psychiatric treatment in a treatment facility before accepting the ward for admission, and shall divert any such person to a less restrictive treatment alternative, as may be appropriate.
(c) No person shall be admitted as a voluntary patient under the provisions of this act to any treatment facility unless the head of the treatment facility has informed such person or such person's parent, legal guardian, or other person known to the head of the treatment facility to be interested in the care and welfare of a minor, in writing, of the following:
(1) The rules and procedures of the treatment facility relating to the discharge of voluntary patients;
(2) the legal rights of a voluntary patient receiving treatment from a treatment facility as provided for in K.S.A. 59-2978 and amendments thereto; and
(3) in general terms, the types of treatment which are available or would not be available to a voluntary patient from that treatment facility.
(d) Nothing in this act shall be construed as to prohibit a proposed or involuntary patient with capacity to do so from making an application for admission as a voluntary patient to a treatment facility. Any proposed or involuntary patient desiring to do so shall be afforded an opportunity to consult with their attorney prior to making any such application. If the head of the treatment facility accepts the application and admits the patient as a voluntary patient, then the head of the treatment facility shall notify, in writing, the patient's attorney, the patient's legal guardian, if the patient has a legal guardian, and the district court which has jurisdiction over the patient of the patient's voluntary status. When a notice of voluntary admission is received, the court shall file the same which shall terminate the proceedings.
History: L. 1996, ch. 167, § 5; L. 2002, ch. 114, § 64; L. 2025, ch. 40, § 159; January 1, 2026.
The head of a treatment facility shall discharge any voluntary patient whose treatment in the facility is determined by the head of the treatment facility to have reached maximum benefit. Prior to the discharge, the head of the treatment facility shall give written notice of the date and time of the discharge to the patient and, if appropriate, to the patient's parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of a minor patient.
History: L. 1996, ch. 167, § 6; April 18.
(a) A voluntary patient shall be entitled to be discharged from a treatment facility, by the head of the treatment facility, by no later than the third day, excluding Saturdays, Sundays and holidays, after receipt of the patient's written request for discharge. If the voluntary patient is a patient in a state psychiatric hospital, that hospital shall immediately give either oral or facsimile notice to the participating mental health center serving the area where the patient intends to reside and shall consider any recommendations from that mental health center which may be received prior to the time set for discharge as specified in the notice.
(b) (1) If the voluntary patient is an adult admitted upon the application of a legal guardian or pursuant to an order of the court issued pursuant to K.S.A. 59-30,155, and amendments thereto, any request for discharge must be made, in writing, by the legal guardian.
(2) If the voluntary patient is a minor, the written request for discharge shall be made by the child's parent or legal guardian except if the minor was admitted upon their own written application to become a voluntary patient made pursuant to K.S.A. 59-2949 and amendments thereto, then the minor may make the request. In the case of a minor 14 or more years of age who had made written application to become a voluntary patient on their own behalf and who has requested to be discharged, the head of the treatment facility shall promptly inform the child's parent, legal guardian, or other person known to the head of the treatment facility to be interested in the care and welfare of the minor of the minor's request for discharge.
History: L. 1996, ch. 167, § 7; L. 2002, ch. 114, § 65; L. 2025, ch. 40, § 160; January 1, 2026.
The head of a treatment facility or other person may file a petition pursuant to K.S.A. 59-2957 and amendments thereto seeking involuntary commitment of a voluntary patient who now lacks capacity to make an informed decision concerning treatment and who is refusing reasonable treatment efforts or has requested discharge from the treatment facility. A petition filed by the head of a state psychiatric hospital, or such person's designee, accompanied by a statement from a physician or psychologist employed at the hospital that the physician or psychologist believes the person to be a mentally ill person subject to involuntary commitment does not need to be accompanied by a written statement from a qualified mental health professional authorizing admission to a state psychiatric hospital.
History: L. 1996, ch. 167, § 8; L. 1998, ch. 134, § 39; July 1.
(a) Any law enforcement officer who has a reasonable belief formed upon investigation that a person is a mentally ill person and because of such person's mental illness is likely to cause harm to self or others if allowed to remain at liberty may take the person into custody without a warrant. If the officer is in a crisis intervention center service area, as defined in K.S.A. 59-29c02, and amendments thereto, the officer may transport the person to such crisis intervention center. If the officer is not in a crisis intervention service area, as defined in K.S.A. 59-29c02, and amendments thereto, or does not choose to transport the person to such crisis intervention center, then the officer shall transport the person to a treatment facility where the person shall be examined by a physician or psychologist on duty at the treatment facility, except that no person shall be transported to a state psychiatric hospital for examination, unless a written statement from a qualified mental health professional authorizing such an evaluation at a state psychiatric hospital has been obtained. If no physician or psychologist is on duty at the time the person is transported to the treatment facility, the person shall be examined within a reasonable time not to exceed 17 hours. If a written statement is made by the physician or psychologist at the treatment facility that after preliminary examination the physician or psychologist believes the person likely to be a mentally ill person subject to involuntary commitment for care and treatment and because of the person's mental illness is likely to cause harm to self or others if allowed to remain at liberty, and if the treatment facility is willing to admit the person, the law enforcement officer shall present to the treatment facility the application provided for in K.S.A. 59-2954(b), and amendments thereto. If the physician or psychologist on duty at the treatment facility does not believe the person likely to be a mentally ill person subject to involuntary commitment for care and treatment the law enforcement officer shall return the person to the place where the person was taken into custody and release the person at that place or at another place in the same community as requested by the person or if the law enforcement officer believes that it is not in the best interests of the person or the person's family or the general public for the person to be returned to the place the person was taken into custody, then the person shall be released at another place the law enforcement officer believes to be appropriate under the circumstances. The person may request to be released immediately after the examination, in which case the law enforcement officer shall immediately release the person, unless the law enforcement officer believes it is in the best interests of the person or the person's family or the general public that the person be taken elsewhere for release.
(b) If the physician or psychologist on duty at the treatment facility states that, in the physician's or psychologist's opinion, the person is likely to be a mentally ill person subject to involuntary commitment for care and treatment but the treatment facility is unwilling to admit the person, the treatment facility shall nevertheless provide a suitable place at which the person may be detained by the law enforcement officer. If a law enforcement officer detains a person pursuant to this subsection, the law enforcement officer shall file the petition provided for in K.S.A. 59-2957(a), and amendments thereto, by the close of business of the first day that the district court is open for the transaction of business or shall release the person. No person shall be detained by a law enforcement officer pursuant to this subsection in a nonmedical facility used for the detention of persons charged with or convicted of a crime.
History: L. 1996, ch. 167, § 9; L. 1998, ch. 134, § 40; L. 2017, ch. 77, § 18; July 1.
(a) A treatment facility may admit and detain any person for emergency observation and treatment upon an ex parte emergency custody order issued by a district court pursuant to K.S.A. 59-2958 and amendments thereto.
(b) A treatment facility may admit and detain any person presented for emergency observation and treatment upon written application of a law enforcement officer having custody of that person pursuant to K.S.A. 59-2953 and amendments thereto, except that a state psychiatric hospital shall not admit and detain any such person unless a written statement from a qualified mental health professional authorizing such admission to a state psychiatric hospital has been obtained. The application shall state:
(1) The name and address of the person sought to be admitted, if known;
(2) the name and address of the person's spouse or nearest relative, if known;
(3) the officer's belief that the person may be a mentally ill person subject to involuntary commitment and because of the person's mental illness is likely to cause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that belief and the factual circumstances under which the person was taken into custody including any known pending criminal charges; and
(5) the fact that the law enforcement officer will file the petition provided for in K.S.A. 59-2957 and amendments thereto, by the close of business of the first day thereafter that the district court is open for the transaction of business, or that the officer has been informed by a parent, legal guardian or other person that such parent, legal guardian or other person, whose name shall be stated in the application will file the petition provided for in K.S.A. 59-2957 and amendments thereto within that time.
(c) A treatment facility may admit and detain any person presented for emergency observation and treatment upon the written application of any individual, except that a state psychiatric hospital shall not admit and detain any such person, unless a written statement from a qualified mental health professional authorizing such admission to a state psychiatric hospital has been obtained. The application shall state:
(1) The name and address of the person sought to be admitted, if known;
(2) the name and address of the person's spouse or nearest relative, if known;
(3) the applicant's belief that the person may be a mentally ill person subject to involuntary commitment and because of the person's mental illness is likely to cause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that belief;
(5) any pending criminal charges, if known;
(6) the fact that the applicant will file the petition provided for in K.S.A. 59-2957 and amendments thereto by the close of business of the first day thereafter that the district court is open for the transaction of business; and
(7) if the application is to a treatment facility other than a state psychiatric hospital it shall also be accompanied by a statement in writing of a physician, psychologist, or qualified mental health professional finding that the person is likely to be a mentally ill person subject to involuntary commitment for care and treatment under this act.
(d) Any treatment facility or personnel thereof who in good faith renders treatment in accordance with law to any person admitted pursuant to subsection (b) or (c), shall not be liable in a civil or criminal action based upon a claim that the treatment was rendered without legal consent.
History: L. 1996, ch. 167, § 10; L. 1998, ch. 134, § 41; July 1.
(a) Whenever any person is involuntarily admitted to or detained at a treatment facility pursuant to subsection (b) or (c) of K.S.A. 59-2954 and amendments thereto, or pursuant to an ex parte emergency custody order issued pursuant to K.S.A. 59-2958 and amendments thereto, the head of the treatment facility shall:
(1) Immediately advise the person in custody that such person is entitled to immediately contact the person's legal counsel, legal guardian, personal physician or psychologist, minister of religion, including a Christian Science practitioner or immediate family as defined in subsection (b) or any combination thereof. If the person desires to make such contact, the head of the treatment facility shall make available to the person reasonable means for making such immediate communication;
(2) provide notice of the person's involuntary admission including a copy of the document authorizing the involuntary admission to that person's attorney or legal guardian, immediately upon learning of the existence and whereabouts of such attorney or legal guardian, unless that attorney or legal guardian was the person who signed the application resulting in the patient's admission. If authorized by the patient pursuant to K.S.A. 65-5601 through 65-5605 and amendments thereto, the head of the treatment facility also shall provide notice to the patient's immediate family, as defined in subsection (b), immediately upon learning of the existence and whereabouts of such family, unless the family member to be notified was the person who signed the application resulting in the patient's admission; and
(3) immediately advise the person in custody of such person's rights provided for in K.S.A. 59-2978 and amendments thereto.
(b) "Immediate family" means the spouse, adult child or children, parent or parents, and sibling or siblings, or any combination thereof.
History: L. 1996, ch. 167, § 11; L. 1998, ch. 134, § 42; July 1.
The head of the treatment facility shall discharge any person admitted pursuant to subsection (a) of K.S.A. 59-2954 and amendments thereto when the ex parte emergency custody order expires, and shall discharge any person admitted pursuant to subsection (b) or (c) of K.S.A. 59-2954 and amendments thereto not later than the close of business of the first day that the district court is open for the transaction of business after the admission date of the person, unless a district court orders that such person remain in custody under an ex parte emergency custody order issued pursuant to the provisions of K.S.A. 59-2958 and amendments thereto, or a temporary custody order issued pursuant to the provisions of K.S.A. 59-2959 and amendments thereto.
History: L. 1996, ch. 167, § 12; April 18.
(a) A verified petition to determine whether or not a person is a mentally ill person subject to involuntary commitment for care and treatment under this act may be filed in the district court of the county wherein that person resides or wherein such person may be found.
(b) The petition shall state:
(1) The petitioner's belief that the named person is a mentally ill person subject to involuntary commitment and the facts upon which this belief is based;
(2) to the extent known, the name, age, present whereabouts and permanent address of the person named as possibly a mentally ill person subject to involuntary commitment; and if not known, any information the petitioner might have about this person and where the person resides;
(3) to the extent known, the name and address of the person's spouse or nearest relative or relatives, or legal guardian, or if not known, any information the petitioner might have about a spouse, relative or relatives or legal guardian and where they might be found;
(4) to the extent known, the name and address of the person's legal counsel, or if not known, any information the petitioner might have about this person's legal counsel;
(5) to the extent known, whether or not this person is able to pay for medical services, or if not known, any information the petitioner might have about the person's financial circumstances or indigency;
(6) to the extent known, the name and address of any person who has custody of the person, and any known pending criminal charge or charges or of any arrest warrant or warrants outstanding or, if there are none, that fact or if not known, any information the petitioner might have about any current criminal justice system involvement with the person;
(7) the name or names and address or addresses of any witness or witnesses the petitioner believes has knowledge of facts relevant to the issue being brought before the court; and
(8) if the petitioner wishes to recommend to the court that the proposed patient should be sent to a treatment facility other than a state psychiatric hospital, then the name and address of the treatment facility to which the petitioner recommends that the proposed patient be sent for treatment if the proposed patient is found to be a mentally ill person subject to involuntary commitment for care and treatment under this act.
(c) The petition shall be accompanied by:
(1) A signed certificate from a physician, psychologist, or qualified mental health professional designated by the head of a participating mental health center, stating that such professional has personally examined the person and any available records and has found that the person, in such professional's opinion, is likely to be a mentally ill person subject to involuntary commitment for care and treatment under this act, unless the court allows the petition to be accompanied by a verified statement by the petitioner that the petitioner had attempted to have the person seen by a physician, psychologist or such qualified mental health professional, but that the person failed to cooperate to such an extent that the examination was impossible to conduct;
(2) if admission to a treatment facility other than a state psychiatric hospital is sought, if it is then available, a statement of consent to the admission of the proposed patient to the treatment facility named by the petitioner pursuant to subsection (b)(8) signed by the head of that treatment facility or other documentation which shows the willingness of the treatment facility to admitting the proposed patient for care and treatment; and
(3) if applicable, a copy of any notice given pursuant to K.S.A. 59-2951 and amendments thereto in which the named person has sought discharge from a treatment facility into which they had previously entered voluntarily, or a statement from the treating physician or psychologist that the person was admitted as a voluntary patient but now lacks capacity to make an informed decision concerning treatment and is refusing reasonable treatment efforts, and including a description of the treatment efforts being refused.
(d) The petition may include a request that an ex parte emergency custody order be issued pursuant to K.S.A. 59-2958 and amendments thereto. If such request is made the petition shall also include:
(1) A brief statement explaining why the person should be immediately detained or continue to be detained;
(2) the place where the petitioner requests that the person be detained or continue to be detained;
(3) if applicable, because detention is requested in a treatment facility other than a state psychiatric hospital, a statement that the facility is willing to accept and detain such person; and
(4) if applicable, because admission to a state psychiatric hospital is sought, the necessary statement from a qualified mental health professional authorizing admission and emergency care and treatment.
(e) The petition may include a request that a temporary custody order be issued pursuant to K.S.A. 59-2959 and amendments thereto.
History: L. 1996, ch. 167, § 13; L. 1997, ch. 152, § 5; L. 1998, ch. 134, § 43; July 1.
(a) At the time the petition for the determination of whether a person is a mentally ill person subject to involuntary commitment for care and treatment under this act is filed, or any time thereafter prior to the trial upon the petition as provided for in K.S.A. 59-2965, and amendments thereto, the petitioner may request in writing that the district court issue an ex parte emergency order including either or both of the following:
(1) An order directing any law enforcement officer to take the person named in the order into custody and transport the person to a designated treatment facility or other suitable place willing to receive and detain the person; or
(2) an order authorizing any named treatment facility or other place to detain or continue to detain the person until the further order of the court or until the ex parte emergency custody order shall expire.
(b) No ex parte emergency custody order shall provide for the detention of any person at a state psychiatric hospital unless a written statement from a qualified mental health professional authorizing such admission and detention at a state psychiatric hospital has been filed with the court.
(c) No ex parte emergency custody order shall provide for the detention of any person in a nonmedical facility used for the detention of persons charged with or convicted of a crime.
(d) If no other suitable facility where such person may be detained is willing to accept the person, then the participating mental health center for that area shall provide a suitable place to detain the person until the further order of the court or until the ex parte emergency custody order shall expire.
(e) An ex parte emergency custody order issued under this section shall expire at 5:00 p.m. of the third day the district court is open for the transaction of business after the date of its issuance and the expiration date shall be stated in the order.
(f) The district court shall not issue successive ex parte emergency custody orders.
(g) In lieu of issuing an ex parte emergency custody order, the court may allow the person with respect to whom the request was made to remain at liberty, subject to such conditions as the court may impose.
History: L. 1996, ch. 167, § 14; L. 1997, ch. 152, § 6; L. 1998, ch. 134, § 44; L. 2024, ch. 31, § 1; July 1.
(a) At the time that the petition for determination of mental illness is filed, or any time thereafter prior to the trial upon the petition as provided for in K.S.A. 59-2965, and amendments thereto, the petitioner may request in writing that the district court issue a temporary custody order. The request shall state:
(1) The reasons why the person should be detained prior to the hearing on the petition;
(2) whether an ex parte emergency custody order has been requested or was granted; and
(3) the present whereabouts of the person named in the petition.
(b) Upon the filing of a request for a temporary custody order, the court shall set the matter for a hearing that shall be held not later than the close of business of the third day the district court is open for the transaction of business after the filing of the request. The petitioner and the person with respect to whom the request has been filed shall be notified of the time and place of the hearing and that they shall each be afforded an opportunity to appear at the hearing, to testify and to present and cross-examine witnesses. If the person with respect to whom the request has been filed has not yet retained or been appointed an attorney, the court shall appoint an attorney for the person.
(c) (1) At the hearing scheduled upon the request, the person with respect to whom the request has been filed shall be present unless the attorney for the person requests that the person's presence be waived and the court finds that the person's presence at the hearing would be injurious to the person's welfare. The court shall enter in the record of the proceedings the facts upon which the court has found that the presence of the person at the hearing would be injurious to such person's welfare. However, if the person with respect to whom the request has been filed states in writing to the court or to such person's attorney that such person wishes to be present at the hearing, the person's presence cannot be waived.
(2) The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the person with respect to whom the request has been filed. All persons not necessary for the conduct of the proceedings may be excluded. The court shall receive all relevant and material evidence that may be offered. The rules governing evidentiary and procedural matters shall be applied to hearings under this section in a manner so as to facilitate informal, efficient presentation of all relevant, probative evidence and resolution of issues with due regard to the interests of all parties. The facts or data upon which a duly qualified expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing and if of a type reasonably relied upon by experts in their particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. The expert may testify in terms of opinion or inference and give the expert's reasons therefor without prior disclosure of the underlying facts or data unless the court requires otherwise. If requested on cross-examination, the expert shall disclose the underlying facts or data.
(3) If the petitioner is not represented by counsel, the county or district attorney shall represent the petitioner, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney determines to be of aid to the court in determining whether or not there is probable cause to believe that the person with respect to whom the request has been filed is a mentally ill person subject to involuntary commitment for care and treatment under this act, and that it would be in the best interests of the person to be detained until the trial upon the petition.
(d) After the hearing, if the court determines from the evidence that:
(1) There is probable cause to believe that the person with respect to whom the request has been filed is a mentally ill person subject to involuntary commitment for care and treatment under this act, and that it is in the best interests of the person to be detained until the trial upon the petition, the court shall issue a temporary custody order;
(2) there is probable cause to believe that the person with respect to whom the request has been filed is a mentally ill person subject to involuntary commitment for care and treatment under this act, but that it would not be in their best interests to be detained until the trial upon the petition, the court may allow the person to be at liberty, subject to such conditions as the court may impose; or
(3) there is not probable cause to believe that the person with respect to whom the request has been filed is a mentally ill person subject to involuntary commitment for care and treatment under this act, the court shall terminate the proceedings and release the person.
(e) (1) A temporary custody order issued pursuant to this section may direct any law enforcement officer or any other person designated by the court to take the person named in the order into custody and transport them to a designated treatment facility, and authorize the designated treatment facility to detain and treat the person until the trial upon the petition.
(2) No temporary custody order shall provide for the detention and treatment of any person at a state psychiatric hospital unless a written statement from a qualified mental health professional authorizing such admission and detention at a state psychiatric hospital has been filed with the court.
(3) No temporary custody order shall provide for the detention of any person in a nonmedical facility used for the detention of persons charged with or convicted of a crime.
(4) If no other suitable facility where such person may be detained is willing to accept the person, then the participating mental health center for that area shall provide a suitable place to detain the person until the further order of the court or until the trial upon the petition.
History: L. 1996, ch. 167, § 15; L. 2024, ch. 31, § 2; July 1.
(a) Upon the filing of the petition provided for in K.S.A. 59-2957 and amendments thereto, the district court shall issue the following:
(1) An order fixing the time and place of the trial upon the petition. Such hearing, in the court's discretion, may be conducted in a courtroom, a treatment facility or at some other suitable place. The time fixed in the order shall in no event be earlier than seven days or later than 14 days after the date of the filing of the petition. If a demand for a trial by jury is later filed by the proposed patient, the court may continue the trial and fix a new time and place of the trial at a time that may exceed beyond the 14 days but shall be fixed within a reasonable time not exceeding 30 days from the date of the filing of the demand.
(2) An order that the proposed patient appear at the time and place of the hearing and providing that the proposed patient's presence will be required at the hearing unless the attorney for the proposed patient shall make a request that the proposed patient's presence be waived and the court finds that the proposed patient's presence at the hearing would be injurious to the proposed patient's welfare. The order shall further provide that notwithstanding the foregoing provision, if the proposed patient requests in writing to the court or to such person's attorney that the proposed patient wishes to be present at the hearing, the proposed patient's presence cannot be waived.
(3) An order appointing an attorney to represent the proposed patient at all stages of the proceedings and until all orders resulting from such proceedings are terminated. The court shall give preference, in the appointment of this attorney, to any attorney who has represented the proposed patient in other matters if the court has knowledge of that prior representation. The proposed patient shall have the right to engage an attorney of the proposed patient's own choice and, in such event, the attorney appointed by the court shall be relieved of all duties by the court.
(4) An order that the proposed patient shall appear at a time and place that is in the best interests of the patient where the proposed patient will have the opportunity to consult with the proposed patient's court-appointed attorney, which time shall be at least five days prior to the date set for the trial under K.S.A. 59-2965 and amendments thereto.
(5) An order for a mental evaluation as provided for in K.S.A. 59-2961 and amendments thereto.
(6) A notice as provided for in K.S.A. 59-2963 and amendments thereto.
(7) If the petition also contains allegations as provided for in K.S.A. 59-30,105, 59-30,126, 59-30,129, 59-30,142, 59-30,267 or 59-30,268, and amendments thereto, those orders necessary to make a determination of the need for a legal guardian or conservator, or both, to act on behalf of the proposed patient. For these purposes, the trials required by K.S.A. 59-2965, and amendments thereto, K.S.A. 59-30,107, 59-30,130, 59-30,132, 59-30,143 and 59-30,147, and amendments thereto, may be consolidated.
(b) Nothing in this section shall prevent the court from granting an order of continuance, for good cause shown, to any party for no longer than seven days, except that such limitation does not apply to a request for an order of continuance made by the proposed patient or to a request made by any party if the proposed patient absents him or herself such that further proceedings can not be held until the proposed patient has been located. The court also, upon the request of any party, may advance the date of the hearing if necessary and in the best interests of all concerned.
History: L. 1996, ch. 167, § 16; L. 2002, ch. 114, § 66; L. 2025, ch. 40, § 161; January 1, 2026.
(a) The order for a mental evaluation required by subsection (a)(5) of K.S.A. 59-2960 and amendments thereto, shall be served in the manner provided for in subsections (c) and (d) of K.S.A. 59-2963 and amendments thereto. It shall order the proposed patient to submit to a mental evaluation to be conducted by a physician, psychologist or qualified mental health professional designated by the head of a participating mental health center and to undergo such other physical or other evaluations as may be ordered by the court, except that any proposed patient who is not subject to a temporary custody order issued pursuant to K.S.A. 59-2959 and amendments thereto and who requests a hearing pursuant to K.S.A. 59-2962 and amendments thereto, need not submit to such evaluations until that hearing has been held and the court finds that there is probable cause to believe that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act. The evaluation may be conducted at a treatment facility, the home of the proposed patient or any other suitable place that the court determines is not likely to have a harmful effect on the welfare of the proposed patient. A state psychiatric hospital shall not be ordered to evaluate any proposed patient, unless a written statement from a qualified mental health professional authorizing such an evaluation at a state psychiatric hospital has been filed with the court.
(b) At the time designated by the court in the order, but in no event later than three days prior to the date of the trial provided for in K.S.A. 59-2965 and amendments thereto, the examiner shall submit to the court a report, in writing, of the evaluation which report also shall be made available to counsel for the parties at least three days prior to the trial. The report also shall be made available to the proposed patient and to whomever the patient directs, unless for good cause recited in the order, the court orders otherwise. Such report shall state that the examiner has made an examination of the proposed patient and shall state the opinion of the examiner on the issue of whether or not the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under the act and the examiner's opinion as to the least restrictive treatment alternative which will protect the proposed patient and others and allow for the improvement of the proposed patient if treatment is ordered.
History: L. 1996, ch. 167, § 17; L. 1998, ch. 134, § 45; July 1.
Whenever a proposed patient who is not subject to a temporary custody order issued pursuant to K.S.A. 59-2959 and amendments thereto requests a hearing pursuant to this section, a hearing shall be held within a reasonable time thereafter. The petitioner and the proposed patient shall be notified of the time and place of the hearing, afforded an opportunity to testify, and to present and cross-examine witnesses. The proposed patient shall be present at the hearing, and the proposed patient's presence cannot be waived. All persons not necessary for the conduct of the proceedings may be excluded. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the welfare of the proposed patient. The court shall receive all relevant and material evidence which may be offered. If the petitioner is not represented by counsel, the county or district attorney shall represent the petitioner, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney determines to be of aid to the court in determining whether or not there is probable cause to believe that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act. If the court determines from the evidence that there is probable cause to believe that the proposed patient is a mentally ill person subject to involuntary commitment, the court shall issue the order for a mental evaluation; otherwise, the court shall terminate the proceedings.
History: L. 1996, ch. 167, § 18; April 18.
(a) Notice as required by subsection (a)(6) of K.S.A. 59-2960, and amendments thereto, shall be given to the proposed patient named in the petition, the proposed patient's legal guardian if there is one, the attorney appointed to represent the proposed patient, the proposed patient's spouse or nearest relative and to such other persons as the court directs. The notice shall also be given to the participating mental health center for the county where the proposed patient resides.
(b) The notice shall state:
(1) That a petition has been filed, alleging that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under the act and requesting that the court order treatment;
(2) the date, time and place of the trial;
(3) the name of the attorney appointed to represent the proposed patient and the time and place where the proposed patient shall have the opportunity to consult with this attorney;
(4) that the proposed patient has a right to a jury trial if a written demand for such is filed with the court at least four days prior to the time set for trial; and
(5) that if the proposed patient demands a jury trial, the trial date may have to be continued by the court for a reasonable time in order to empanel a jury, but that this continuance will not exceed 30 days from the date of the filing of the demand.
(c) The court may order any of the following persons to serve the notice upon the proposed patient:
(1) The physician or psychologist currently administering to the proposed patient, if the physician or psychologist consents to doing so;
(2) the head of the participating mental health center or the designee thereof;
(3) the local health officer or such officer's designee;
(4) the secretary for aging and disability services or the secretary's designee if the proposed patient is being detained at a state psychiatric hospital;
(5) any law enforcement officer; or
(6) the attorney of the proposed patient.
(d) The notice shall be served personally on the proposed patient as soon as possible, but not less than six days prior to the date of the trial, and immediate return thereof shall be made to the court by the person serving notice. Unless otherwise ordered by the court, notice shall be served on the proposed patient by a nonuniformed person.
(e) Notice to all other persons may be made by mail or in such other manner as directed by the court.
History: L. 1996, ch. 167, § 19; L. 1998, ch. 134, § 46; L. 2014, ch. 115, § 209; July 1.
(a) The patient at any time may request, in writing, that any further proceedings be continued for not more than three months so that the court may make an order of continuance and referral for short-term treatment. The written request must be acknowledged before a notary public or a judge of the district court. The patient may request successive orders of continuance and referral. Upon receipt of such a request, the court may order the patient referred for short-term treatment to a designated treatment facility for a specified period of time not to exceed three months from the date the request is signed by the patient. An order of referral for short-term treatment in a treatment facility other than a state psychiatric hospital shall be conditioned upon the consent of the head of that treatment facility to accept the patient. No order may be issued for referral to a state psychiatric hospital, unless a written statement from a qualified mental health professional authorizing such admission and treatment at a state psychiatric hospital has been filed with the court. The court may not issue an order of referral unless the attorney representing the patient has filed a statement, in writing, that the attorney has explained to the patient the nature of an order of referral and the right of the patient to have the further proceedings conducted as scheduled.
(b) If the patient's request for an order for referral for short-term treatment is made prior to the hearing required to be held pursuant to the provisions of K.S.A. 59-2959 or 59-2962 and amendments thereto, and granted, it shall constitute a waiver of the patient's right to this hearing.
(c) Within any order of continuance and referral, the court shall confirm the new date and time set for the trial and direct that a copy of the court's order shall be given to the patient, to the attorney representing the patient, the petitioner or the county or district attorney as appropriate, the patient's legal guardian if there is one, the patient's spouse or nearest relative as appropriate, the head of the treatment facility to which the patient is being referred, and such other persons as the court directs. Any trial so continued shall then be held on the date set at the end of the referral period, unless again continued by the court upon the patient's request for another order of continuance and referral, or on the date set in any order of continuance necessitated by the patient's demand for a jury trial.
(d) Not later than 14 days prior to the date set for the trial provided for in K.S.A. 59-2965 and amendments thereto by any order of continuance and referral, unless the proposed patient has been accepted as a voluntary patient by the treatment facility or unless the proposed patient has filed a written request for another successive period of continuance and referral, the facility treating the proposed patient shall submit a written report of its findings and recommendations to the court, which report also shall be made available to counsel for the parties. The report also shall be made available to the proposed patient and to whomever the patient directs, unless for good cause recited in the order, the court orders otherwise.
History: L. 1996, ch. 167, § 20; L. 1998, ch. 134, § 47; July 1.
(a) Trial upon the petition shall be held at the time and place specified in the court's order issued pursuant to subsection (a) of K.S.A. 59-2960 and amendments thereto unless a continuance as provided in K.S.A. 59-2960 or 59-2964 and amendments thereto, has been granted. The hearing shall be held to the court only, unless the proposed patient, at least 4 days prior to the time set for the hearing, demands, in writing, a jury trial.
(b) The jury, if one is demanded, shall consist of 6 persons. The jury panel shall be selected as provided by law. Notwithstanding the provision within K.S.A. 43-166 otherwise, a panel of prospective jurors may be assembled by the clerk upon less than 20 days notice in this circumstance. From such panel 12 qualified jurors, who have been passed for cause, shall be empaneled. Prior service as a juror in any court shall not exempt, for that reason alone, any person from jury service hereunder. From the panel so obtained, the proposed patient or the proposed patient's attorney shall strike one name; then the petitioner, or the petitioner's attorney, shall strike one name; and so on alternatively until each has stricken 3 names so as to reach the jury of 6 persons. During this process, if either party neglects or refuses to aid in striking the names, the court shall strike a name on behalf of such party.
(c) The proposed patient shall be present at the hearing unless the attorney for the proposed patient requests that the proposed patient's presence be waived and the court finds the person's presence at the hearing would be injurious to their welfare. The court shall enter in the record of the proceedings the facts upon which the court has found that the presence of the proposed patient at the hearing would be injurious to their welfare. However, if the proposed patient states in writing to the court or such person's attorney that such patient wishes to be present at the hearing, the person's presence cannot be waived. The petitioner and the proposed patient shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. All persons not necessary for the conduct of the proceedings may be excluded. The hearings shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the welfare of the proposed patient. The court shall receive all relevant and material evidence which may be offered, including the testimony or written findings and recommendations of the examiner who evaluated the proposed patient pursuant to the court's order issued under K.S.A. 59-2961 and amendments thereto. Such evidence shall not be privileged for the purpose of this hearing.
(d) The rules governing evidentiary and procedural matters at hearings under this section shall be applied in a manner so as to facilitate informal, efficient presentation of all relevant, probative evidence and resolution of issues with due regard to the interests of all parties.
(e) If the petitioner is not represented by counsel, the county or district attorney shall represent the petitioner, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney shall determine to be of aid to the court in determining whether or not the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act.
History: L. 1996, ch. 167, § 21; April 18.
(a) Upon the completion of the trial, if the court or jury finds by clear and convincing evidence that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act, the court shall order treatment for such person for a specified period of time not to exceed three months from the date of the trial at a treatment facility, except that the court shall not order treatment at a state psychiatric hospital, unless a written statement from a qualified mental health professional authorizing such treatment at a state psychiatric hospital has been filed with the court. Whenever an involuntary patient is ordered to receive treatment, the clerk of the district court shall send a copy of the order to the Kansas bureau of investigation within five days after receipt of the order. The Kansas bureau of investigation shall immediately enter the order into the national criminal information center and other appropriate databases. An order for treatment in a treatment facility other than a state psychiatric hospital shall be conditioned upon the consent of the head of that treatment facility to accepting the patient. In the event no other appropriate treatment facility has agreed to provide treatment for the patient, and no qualified mental health professional has authorized treatment at a state psychiatric hospital, the participating mental health center for the county in which the patient resides shall be given responsibility for providing or securing treatment for the patient or if no county of residence can be determined for the patient, then the participating mental health center for the county in which the patient was taken into custody or in which the petition was filed shall be given responsibility for providing or securing treatment for the patient.
(b) A copy of the order for treatment shall be provided to the head of the treatment facility.
(c) When the court orders treatment, it shall retain jurisdiction to modify, change or terminate such order, unless venue has been changed pursuant to K.S.A. 59-2971, and amendments thereto, and then the receiving court shall have continuing jurisdiction.
(d) If the court finds from the evidence that the proposed patient has not been shown to be a mentally ill person subject to involuntary commitment for care and treatment under this act the court shall release the person and terminate the proceedings.
History: L. 1996, ch. 167, § 22; L. 1997, ch. 152, § 7; L. 1998, ch. 134, § 48; L. 2006, ch. 210, § 16; July 1, 2007.
(a) An order for outpatient treatment may be entered by the court at any time in lieu of any type of order that would have required inpatient care and treatment if the court finds that the patient:
(1) Will meet the criteria for required inpatient care and treatment in the proximate future without such outpatient treatment and is only likely to attend outpatient treatment if there is a court order mandating such treatment; or
(2) is, if left untreated, reasonably expected to experience an increase in the symptoms caused by the illness that would result in the need for inpatient care and treatment in the proximate future and whose mental illness has previously caused the patient to refuse needed and appropriate mental health services in the community.
(b) No order for outpatient treatment shall be entered unless the head of the outpatient treatment facility has consented to treat the patient on an outpatient basis under the terms and conditions set forth by the court, except that no order for outpatient treatment shall be refused by a participating mental health center.
(c) If outpatient treatment is ordered, the order may state specific conditions to be followed by the patient, but shall include the general condition that the patient is required to comply with all directives and treatment as required by the head of the outpatient treatment facility or the head's designee. Such directives and treatment plans shall be provided to the court in writing within 10 business days after the order for outpatient treatment is issued. Failure to provide such directives and treatment plans to the court as required by this subsection is not grounds for dismissal of the order unless the failure is made in bad faith. The court may also make such orders as are appropriate to provide for monitoring the patient's progress and compliance with outpatient treatment. Within any outpatient order for treatment the court shall specify the period of treatment as provided for in K.S.A. 59-2966(a) or 59-2969(f), and amendments thereto.
(d) The court shall retain jurisdiction to modify or revoke the order for outpatient treatment at any time on its own motion, on the motion of any counsel of record or upon notice from the treatment facility of any need for new conditions in the order for outpatient treatment or of material noncompliance by the patient with the order for outpatient treatment. However, if the venue of the matter has been transferred to another court, then the court having venue of the matter shall have such jurisdiction to modify or revoke the outpatient treatment order. Revocation or modification of an order for outpatient treatment may be made ex parte by order of the court in accordance with the provisions of subsections (e) or (f).
(e) The treatment facility shall immediately report to the court any material noncompliance by the patient with the outpatient treatment order. Such notice may be verbal or by telephone but shall be followed by a verified written, facsimile or electronic notice sent to the court, to counsel for all parties and, as appropriate, to the head of the inpatient treatment facility designated to receive the patient, by not later than 5:00 p.m. of the first day the district court is open for the transaction of business after the verbal or telephonic communication was made to the court. Upon receipt of verbal, telephone, or verified written, facsimile or electronic notice of material noncompliance, the court may enter an ex parte emergency custody order providing for the immediate detention of the patient in a designated inpatient treatment facility except that the court shall not order the detention of the patient at a state psychiatric hospital, unless a written statement from a qualified mental health professional authorizing such detention at a state psychiatric hospital has been filed with the court. Any ex parte emergency custody order issued by the court under this subsection shall expire at 5:00 p.m. of the third day the district court is open for the transaction of business after the patient is taken into custody. The court shall not enter successive ex parte emergency custody orders.
(f) (1) Upon the taking of a patient into custody pursuant to an ex parte emergency custody order revoking a previously issued order for outpatient treatment and ordering the patient to involuntary inpatient care the court shall set the matter for hearing not later than the close of business on the third day the court is open for business after the patient is taken into custody. Notice of the hearing shall be given to the patient, the patient's attorney, the patient's legal guardian, the petitioner or the county or district attorney as appropriate, the head of the outpatient treatment facility and the head of the inpatient treatment facility, similarly as provided for in K.S.A. 59-2963, and amendments thereto.
(2) Upon the entry of an ex parte order modifying a previously issued order for outpatient treatment, but allowing the patient to remain at liberty, a copy of the order shall be served upon the patient, the patient's attorney, the county or district attorney and the head of the outpatient treatment facility similarly as provided for in K.S.A. 59-2963, and amendments thereto. Thereafter, any party to the matter, including the petitioner, the county or district attorney or the patient, may request a hearing on the matter if the request is filed within five days from the date of service of the ex parte order upon the patient. The court may also order such a hearing on its own motion within five days from the date of service of the notice. If no request or order for hearing is filed within the five-day period, the ex parte order and the terms and conditions set out in the ex parte order shall become the final order of the court substituting for any previously entered order for outpatient treatment. If a hearing is requested, a formal written request for revocation or modification of the outpatient treatment order shall be filed by the county or district attorney or the petitioner and a hearing shall be held thereon within 5 days after the filing of the request.
(g) The hearing held pursuant to subsection (f) shall be conducted in the same manner as hearings provided for in K.S.A. 59-2959, and amendments thereto. Upon the completion of the hearing, if the court finds by clear and convincing evidence that the patient violated any condition of the outpatient treatment order, the court may enter an order for inpatient treatment, except that the court shall not order treatment at a state psychiatric hospital unless a written statement from a qualified mental health professional authorizing such treatment at a state psychiatric hospital has been filed with the court, or may modify the order for outpatient treatment with different terms and conditions in accordance with this section.
(h) The outpatient treatment facility shall comply with the provisions of K.S.A. 59-2969, and amendments thereto, concerning the filing of written reports for each period of treatment during the time any outpatient treatment order is in effect and the court shall receive and process such reports in the same manner as reports received from an inpatient treatment facility.
History: L. 1996, ch. 167, § 23; L. 1997, ch. 152, § 8; L. 1998, ch. 134, § 49; L. 2010, ch. 5, § 9; L. 2024, ch. 31, § 3; July 1.
(a) All admissions to a state psychiatric hospital upon any order of a court shall be to the state psychiatric hospital designated by the secretary for aging and disability services. The time and manner of the admission shall be arranged by the participating mental health center authorizing such admission and coordinated with the hospital and the official or agent who shall transport the person.
(b) No patient shall be admitted to a state psychiatric hospital pursuant to any of the provisions of this act, including any court-ordered admissions, if the secretary has notified the supreme court of the state of Kansas and each district court which has jurisdiction over all or part of the catchment area served by a state psychiatric hospital, that the census of a particular treatment program of that state psychiatric hospital has reached capacity and that no more patients may be admitted. Following notification that a state psychiatric hospital program has reached its capacity and no more patients may be admitted, any district court which has jurisdiction over all or part of the catchment area served by that state psychiatric hospital, and any participating mental health center which serves all or part of that same catchment area, may request that patients needing that treatment program be placed on a waiting list maintained by that state psychiatric hospital.
(c) In each such case, as a vacancy at that state psychiatric hospital occurs, the district court and participating mental health center shall be notified, in the order of their previous requests for placing a patient on the waiting list, that a patient may be admitted to the state psychiatric hospital. As soon as the state psychiatric hospital is able to admit patients on a regular basis to a treatment program for which notice has been previously given under this section, the superintendent of the state psychiatric hospital shall inform the supreme court and each affected district court that the moratorium on admissions is no longer in effect.
History: L. 1996, ch. 167, § 24; L. 2014, ch. 115, § 210; July 1.
(a) At least 14 days prior to the end of each period of treatment, as set out in the court order for such treatment, the head of the treatment facility furnishing treatment to the patient shall cause to be filed with the court a written report summarizing the treatment provided and the findings and recommendations of the treatment facility concerning the need for further treatment for the patient. Upon the filing of this written report, the court shall notify the patient's attorney of record that this written report has been filed. If there is no attorney of record for the patient, the court shall appoint an attorney and notify such attorney that the written report has been filed.
(b) When the attorney for the patient has received notice that the treatment facility has filed with the district court its written report, the attorney shall consult with the patient to determine whether the patient desires a hearing. If the patient desires a hearing, the attorney shall file a written request for a hearing with the district court and the request shall be filed not later than the last day ending any period of treatment as specified in the court's order for treatment issued pursuant to K.S.A. 59-2966 or 59-2967, and amendments thereto, or the court's last entered order for continued treatment issued pursuant to subsection (f). If the patient does not desire a hearing, the patient's attorney shall file with the court a written statement that the attorney has consulted with the patient; the manner in which the attorney has consulted with the patient; that the attorney has fully explained to the patient the patient's right to a hearing as set out in this section and that if the patient does not request such a hearing that further treatment will likely be ordered, but that having been so advised the patient does not desire a hearing. Thereupon, the court may renew its order for treatment and may specify the next period of treatment as provided for in subsection (f). A copy of the court's order shall be given to the patient, the attorney for the patient, the patient's legal guardian, the petitioner or the county or district attorney, as appropriate, and to the head of the treatment facility treating the patient as the court directs.
(c) Upon receiving a written request for a hearing, the district court shall set the matter for hearing and notice of such hearing shall be given similarly as provided for in K.S.A. 59-2963, and amendments thereto. Notice shall also be given promptly to the head of the treatment facility treating the patient. The hearing shall be held as soon as reasonably practical, but in no event more than 10 days following the filing of the written request for a hearing. The patient shall remain in treatment during the pendency of any such hearing, unless discharged by the head of the treatment facility pursuant to K.S.A. 59-2973, and amendments thereto.
(d) The district court having jurisdiction of any case may, on its own motion or upon written request of any interested party, including the head of the treatment facility where a patient is being treated, hold a hearing to review the patient's status earlier than at the times set out in subsection (b), if the court determines that a material change of circumstances has occurred necessitating an earlier hearing, however, the patient shall not be entitled to have more than one review hearing within each period of treatment as specified in any order for treatment, order for out-patient treatment or order for continued treatment.
(e) The hearing shall be conducted in the same manner as hearings provided for in K.S.A. 59-2965, and amendments thereto, except that the hearing shall be to the court and the patient shall not have the right to demand a jury. At the hearing it shall be the petitioner's or county or district attorney's or treatment facility's burden to show that the patient remains a mentally ill person subject to involuntary commitment for care and treatment under this act.
(f) Upon completion of the hearing, if the court finds by clear and convincing evidence that the patient continues to be a mentally ill person subject to involuntary commitment for care and treatment under this act, the court shall order continued treatment for a specified period of time not to exceed six months for any initial order for continued treatment, nor more than six months in any subsequent order for continued treatment, at an inpatient treatment facility as provided for in K.S.A. 59-2966, and amendments thereto, or at an outpatient treatment facility if the court determines that outpatient treatment is appropriate under K.S.A. 59-2967, and amendments thereto, and a copy of the court's order shall be provided to the head of the treatment facility. If the court finds that it has not been shown by clear and convincing evidence that the patient continues to be a mentally ill person subject to involuntary commitment for care and treatment under this act, it shall release the patient. A copy of the court's order of release shall be provided to the patient, the patient's attorney, the patient's legal guardian or other person known to be interested in the care and welfare of a minor patient, and to the head of the treatment facility where the patient had been receiving treatment.
History: L. 1996, ch. 167, § 25; L. 1997, ch. 152, § 9; L. 1998, ch. 134, § 50; L. 2024, ch. 31, § 4; July 1.
The court may issue orders providing for the transportation of patients as necessary to effectuate the provisions of this act. All orders of ex parte emergency custody, temporary custody, referral or treatment may authorize a relative or other suitable person to transport the individual named in the order to the place of detention or treatment specified in the order. All orders for transportation shall be served by the person transporting the individual named in the order upon the person in charge of the place of detention or treatment or such person's designee and due return of execution thereof shall be made to the court. A female being transported shall be accompanied by a female attendant, unless she is accompanied by an adult relative. An individual shall not be transported in a marked police car or sheriff's car if other means of transportation are available. The least amount of restraint necessary shall be used in transporting the patient.
History: L. 1996, ch. 167, § 26; April 18.
(a) At any time after the petition provided for in K.S.A. 59-2957, and amendments thereto, has been filed venue may be transferred in accordance with this section.
(1) Prior to trial required by K.S.A. 59-2965, and amendments thereto, and before the expiration of two full working days following the probable cause hearing held pursuant to K.S.A. 59-2959 or 59-2962, and amendments thereto, the district court then with jurisdiction, on its own motion or upon the written request of any person, may transfer the venue of the case to the district court of the county where the patient is being detained, evaluated or treated in a treatment facility under the authority of an order issued pursuant to K.S.A. 59-2958, 59-2959 or 59-2964, and amendments thereto. Thereafter the district court may on its own motion or upon the written request of any person transfer venue to another district court only for good cause shown.
When an order changing venue is issued, the district court issuing the order shall immediately send to the district court to which venue is changed a facsimile or electronic copy of the entire file of the case. The district court shall also immediately send a facsimile or electronic copy of the order transferring venue to the treatment facility where the patient is being detained, evaluated or treated.
(2) After trial required by K.S.A. 59-2965, and amendments thereto, the district court may on its own motion or upon the written request of any person transfer venue to another district court for good cause shown. When an order changing venue is issued, the district court issuing the order shall immediately send to the district court to which venue is changed a facsimile or electronic copy of the entire file of the case. The transferring district court shall also immediately send a facsimile or electronic copy of the order transferring venue to the treatment facility where the patient is being detained, evaluated or treated.
(b) The district court issuing an order transferring venue, if not in the county of residence of the proposed patient, shall transmit to the district court in the county of residence of the proposed patient a statement of any court costs incurred by the county of the district court issuing the order and, if the county of residence is not the receiving county, a facsimile or electronic copy of the entire file of the case.
(c) Any district court to which venue is transferred shall proceed in the case as if the petition had been originally filed therein and shall cause notice of the change of venue to be given to the persons named in and in the same manner as provided for in K.S.A. 59-2963, and amendments thereto. In the event that notice of a change of location of a hearing due to a change of venue cannot be served at least 48 hours prior to any hearing previously scheduled by the transferring court or because of scheduling conflicts the hearing can not be held by the receiving court on the previously scheduled date, then the receiving court shall continue the hearing for up to seven full working days to allow adequate time for notice to be given and the hearing held.
(d) Any district court to which venue is transferred, if not in the county of residence of the patient, shall transmit to the district court in the county of residence of the patient a statement of any court costs incurred and a facsimile or electronic copy of all pleadings and orders entered in the case after transfer.
History: L. 1996, ch. 167, § 27; L. 1997, ch. 152, § 10; L. 2009, ch. 116, § 20; L. 2010, ch. 5, § 10; March 11.
(a) The secretary for aging and disability services or the secretary's designee may transfer any patient from any state psychiatric hospital under the secretary's control to any other state psychiatric hospital whenever the secretary or the secretary's designee considers it to be in the best interests of the patient. Except in the case of an emergency, the patient's spouse or nearest relative or legal guardian, if one has been appointed, shall be notified of the transfer, and notice shall be sent to the committing court not less than 14 days before the proposed transfer. The notice shall name the hospital to which the patient is proposed to be transferred to and state that, upon request of the spouse or nearest relative or legal guardian, an opportunity for a hearing on the proposed transfer will be provided by the secretary for aging and disability services prior to such transfer.
(b) The secretary for aging and disability services or the designee of the secretary may transfer any involuntary patient from any state psychiatric hospital to any state institution for people with intellectual disability whenever the secretary for aging and disability services or the designee of the secretary considers it to be in the best interests of the patient. Any patient transferred as provided for in this subsection shall remain subject to the same statutory provisions as were applicable at the psychiatric hospital from which the patient was transferred and in addition thereto shall abide by and be subject to all the rules and regulations of the institution for people with intellectual disability to which the patient has been transferred. Except in the case of an emergency, the patient's spouse or nearest relative or legal guardian, if one has been appointed, shall be notified of the transfer, and notice shall be sent to the committing court not less than 14 days before the proposed transfer. The notice shall name the institution to which the patient is proposed to be transferred to and state that, upon request of the spouse or nearest relative or legal guardian, an opportunity for a hearing on the proposed transfer will be provided by the secretary for aging and disability services prior to such transfer. No patient shall be transferred from a state psychiatric hospital to a state institution for people with intellectual disability unless the superintendent of the receiving institution has found, pursuant to K.S.A. 76-12b01 through 76-12b11, and amendments thereto, that the patient is a person with intellectual disability and in need of care and training and that placement in the institution is the least restrictive alternative available. Nothing in this subsection shall prevent the secretary for aging and disability services or the designee of the secretary from allowing a patient at a state psychiatric hospital to be admitted as a voluntary resident to a state institution for people with intellectual disability, or from then discharging such person from the state psychiatric hospital pursuant to K.S.A. 59-2973, and amendments thereto, as may be appropriate.
History: L. 1996, ch. 167, § 28; L. 1997, ch. 152, § 11; L. 1998, ch. 134, § 51; L. 2012, ch. 91, § 37; L. 2014, ch. 115, § 211; July 1.
(a) When any proposed patient or involuntary patient has been admitted to any treatment facility pursuant to K.S.A. 59-2954, 59-2958, 59-2959, 59-2964, 59-2966 or 59-2967 and amendments thereto, the head of the treatment facility shall discharge and release the patient when the patient is no longer in need of treatment, except that no patient shall be discharged from a state psychiatric hospital without the hospital receiving and considering recommendations from the participating mental health center serving the area where the patient intends to reside.
(b) Nothing in this section shall be construed to amend or modify or repeal any law relating to the confinement of persons charged with or convicted of a criminal offense.
History: L. 1996, ch. 167, § 29; April 18.
The head of the treatment facility shall notify, in writing, the patient, the patient's attorney, the petitioner or the petitioner's attorney, the county or district attorney as appropriate, and the district court which has jurisdiction over the patient of the patient's discharge pursuant to K.S.A. 59-2973, and amendments thereto. When a notice of discharge is received, the court shall file the same which shall terminate the proceedings, unless there has been issued a superseding inpatient or outpatient treatment order not being discharged by the notice. Whenever a person who is involuntarily committed to a state psychiatric hospital is released by order of the court or termination of the case, the court shall review the case upon request of the patient, and may order the issuance of the certificate of restoration pursuant to K.S.A. 75-7c26, and amendments thereto. If the court issues such release or termination and certificate, the court shall order the clerk of the district court to report the release or termination of the case and the certificate of restoration to the Kansas bureau of investigation within five days after the order.
History: L. 1996, ch. 167, § 30; L. 2006, ch. 210, § 17; July 1, 2007.
If any involuntary patient leaves the place of the patient's detention or treatment without the authority of the head of the treatment facility, the head of the treatment facility shall notify the sheriff of the county in which the treatment facility is located of the involuntary patient's unauthorized absence and request that the patient be taken into custody and returned to the treatment facility. If oral notification is given, it shall be confirmed in writing as soon thereafter as reasonably possible.
History: L. 1996, ch. 167, § 31; April 18.
(a) Medications and other treatments shall be prescribed, ordered and administered only in conformity with accepted clinical practice. Medication shall be administered only upon the written order of a physician or upon a verbal order noted in the patient's medical records and subsequently signed by the physician. The attending physician shall review regularly the drug regimen of each patient under the physician's care and shall monitor any symptoms of harmful side effects. Prescriptions for psychotropic medications shall be written with a termination date not exceeding 30 days thereafter but may be renewed.
(b) During the course of treatment the responsible physician or psychologist or such person's designee shall reasonably consult with the patient, the patient's legal guardian, or a minor patient's parent and give consideration to the views the patient, legal guardian or parent expresses concerning treatment and any alternatives. No medication or other treatment may be administered to any voluntary patient without the patient's consent, or the consent of such patient's legal guardian or of such patient's parent if the patient is a minor.
(c) Consent for medical or surgical treatments not intended primarily to treat a patient's mental disorder shall be obtained in accordance with applicable law.
(d) Whenever any patient is receiving treatment pursuant to K.S.A. 59-2954, 59-2958, 59-2959, 59-2964, 59-2966 or 59-2967 and amendments thereto, and the treatment facility is administering to the patient any medication or other treatment which alters the patient's mental state in such a way as to adversely affect the patient's judgment or hamper the patient in preparing for or participating in any hearing provided for by this act, then two days prior to and during any such hearing, the treatment facility may not administer such medication or other treatment unless such medication or other treatment is necessary to sustain the patient's life or to protect the patient or others. Prior to the hearing, a report of all such medications or other treatment which have been administered to the patient, along with a copy of any written consent(s) which the patient may have signed, shall be submitted to the court. Counsel for the patient may preliminarily examine the attending physician regarding the administration of any medication to the patient within two days of the hearing with regard to the affect that medication may have had upon the patient's judgment or ability to prepare for or participate in the hearing. On the basis thereof, if the court determines that medication or other treatment has been administered which adversely affects the patient's judgment or ability to prepare for or participate in the hearing, the court may grant to the patient a reasonable continuance in order to allow for the patient to be better able to prepare for or participate in the hearing and the court shall order that such medication or other treatment be discontinued until the conclusion of the hearing, unless the court finds that such medication or other treatment is necessary to sustain the patient's life or to protect the patient or others, in which case the court shall order that the hearing proceed.
(e) Whenever a patient receiving treatment pursuant to K.S.A. 59-2954, 59-2958, 59-2959, 59-2964, 59-2966 or 59-2967 and amendments thereto, objects to taking any medication prescribed for psychiatric treatment, and after full explanation of the benefits and risks of such medication continues their objection, the medication may be administered over the patient's objection; except that the objection shall be recorded in the patient's medical record and at the same time written notice thereof shall be forwarded to the medical director of the treatment facility or the director's designee. Within five days after receiving such notice, excluding Saturdays, Sundays and legal holidays, the medical director or designee shall deliver to the patient and the patient's physician the medical director's or designee's written decision concerning the administration of that medication, and a copy of that decision shall be placed in the patient's medical record.
(f) In no case shall experimental medication be administered without the patient's consent, which consent shall be obtained in accordance with subsection (a)(6) of K.S.A. 59-2978 and amendments thereto.
History: L. 1996, ch. 167, § 32; April 18.
(a) Restraints or seclusion shall not be applied to a patient unless it is determined by the head of the treatment facility or a physician or psychologist to be necessary to prevent immediate substantial bodily injury to the patient or others and that other alternative methods to prevent such injury are not sufficient to accomplish this purpose. Restraint or seclusion shall never be used as a punishment or for the convenience of staff. The extent of the restraint or seclusion applied to the patient shall be the least restrictive measure necessary to prevent such injury to the patient or others, and the use of restraint or seclusion in a treatment facility shall not exceed 3 hours without medical reevaluation, except that such medical reevaluation shall not be required, unless necessary, between the hours of 12:00 midnight and 8:00 a.m. When restraints or seclusion are applied, there shall be monitoring of the patient's condition at a frequency determined by the treating physician or psychologist, which shall be no less than once per each 15 minutes. The head of the treatment facility or a physician or psychologist shall sign a statement explaining the treatment necessity for the use of any restraint or seclusion and shall make such statement a part of the permanent treatment record of the patient.
(b) The provisions of subsection (a) shall not prevent, for a period not exceeding 2 hours without review and approval thereof by the head of the treatment facility or a physician or psychologist:
(1) Staff at the state security hospital from confining patients in their rooms when it is considered necessary for security or proper institutional management;
(2) the use of such restraints as necessary for a patient who is likely to cause physical injury to self or others without the use of such restraints;
(3) the use of restraints when needed primarily for examination or treatment or to insure the healing process; or
(4) the use of seclusion as part of a treatment methodology that calls for time out when the patient is refusing to participate in a treatment or has become disruptive of a treatment process.
(c) "Restraints" means the application of any devices, other than human force alone, to any part of the body of the patient for the purpose of preventing the patient from causing injury to self or others.
(d) "Seclusion" means the placement of a patient, alone, in a room, where the patient's freedom to leave is restricted and where the patient is not under continuous observation.
History: L. 1996, ch. 167, § 33; April 18.
(a) Every patient being treated in any treatment facility, in addition to all other rights preserved by the provisions of this act, shall have the following rights:
(1) To wear the patient's own clothes, keep and use the patient's own personal possessions including toilet articles and keep and be allowed to spend the patient's own money;
(2) to communicate by all reasonable means with a reasonable number of persons at reasonable hours of the day and night, including both to make and receive confidential telephone calls, and by letter, both to mail and receive unopened correspondence, except that if the head of the treatment facility should deny a patient's right to mail or to receive unopened correspondence under the provisions of subsection (b), such correspondence shall be opened and examined in the presence of the patient;
(3) to conjugal visits if facilities are available for such visits;
(4) to receive visitors in reasonable numbers and at reasonable times each day;
(5) to refuse involuntary labor other than the housekeeping of the patient's own bedroom and bathroom, provided that nothing herein shall be construed so as to prohibit a patient from performing labor as a part of a therapeutic program to which the patient has given their written consent and for which the patient receives reasonable compensation;
(6) not to be subject to such procedures as psychosurgery, electroshock therapy, experimental medication, aversion therapy or hazardous treatment procedures without the written consent of the patient or the written consent of a parent or legal guardian, if such patient is a minor or has a legal guardian provided that the guardian has obtained authority to consent to such from the court which has venue over the guardianship following a hearing held for that purpose;
(7) to have explained, the nature of all medications prescribed, the reason for the prescription and the most common side effects and, if requested, the nature of any other treatments ordered;
(8) to communicate by letter with the secretary for aging and disability services, the head of the treatment facility and any court, attorney, physician, psychologist, qualified mental health professional or minister of religion, including a Christian Science practitioner. All such communications shall be forwarded at once to the addressee without examination and communications from such persons shall be delivered to the patient without examination;
(9) to contact or consult privately with the patient's physician or psychologist, qualified mental health professional, minister of religion, including a Christian Science practitioner, legal guardian or attorney at any time and if the patient is a minor, their parent;
(10) to be visited by the patient's physician, psychologist, qualified mental health professional, minister of religion, including a Christian Science practitioner, legal guardian or attorney at any time and if the patient is a minor, their parent;
(11) to be informed orally and in writing of their rights under this section upon admission to a treatment facility; and
(12) to be treated humanely consistent with generally accepted ethics and practices.
(b) The head of the treatment facility may, for good cause only, restrict a patient's rights under this section, except that the rights enumerated in subsections (a)(5) through (a)(12), and the right to mail any correspondence which does not violate postal regulations, shall not be restricted by the head of the treatment facility under any circumstances. Each treatment facility shall adopt regulations governing the conduct of all patients being treated in such treatment facility, which regulations shall be consistent with the provisions of this section. A statement explaining the reasons for any restriction of a patient's rights shall be immediately entered on such patient's medical record and copies of such statement shall be made available to the patient or to the parent, or legal guardian if such patient is a minor or has a legal guardian, and to the patient's attorney. In addition, notice of any restriction of a patient's rights shall be communicated to the patient in a timely fashion.
(c) Any person willfully depriving any patient of the rights protected by this section, except for the restriction of such rights in accordance with the provisions of subsection (b) or in accordance with a properly obtained court order, shall be guilty of a class C misdemeanor.
(d) The provisions of this section do not apply to persons civilly committed to a treatment facility as a sexually violent predator pursuant to K.S.A. 59-29a01 et seq., and amendments thereto.
History: L. 1996, ch. 167, § 34; L. 2007, ch. 170, § 3; L. 2014, ch. 115, § 212; L. 2017, ch. 77, § 19; July 1.
(a) The district court records, and any treatment records or medical records of any patient or former patient that are in the possession of any district court or treatment facility shall be privileged and shall not be disclosed except:
(1) Upon the written consent of (A) the patient or former patient, if an adult who has no legal guardian; (B) the patient's or former patient's legal guardian, if one has been appointed; or (C) a parent, if the patient or former patient is under 18 years of age, except that a patient or former patient who is 14 or more years of age and who was voluntarily admitted upon their own application made pursuant to subsection (b)(2)(B) of K.S.A. 59-2949, and amendments thereto, shall have capacity to consent to release of their records without parental consent. The head of any treatment facility who has the records may refuse to disclose portions of such records if the head of the treatment facility states in writing that such disclosure will be injurious to the welfare of the patient or former patient.
(2) Upon the sole consent of the head of the treatment facility who has the records if the head of the treatment facility makes a written determination that such disclosure is necessary for the treatment of the patient or former patient.
(3) To any state or national accreditation agency or for a scholarly study, but the head of the treatment facility shall require, before such disclosure is made, a pledge from any state or national accreditation agency or scholarly investigator that such agency or investigator will not disclose the name of any patient or former patient to any person not otherwise authorized by law to receive such information.
(4) Upon the order of any court of record after a determination has been made by the court issuing the order that such records are necessary for the conduct of proceedings before the court and are otherwise admissible as evidence.
(5) In proceedings under this act, upon the oral or written request of any attorney representing the patient, or former patient.
(6) To appropriate administrative or professional staff of the department of corrections whenever patients have been administratively transferred to the state security hospital or other state psychiatric hospitals pursuant to the provisions of K.S.A. 75-5209, and amendments thereto. The patient's or former patient's consent shall not be necessary to release information to the department of corrections.
(7) To the state central repository at the Kansas bureau of investigation for use only in determining eligibility to purchase and possess firearms or qualifications for licensure pursuant to the personal and family protection act.
(8) To the commission on judicial performance in the discharge of the commission's duties pursuant to article 32 of chapter 20 of the Kansas Statutes Annotated, and amendments thereto.
(9) As otherwise provided for in this act.
(b) To the extent the provisions of K.S.A. 65-5601 through 65-5605, inclusive, and amendments thereto, are applicable to treatment records or medical records of any patient or former patient, the provisions of K.S.A. 65-5601 through 65-5605, inclusive, and amendments thereto, shall control the disposition of information contained in such records.
(c) Willful violation of this section is a class C misdemeanor.
History: L. 1996, ch. 167, § 35; L. 2007, ch. 166, § 2; L. 2008, ch. 145, § 10; May 22.
Any person or law enforcement agency, governing body, community mental health center or personnel acting in good faith and without negligence shall be free from all liability, civil or criminal, that might arise out of acting or declining to act pursuant to this act. Any person who for a corrupt consideration or advantage, or through malice, shall make or join in making or advise the making of any false petition, report or order provided for in this act shall be guilty of a class A misdemeanor.
History: L. 1996, ch. 167, § 36; L. 2017, ch. 77, § 20; July 1.
In each proceeding the court shall allow and order paid to any individual or treatment facility as part of the costs thereof a reasonable fee and expenses for any professional services ordered performed by the court pursuant to this act other than those performed by any individual or hospital under the jurisdiction of the secretary for aging and disability services, and including the fee of counsel for the patient when counsel is appointed by the court and the costs of the county or district attorney incurred in cases involving change of venue. Other costs and fees shall be allowed and paid as are allowed by law for similar services in other cases. The costs shall be taxed to the estate of the patient, to those bound by law to support such patient or to the county of the residence of the patient as the court having jurisdiction shall direct, except that if a proposed patient is found not to be a mentally ill person subject to involuntary commitment under this act, the costs shall not be assessed against such patient's estate but may at the discretion of the court be assessed against the petitioner or may be paid from the general fund of the county of the residence of the proposed patient. Any district court receiving a statement of costs from another district court shall forthwith approve the same for payment out of the general fund of its county except that it may refuse to approve the same for payment only on the ground that the patient is not a resident of that county. In such case it shall transmit the statement of costs to the secretary for aging and disability services who shall determine the question of residence and certify the secretary's findings to each district court. Whenever a district court has sent a statement of costs to the district court of another county and such costs have not been paid within 90 days after the statement was sent, the district court that sent the statement may transmit such statement of costs to the secretary for determination and certification as provided above. If the claim for costs is not paid within 30 days after such certification, an action may be maintained thereon by the claimant county in the district court of the claimant county against the debtor county. The findings made by the secretary for aging and disability services as to the residence of the patient shall be applicable only to the assessment of costs. Any county of residence which pays from its general fund court costs to the district court of another county may recover the same in any court of competent jurisdiction from the estate of the patient or from those bound by law to support such patient, unless the court shall find that the proceedings in which such costs were incurred were instituted without probable cause and not in good faith.
History: L. 1996, ch. 167, § 37; L. 2014, ch. 115, § 213; July 1.
In the event of the death of a patient in a treatment facility, the head of the treatment facility shall immediately give notice of the date, time, place and cause of such death, to the extent known, to the nearest known relative of the patient, and, as appropriate, to the court having jurisdiction over the patient, the attorney for the patient, and to the county or district attorney and as otherwise provide for by law, to the coroner for the county in which the patient died.
History: L. 1996, ch. 167, § 38; April 18.
Nothing in this act shall be construed to apply to any person alleged or thought to be a mentally ill person subject to involuntary commitment for care and treatment under this act who is in custody on a criminal charge, except with the consent of either the prosecuting attorney or trial court.
History: L. 1996, ch. 167, § 39; April 18.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1996, ch. 167, § 40; April 18.
History: L. 1996, ch. 167, §§ 41, 42; Repealed, L. 1998, ch. 134, § 52; July 1.
(a) The legislature finds that there exists an extremely dangerous group of sexually violent predators who have a mental abnormality or personality disorder and who are likely to engage in repeat acts of sexual violence if not treated for their mental abnormality or personality disorder. Because the existing civil commitment procedures under K.S.A. 59-2901 et seq., and amendments thereto, are inadequate to address the special needs of sexually violent predators and the risks they present to society, the legislature determines that a separate involuntary civil commitment process for the potentially long-term control, care and treatment of sexually violent predators is necessary. The legislature also determines that because of the nature of the mental abnormalities or personality disorders from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily committed sexually violent predators in an environment separate from persons involuntarily committed under K.S.A. 59-2901 et seq., and amendments thereto.
(b) Notwithstanding any other evidence of legislative intent, it is hereby declared that any time requirements set forth in K.S.A. 59-29a01 et seq., and amendments thereto, either as originally enacted or as amended, are intended to be directory and not mandatory and serve as guidelines for conducting proceedings under K.S.A. 59-29a01 et seq., and amendments thereto.
(c) The provisions of K.S.A. 59-29a01 et seq. and amendments thereto, shall be known and may be cited as the Kansas sexually violent predator act.
History: L. 1994, ch. 316, § 1; L. 1999, ch. 140, § 1; L. 2003, ch. 152, § 1; L. 2015, ch. 95, § 1; July 1.
As used in this act:
(a) "Sexually violent predator" means any person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in repeat acts of sexual violence and who has serious difficulty in controlling such person's dangerous behavior.
(b) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses in a degree constituting such person a menace to the health and safety of others.
(c) "Likely to engage in repeat acts of sexual violence" means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.
(d) "Sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.
(e) "Sexually violent offense" means:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A. 21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments thereto;
(4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) and (a)(3), prior to its repeal, or K.S.A. 21-5504(a)(3) and (a)(4), and amendments thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto;
(9) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505(b), and amendments thereto;
(10) aggravated incest, as defined in K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604(b), and amendments thereto;
(11) any conviction for a felony offense in effect at any time prior to the effective date of this act, that is comparable to a sexually violent offense as defined in paragraphs (1) through (11)* or any federal or other state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this section;
(12) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 and 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of a sexually violent offense as defined in this subsection; or
(13) any act which either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this act, has been determined beyond a reasonable doubt to have been sexually motivated.
(f) "Agency with jurisdiction" means an agency that releases upon lawful order or authority, a person confined or serving a sentence and includes the department of corrections, the Kansas department for aging and disability services and the prisoner review board.
(g) "Person" means an individual who is a potential or actual subject of proceedings under this act.
(h) "Treatment staff" means the persons, agencies or firms employed by or contracted with the secretary to provide treatment, supervision or other services at the sexually violent predator facility.
(i) "Transitional release" means any halfway house, work release, sexually violent predator treatment facility or other placement designed to assist the person's adjustment and reintegration into the community.
(j) "Secretary" means the secretary for aging and disability services.
(k) "Conditional release" means approved placement in the community for a minimum of five years while under the supervision of the person's court of original commitment and monitored by the secretary for aging and disability services.
(l) "Conditional release monitor" means an individual appointed by the court to monitor the person's compliance with the treatment plan while placed on conditional release and who reports to the court. Such monitor shall not be a court services officer.
(m) "Progress review panel" means individuals appointed by the secretary for aging and disability services to evaluate a person's progress in the sexually violent predator treatment program.
History: L. 1994, ch. 316, § 2; L. 1995, ch. 193, § 1; L. 1998, ch. 198, § 3; L. 1999, ch. 140, § 2; L. 2006, ch. 214, § 11; L. 2011, ch. 30, § 210; L. 2012, ch. 16, § 25; L. 2014, ch. 115, § 214; L. 2018, ch. 94, § 1; L. 2022, ch. 47, § 1; July 1.
(a) (1) Prior to July 1, 2023, when it appears that a person may meet the criteria of a sexually violent predator as defined in K.S.A. 59-29a02, and amendments thereto, the agency with jurisdiction shall give written notice of such to the attorney general and the multidisciplinary team established in subsection (f). Such notice shall be given 90 days prior to the anticipated release of a person and includes, but is not limited to:
(A) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than 90 days as a result of revocation of postrelease supervision, written notice shall be given as soon as practicable following the person's readmission to prison;
(B) release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to K.S.A. 22-3305, and amendments thereto;
(C) release of a person who has been found not guilty of a sexually violent offense pursuant to K.S.A. 22-3428, and amendments thereto; or
(D) release of a person who has been found not guilty of a sexually violent offense pursuant to K.S.A. 22-3428, and amendments thereto, and the jury who returned the verdict of not guilty answers in the affirmative to the special question asked pursuant to K.S.A. 22-3221, and amendments thereto.
(2) On and after July 1, 2023, and prior to July 1, 2024, when it appears that a person may meet the criteria of a sexually violent predator as defined in K.S.A. 59-29a02, and amendments thereto, the agency with jurisdiction shall give written notice of such to the attorney general and the multidisciplinary team established in subsection (f). Such notice shall be given 90 days to two years prior to the anticipated release of a person and includes, but is not limited to:
(A) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than 90 days as a result of revocation of postrelease supervision, written notice shall be given as soon as practicable following the person's readmission to prison;
(B) release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to K.S.A. 22-3305, and amendments thereto;
(C) release of a person who has been found not guilty of a sexually violent offense pursuant to K.S.A. 22-3428, and amendments thereto; or
(D) release of a person who has been found not guilty of a sexually violent offense pursuant to K.S.A. 22-3428, and amendments thereto, and the jury who returned the verdict of not guilty answers in the affirmative to the special question asked pursuant to K.S.A. 22-3221, and amendments thereto.
(3) On and after July 1, 2024, when it appears that a person may meet the criteria of a sexually violent predator as defined in K.S.A. 59-29a02, and amendments thereto, the agency with jurisdiction shall give written notice of such to the attorney general and the multidisciplinary team established in subsection (f). Such notice shall be given two years prior to the anticipated release of a person and includes, but is not limited to:
(A) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than 90 days as a result of revocation of postrelease supervision, written notice shall be given as soon as practicable following the person's readmission to prison;
(B) release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to K.S.A. 22-3305, and amendments thereto;
(C) release of a person who has been found not guilty of a sexually violent offense pursuant to K.S.A. 22-3428, and amendments thereto; or
(D) release of a person who has been found not guilty of a sexually violent offense pursuant to K.S.A. 22-3428, and amendments thereto, and the jury who returned the verdict of not guilty answers in the affirmative to the special question asked pursuant to K.S.A. 22-3221, and amendments thereto.
(b) The agency with jurisdiction shall inform the attorney general and the multidisciplinary team established in subsection (f) of the following:
(1) The person's name, identifying factors, anticipated future residence and offense history; and
(2) documentation of institutional adjustment and any treatment received.
(c) Any reports of evaluations prepared or provided pursuant to subsection (b) shall demonstrate that the person evaluated was informed of the following:
(1) The nature and purpose of the evaluation; and
(2) that the evaluation will not be confidential and that any statements made by the person and any conclusions drawn by the evaluator may be disclosed to a court, the detained person's attorney, the prosecutor and the trier of fact at any proceeding conducted under the Kansas sexually violent predator act.
(d) The permitted disclosures required to be submitted to the attorney general under this section shall be deemed to be in response to the attorney general's civil demand for relevant and material information to investigate whether a petition shall be filed. The information provided shall be specific to the purposes of the Kansas sexually violent predator act and as limited in scope as reasonably practicable.
(e) The agency with jurisdiction, its employees, officials, members of the multidisciplinary team established in subsection (f), members of the prosecutor's review committee appointed as provided in subsection (g) and individuals contracting, appointed or volunteering to perform services hereunder shall be immune from liability for any good-faith conduct under this section.
(f) The secretary of corrections shall establish a multidisciplinary team which may include individuals from other state agencies to review available records of each person referred to such team pursuant to subsection (a). The team shall include the mental health professional who prepared any evaluation, interviewed the person or made any recommendation to the attorney general. The team shall assess whether or not the person meets the definition of a sexually violent predator, as established in K.S.A. 59-29a02, and amendments thereto. The team shall notify the attorney general of its assessment.
(g) The attorney general shall appoint a prosecutor's review committee to review the records of each person referred to the attorney general pursuant to subsection (a). The prosecutor's review committee shall assist the attorney general in the determination of whether or not the person meets the definition of a sexually violent predator. The assessment of the multidisciplinary team shall be made available to the attorney general and the prosecutor's review committee.
(h) The provisions of this section are not jurisdictional and failure to comply with such provisions not affecting constitutional rights in no way prevents the attorney general from proceeding against a person otherwise subject to the provisions of the Kansas sexually violent predator act.
History: L. 1994, ch. 316, § 3; L. 1995, ch. 193, § 2; L. 1995, ch. 251, § 33; L. 1999, ch. 140, § 3; L. 2015, ch. 95, § 2; L. 2022, ch. 47, § 2; July 1.
(a) When the prosecutor's review committee, appointed as provided in K.S.A. 59-29a03(g), and amendments thereto, has determined that the person meets the definition of a sexually violent predator, the attorney general, within 75 days of the date the attorney general received the written notice as provided in K.S.A. 59-29a03(a), and amendments thereto, may file a petition in the county where the person was convicted of or charged with a sexually violent offense alleging that the person is a sexually violent predator and stating sufficient facts to support such allegation.
(b) Notwithstanding the provisions of subsection (a), when the person named in the petition is a person who has been convicted of or charged with a federal or other state offense that under the laws of this state would be a sexually violent offense, as defined in K.S.A. 59-29a02, and amendments thereto, the attorney general may file the petition in the county where the person now resides, was charged or convicted of any offense, or was released.
(c) Service of the petition on the attorney appointed or hired to represent the person shall be deemed sufficient service.
(d) The provisions of this section are not jurisdictional, and failure to comply with such provisions not affecting constitutional rights in no way prevents the attorney general from proceeding against a person otherwise subject to the provisions of the Kansas sexually violent predator act.
(e) Whenever a determination is made regarding whether a person may be a sexually violent predator, the county responsible for the costs incurred, including, but not limited to, costs of investigation, prosecution, defense, juries, witness fees and expenses, expert fees and expenses and other expenses related to determining whether a person may be a sexually violent predator, shall be reimbursed for such costs by the office of the attorney general from the sexually violent predator expense fund. The attorney general shall develop and implement a procedure to provide such reimbursements. If there are no moneys available in such fund to pay any such reimbursements, the county may file a claim against the state pursuant to article 9 of chapter 46, of the Kansas Statutes Annotated, and amendments thereto.
(f) The person against whom a petition is filed shall be responsible for the costs of the medical care and treatment provided or made accessible by the governmental entity having custody, and the governmental entity having custody may seek reimbursement from the person against whom a petition has been filed for such costs.
(g) Pre-commitment proceedings, post-commitment proceedings, including conditional release and final discharge and other court proceedings are civil in nature. Such proceedings shall follow the procedures set forth in chapter 60 of the Kansas Statutes Annotated, and amendments thereto, except as expressly provided elsewhere in the Kansas sexually violent predator act.
History: L. 1994, ch. 316, § 4; L. 1995, ch. 193, § 3; L. 1999, ch. 140, § 4; L. 2003, ch. 152, § 2; L. 2007, ch. 170, § 4; L. 2015, ch. 95, § 3; July 1.
(a) There is hereby created in the state treasury the sexually violent predator expense fund which shall be administered by the attorney general. All moneys credited to such fund shall be used to reimburse counties under:
(1) K.S.A. 59-29a04, and amendments thereto, responsible for the costs related to determining whether a person may be a sexually violent predator; and
(2) K.S.A. 59-29a23, and amendments thereto, for the costs related to a person filing a civil action relating to the civil commitment pursuant to the Kansas sexually violent predator act.
(b) All expenditures from the sexually violent predator expense fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or the attorney general's designee.
History: L. 2007, ch. 170, § 2; L. 2011, ch. 92, § 2; L. 2015, ch. 95, § 4; July 1.
(a) Upon filing of a petition under K.S.A. 59-29a04, and amendments thereto, the court shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If such determination is made, the court shall:
(1) Direct that the person be taken into custody and detained in the county jail until such time as a determination is made that the person is a sexually violent predator subject to commitment under the Kansas sexually violent predator act, unless the person is subject to secure confinement at a correctional facility operated by the secretary of corrections. When the person is no longer subject to secure confinement at a correctional facility operated by the secretary of corrections, the court shall direct that the sheriff of the county where the petition is filed, or the sheriff's lawful designee, transport the person to the county jail and detain the person in the county jail until such time as a determination is made that the person is a sexually violent predator subject to commitment under the Kansas sexually violent predator act; and
(2) file a protective order permitting disclosures of protected health information to the parties, their counsel, evaluators, experts and others necessary to the litigation during the course of the proceedings subject to the Kansas sexually violent predator act.
(b) As soon as reasonably practicable or agreed upon by the parties after the filing of a petition under K.S.A. 59-29a04, and amendments thereto, the court shall order that the person named in the petition be provided with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the person is a sexually violent predator. At this hearing the court shall:
(1) Verify the person's identity; and
(2) determine whether probable cause exists to believe that the person is a sexually violent predator. The state may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.
(c) At the probable cause hearing as provided in subsection (b), the person shall have the following rights in addition to the rights previously specified:
(1) To be represented by counsel;
(2) to present evidence on such person's behalf;
(3) to cross-examine witnesses who testify against such person; and
(4) to view and copy all petitions and reports in the court file.
(d) If the probable cause determination is made, the court shall order that the person be transferred to an appropriate secure facility, including, but not limited to, a county jail, for an evaluation as to whether the person is a sexually violent predator. The evaluation ordered by the court shall be conducted by a person deemed to be professionally qualified to conduct such an examination.
(e) The person conducting the evaluation ordered by the court pursuant to this section shall notify the person being evaluated of the following:
(1) The nature and purpose of the evaluation; and
(2) that the evaluation will not be confidential and that any statements made by the person and any conclusions drawn by the evaluator, will be disclosed to the court, the person's attorney, the prosecutor and the trier of fact at any proceeding conducted under the Kansas sexually violent predator act.
(f) When a proceeding under the Kansas sexually violent predator act is required to be conducted by the court and the person involved in the proceeding remains subject to secure confinement at a correctional facility operated by the secretary of corrections, the court may secure the person's attendance at the proceeding by directing the sheriff of the county where the proceeding will be held, or the sheriff's lawful designee, to take the person into the sheriff's physical custody. The sheriff may detain such person in the county jail for such time deemed reasonable by the sheriff and the secretary of corrections to secure the person's attendance at the proceeding.
(g) Nothing in this section shall be construed to give a person:
(1) The right to appear at a proceeding under the Kansas sexually violent predator act absent a court order; or
(2) any right whatsoever in the amount of time the person is detained in the county jail to secure the person's attendance at a proceeding under the Kansas sexually violent predator act.
History: L. 1994, ch. 316, § 5; L. 1995, ch. 193, § 4; L. 2012, ch. 59, § 1; L. 2015, ch. 95, § 5; L. 2022, ch. 47, § 3; July 1.
(a) Within 60 days after the completion of any hearing held pursuant to K.S.A. 59-29a05, and amendments thereto, the court shall set the matter for a pretrial conference to establish a mutually agreeable date for trial to determine whether the person is a sexually violent predator. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice and when the respondent will not be substantially prejudiced.
(b) In proceedings under this section, the person shall be entitled to the assistance of counsel and an independent examination pursuant to K.S.A. 60-235, and amendments thereto, and if the person is indigent, the court shall appoint counsel to assist such person. When the person wishes to be examined pursuant to K.S.A. 60-235, and amendments thereto, the examiner shall be permitted to have reasonable access to the person for the purpose of such examination, as well as to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court, upon the person's request, shall determine whether the services are necessary and reasonable compensation for such services. If the court determines that the services are necessary and the examiner's requested compensation for such services is reasonable, the court shall assist the person in obtaining an examiner to perform an examination or participate in the trial on the person's behalf. The court shall approve payment for such services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person and compensation received in the same case or for the same services from any other source.
(c) Notwithstanding K.S.A. 60-456, and amendments thereto, at any proceeding conducted under the Kansas sexually violent predator act, the parties shall be permitted to call expert witnesses. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If the facts or data are of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, such facts and data need not be admissible in evidence in order for the opinion or inference to be admitted.
(d) The person, the attorney general, or the judge shall have the right to demand that the trial be before a jury. Such demand for the trial to be before a jury shall be filed, in writing, at least four days prior to trial. Number and selection of jurors shall be determined as provided in K.S.A. 22-3403, and amendments thereto. If no demand is made, the trial shall be before the court.
(e) A jury shall consist of 12 jurors unless the parties agree in writing with the approval of the court that the jury shall consist of any number of jurors less than 12 jurors. The person and the attorney general shall each have eight peremptory challenges, or in the case of a jury of less than 12 jurors, a proportionally equal number of peremptory challenges.
(f) Notwithstanding any other provision of law to the contrary, the provisions of this section relating to jury trials shall not apply to proceedings for annual review or proceedings on a petition for transitional release, conditional release or final discharge.
History: L. 1994, ch. 316, § 6; L. 1995, ch. 193, § 5; L. 1999, ch. 71, § 1; L. 2003, ch. 152, § 3; L. 2011, ch. 92, § 3; L. 2012, ch. 59, § 2; L. 2015, ch. 95, § 6; July 1.
(a) The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If such determination that the person is a sexually violent predator is made by a jury, such determination shall be by unanimous verdict of such jury. Such determination may be appealed in the manner provided for civil cases in article 21 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto. If the court or jury determines that the person is a sexually violent predator, the person shall be committed to the custody of the secretary for aging and disability services for control, care and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large. Such control, care and treatment shall be provided at a facility operated by the Kansas department for aging and disability services.
(b) At all times, persons committed for control, care and treatment by the Kansas department for aging and disability services pursuant to the Kansas sexually violent predator act shall be kept in a secure facility and such persons shall be segregated on different units from any other patient under the supervision of the secretary for aging and disability services and commencing June 1, 1995, such persons committed pursuant to the Kansas sexually violent predator act shall be kept in a facility or building separate from any other patient under the supervision of the secretary. The secure confinement restriction shall not apply to any reintegration, transitional release or conditional release facility or building.
(c) The Kansas department for aging and disability services is authorized to enter into an interagency agreement with the department of corrections for the confinement of such persons. Such persons who are in the confinement of the secretary of corrections pursuant to an interagency agreement shall be housed and managed separately from offenders in the custody of the secretary of corrections, and except for occasional instances of supervised incidental contact, shall be segregated from such offenders.
(d) If any person while committed to the custody of the secretary pursuant to the Kansas sexually violent predator act shall be taken into custody by any law enforcement officer as defined in K.S.A. 21-5111, and amendments thereto, pursuant to any parole revocation proceeding or any arrest or conviction for a criminal offense of any nature, upon the person's release from the custody of any law enforcement officer, the person shall be returned to the custody of the secretary for further treatment pursuant to the Kansas sexually violent predator act. During any such period of time a person is not in the actual custody or supervision of the secretary, the secretary shall be excused from the provisions of K.S.A. 59-29a08, and amendments thereto, with regard to providing that person an annual examination, annual notice and annual report to the court, except that the secretary shall give notice to the court as soon as reasonably possible after the taking of the person into custody that the person is no longer in treatment pursuant to the Kansas sexually violent predator act and notice to the court when the person is returned to the custody of the secretary for further treatment.
(e) If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall direct the person's release.
(f) Upon a mistrial, the court shall direct that the person be held at an appropriate secure facility, including, but not limited to, a county jail, until another trial is conducted. Any subsequent trial following a mistrial shall be held within 90 days of the previous trial, unless such subsequent trial is continued as provided in K.S.A. 59-29a06, and amendments thereto.
(g) If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released pursuant to K.S.A. 22-3305, and amendments thereto, and such person's commitment is sought pursuant to subsection (a), the court shall first hear evidence and determine whether the person did commit the act or acts charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases shall apply and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, shall apply. After hearing evidence on this issue, the court shall make specific findings on whether the person did commit the act or acts charged, the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on such person's own behalf, the extent to which the evidence could be reconstructed without the assistance of the person and the strength of the prosecution's case. If after the conclusion of the hearing on this issue, the court finds, beyond a reasonable doubt, that the person did commit the act or acts charged, the court shall enter a final order, appealable by the person, on that issue and may proceed to consider whether the person should be committed pursuant to this section.
History: L. 1994, ch. 316, § 7; L. 1995, ch. 193, § 6; L. 1999, ch. 140, § 5; L. 2003, ch. 152, § 4; L. 2006, ch. 214, § 12; L. 2011, ch. 30, § 211; L. 2014, ch. 115, § 215; L. 2015, ch. 95, § 7; L. 2018, ch. 94, § 2; July 1.
(a) Each person committed under the Kansas sexually violent predator act shall have a current examination of the person's mental condition made once every year. The secretary shall provide the person with an annual written notice of the person's right to petition the court for release over the secretary's objection. The notice shall contain a waiver of rights. The secretary shall also forward the annual report, as well as the annual notice and waiver form, to the court that committed the person under the Kansas sexually violent predator act. The court shall file the notice and the report upon receipt and forward the file-stamped copy to the attorney general. The attorney general shall forward a file-stamped copy of the annual written notice and annual report to the secretary upon receipt.
(b) The person must file a request for an annual review hearing within 45 days after the date the court files the annual written notice. Failure to request a hearing within 45 days pursuant to this subsection waives the person's right to a hearing until the next annual report is filed by the court. A contested annual review hearing for transitional release shall consist of consideration about whether the person is entitled to transitional release. Only a person in transitional release shall be permitted to petition for conditional release. Only a person in conditional release shall be permitted to petition for final discharge after a minimum of five years has passed in which the person has been free of violations of conditions of such person's treatment plan, as provided in K.S.A. 59-29a19(e), and amendments thereto.
(c) The person may retain, or if the person is indigent and so requests the court may appoint, an examiner pursuant to K.S.A. 60-235, and amendments thereto, and the examiner shall have access to all available records concerning the person. If the person is indigent and makes a request for an examiner, the court shall determine whether the services are necessary and shall determine the reasonable compensation for such services. The court, before appointing an examiner, shall consider factors including the person's compliance with institutional requirements and the person's participation in treatment to determine whether the person's progress justifies the costs of an examination. The appointment of an examiner is discretionary.
(d) At the annual review hearing, the burden of proof shall be upon the person to show probable cause to believe the person's mental abnormality or personality disorder has significantly changed so that the person is safe to be placed in transitional release. The report, or a copy thereof, of the findings of a qualified expert shall be admissible into evidence in the annual review hearing in the same manner and with the same force and effect as if the qualified expert had testified in person. If the person does not participate in the prescribed treatment plan, the person is presumed to be unable to show probable cause to believe the person is safe to be released.
(e) The person shall have a right to have an attorney represent the person at the annual review hearing to determine probable cause, but the person is not entitled to be present at the hearing.
(f) If the person does not file a petition requesting a hearing pursuant to subsection (b), the court that committed the person under the Kansas sexually violent predator act shall then conduct an in camera annual review of the status of the person's mental condition and determine whether the person's mental abnormality or personality disorder has significantly changed so that an annual review hearing is warranted. The court shall enter an order reflecting its determination.
(g) If the court at the annual review hearing determines that probable cause exists to believe that the person's mental abnormality or personality disorder has significantly changed so that the person is safe to be placed in transitional release, then the court shall set a hearing for transitional release on the issue. The person shall be entitled to be present and entitled to the assistance of counsel. The attorney general shall represent the state and shall have a right to have the person evaluated by experts chosen by the state. The person shall also have the right to have experts evaluate the person on the person's behalf and the court shall appoint an expert if the person is indigent and requests an appointment. The burden of proof at the hearing for transitional release shall be upon the state to prove beyond a reasonable doubt that the person's mental abnormality or personality disorder remains such that the person is not safe to be placed in transitional release and if transitionally released is likely to engage in repeat acts of sexual violence.
(h) If, after the hearing for transitional release, the court is convinced beyond a reasonable doubt that the person is not appropriate for transitional release, the court shall order that the person remain in secure commitment. Otherwise, the court shall order that the person be placed in transitional release.
(i) If the court determines that the person should be placed in transitional release, the secretary shall transfer the person to the transitional release program. The secretary may contract for services to be provided in the transitional release program. During any period the person is in transitional release, that person shall comply with any rules or regulations the secretary may establish for this program and every directive of the treatment staff of the transitional release program.
(j) At any time during which the person is in the transitional release program and the treatment staff determines that the person has violated any rule, regulation or directive associated with the transitional release program, the treatment staff may remove the person from the transitional release program and return the person to the secure commitment facility, or may request the district court to issue an emergency ex parte order directing any law enforcement officer to take the person into custody and return the person to the secure commitment facility. Any such request may be made verbally or by telephone, but shall be followed in written, facsimile or electronic form delivered to the court by not later than 5:00 p.m. of the first day the district court is open for the transaction of business after the verbal or telephonic request was made.
(k) Upon the person being returned to the secure commitment facility from the transitional release program, notice thereof shall be given by the secretary to the court. The court shall set the matter for a hearing within two working days of receipt of notice of the person's having been returned to the secure commitment facility and cause notice thereof to be given to the attorney general, the person and the secretary. The attorney general shall have the burden of proof to show probable cause that the person violated conditions of transitional release. The hearing shall be to the court. At the conclusion of the hearing the court shall issue an order returning the person to the secure commitment facility or to the transitional release program, and may order such other further conditions with which the person must comply if the person is returned to the transitional release program.
(l) For the purposes of this section, if the person is indigent and without counsel, the court shall appoint counsel to assist such person.
History: L. 1994, ch. 316, § 8; L. 1995, ch. 193, § 7; L. 1998, ch. 198, § 4; L. 2003, ch. 152, § 5; L. 2007, ch. 170, § 5; L. 2010, ch. 5, § 5; L. 2015, ch. 95, § 8; L. 2017, ch. 83, § 1; L. 2018, ch. 94, § 3; July 1.
The involuntary detention or commitment of persons under this act shall conform to constitutional requirements for care and treatment.
History: L. 1994, ch. 316, § 9; May 19.
(a) (1) If the secretary determines that the person's mental abnormality or personality disorder has significantly changed so that the person is not likely to engage in repeat acts of sexual violence if placed in transitional release, the secretary shall authorize the person to petition the court for transitional release. The petition shall be served upon the court and the attorney general. The court, upon service of the petition for transitional release, shall issue notice of a hearing to be scheduled within 30 days. The attorney general shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of the attorney general's choice. The burden of proof shall be upon the attorney general to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and that if placed in transitional release is likely to engage in repeat acts of sexual violence.
(2) If, after the hearing, the court is convinced beyond a reasonable doubt that the person is not sufficiently safe to warrant transitional release, the court shall order that the person remain in secure commitment. Otherwise, the court shall order that the person be placed in transitional release.
(3) The provisions of K.S.A. 59-29a08(i), (j) and (k), and amendments thereto, shall apply to a transitional release pursuant to this section.
(b) (1) If the secretary determines that the person's mental abnormality or personality disorder has significantly changed so that the person is not likely to engage in repeat acts of sexual violence if placed in conditional release, the secretary shall authorize the person to petition the court for conditional release. The petition shall be served upon the court and the attorney general. The court, upon service of the petition for conditional release, shall issue notice of a hearing to be scheduled within 30 days. The attorney general shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of the attorney general's choice. The burden of proof shall be upon the attorney general to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and that if placed in conditional release is likely to engage in repeat acts of sexual violence.
(2) If, after the hearing, the court is convinced beyond a reasonable doubt that the person is not sufficiently safe to warrant conditional release, the court shall order that the person remain either in secure commitment or in transitional release. Otherwise, the court shall order that the person be placed in conditional release.
(3) The provisions of K.S.A. 59-29a18(h) and 59-29a19(a), (d) and (e), and amendments thereto, shall apply to a conditional release pursuant to this section.
History: L. 1994, ch. 316, § 10; L. 1995, ch. 193, § 8; L. 1998, ch. 198, § 5; L. 2003, ch. 152, § 6; L. 2015, ch. 95, § 9; L. 2017, ch. 83, § 2; July 1.
(a) If a person has previously filed a petition for transitional release, conditional release or final discharge without the secretary for aging and disability services approval and the court determined either upon review of the petition or following a hearing, that the person's petition was frivolous or that the person's condition had not significantly changed so that it is safe for the person to be at large, then the court shall deny the subsequent petition, unless the petition contains facts upon which a court could find the condition of the petitioner had significantly changed so that a hearing was warranted. Upon receipt of a first or subsequent petition from committed persons without the secretary's approval, the court shall endeavor whenever possible to review the petition and determine if the petition is based upon frivolous grounds and if so shall deny the petition without a hearing.
(b) No transitional release or conditional release facility or building shall be located within 2,000 feet of a licensed child care facility, an established place of worship, any residence in which a child under 18 years of age resides, or the real property of any school upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any grades one through 12. This subsection shall not apply to any state institution or facility.
(c) Transitional release or conditional release facilities or buildings shall be subject to all regulations applicable to other property and buildings located in the zone or area that are imposed by any municipality through zoning ordinance, resolution or regulation, such municipality's building regulatory codes, subdivision regulations or other nondiscriminatory regulations.
(d) On and after July 1, 2015, the secretary for aging and disability services shall place no more than 16 sexually violent predators in any one county on transitional release.
(e) The secretary for aging and disability services shall submit an annual report to the governor and the legislature during the first week of the regular legislative session detailing activities related to the transitional release and conditional release of sexually violent predators. The report shall include the status of such predators who have been placed in transitional release or conditional release including the number of any such predators and their locations; information regarding the number of predators who have been returned to the sexually violent predator treatment program at Larned state hospital along with the reasons for such return; and any plans for the development of additional transitional release or conditional release facilities.
History: L. 1994, ch. 316, § 11; L. 1998, ch. 198, § 6; L. 2006, ch. 214, § 13; L. 2009, ch. 84, § 2; L. 2010, ch. 161, § 3; L. 2014, ch. 115, § 216; L. 2015, ch. 95, § 10; L. 2018, ch. 94, § 4; July 1.
(a) For state budgetary purposes, the secretary shall be responsible for all cost relating to the evaluation and treatment of persons committed to the secretary's custody under any provision of this act. Payment for the maintenance, care and treatment of any such committed person shall be paid by the person, by the conservator of such person's estate or by any person bound by law to support such person. Reimbursement may be obtained by the secretary for the cost of care and treatment, including placement in transitional release, of persons committed to the secretary's custody pursuant to K.S.A. 59-2006, and amendments thereto.
(b) When a court orders a person committed to the secretary's custody under any provision of this act to appear at a court proceeding, the county where such court is located shall be responsible for the transportation, security and control of such person and all costs involved. The secretary shall not be required to provide an employee to travel with the committed person.
(c) Except as provided further, when a court proceeding is initiated by the committed person, such person shall be responsible for making all arrangements concerning the transportation, security and control of such person and all costs involved. The secretary shall review and approve all arrangements prior to the court proceeding. The secretary may deny the arrangements if such arrangements fail to meet security standards. The provisions of this subsection shall not apply to a hearing pursuant to K.S.A. 59-29a08, and amendments thereto.
(d) The secretary shall adopt rules and regulations to implement this section.
History: L. 1994, ch. 316, § 12; L. 1998, ch. 198, § 7; L. 2007, ch. 170, § 6; July 1.
In addition to any other information required to be released under this act, prior to the release of a person committed under this act, the secretary shall give written notice of such placement or release to any victim of the person's activities or crime who is alive and whose address is known to the secretary. Failure to notify shall not be a reason for postponement of release. Nothing in this section shall create a cause of action against the state or an employee of the state acting within the scope of the employee's employment as a result of the failure to notify pursuant to this action.
History: L. 1994, ch. 316, § 13; L. 1998, ch. 198, § 8; July 1.
(a) The county or district attorney shall file a special allegation of sexual motivation within 14 days after arraignment in every criminal case other than sex offenses as defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6422, and amendments thereto, when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact finder.
(b) In a criminal case wherein there has been a special allegation, the state shall prove beyond a reasonable doubt that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or not a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury, if it finds the defendant guilty, also shall find a special verdict as to whether or not the defendant committed the crime with a sexual motivation. This finding shall not be applied to sex offenses as defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6422, and amendments thereto.
(c) The county or district attorney shall not withdraw the special allegation of sexual motivation without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss this special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.
History: L. 1994, ch. 316, § 14; L. 2010, ch. 135, § 61; L. 2011, ch. 30, § 212; L. 2015, ch. 94, § 19; July 1.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.
History: L. 1994, ch. 316, § 15; May 19.
In order to protect the public, relevant information and records which are otherwise confidential or privileged shall be released to the agency with jurisdiction or the attorney general for the purpose of meeting the notice requirement provided in K.S.A. 59-29a03 and amendments thereto and determining whether a person is or continues to be a sexually violent predator. The provisions of this section shall be part of and supplemental to the provisions of K.S.A. 59-29a01 through 59-29a15 and amendments thereto.
History: L. 1995, ch. 193, § 9; May 4.
Any psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records or victim impact statements which have been submitted to the court or admitted into evidence under this act shall be part of the record but shall be sealed and opened only on order of the court or as provided in K.S.A. 59-29a01 et seq. and amendments thereto. The provisions of this section shall be part of and supplemental to the provisions of K.S.A. 59-29a01 through 59-29a15 and amendments thereto.
History: L. 1995, ch. 193, § 10; May 4.
(a) During any period the person is in transitional release, the person committed under this act at least annually, and at any other time deemed appropriate by the treatment staff, shall be examined by the treatment staff to determine if the person's mental abnormality or personality disorder has significantly changed so as to warrant such person being considered for conditional release. The secretary shall provide the person with a written notice of the person's right to petition the court for release over the secretary's objection. The notice shall contain a waiver of rights. The secretary shall also forward the report, as well as the notice and waiver form, to the court that committed the person under the Kansas sexually violent predator act. The court shall file the notice and the report upon receipt.
(b) The person must file a request for an annual review hearing within 45 days after the date the court files the annual written notice pursuant to subsection (a). Failure to request a hearing within 45 days pursuant to this subsection shall waive the person's right to a hearing until the next annual report is filed by the court. A contested annual review hearing for conditional release shall consist of consideration about whether the person is entitled to conditional release from transitional release. Only a person in transitional release shall be permitted to petition for conditional release. No person in transitional release shall be permitted to petition for final discharge.
(c) The person may retain, or if the person is indigent and so requests, the court may appoint, an examiner pursuant to K.S.A. 60-235, and amendments thereto, and the examiner shall have access to all available records concerning the person. If the person is indigent and makes a request for an examiner, the court shall determine whether the services are necessary and shall determine the reasonable compensation for such services. The court, before appointing an examiner, shall consider factors including the person's compliance with institutional requirements and the person's participation in treatment to determine whether the person's progress justifies the costs of an examination. The appointment of an examiner is discretionary.
(d) At the annual review hearing, the burden of proof shall be upon the person to show probable cause to believe the person's mental abnormality or personality disorder has significantly changed so that the person is safe to be placed in conditional release. The report, or a copy thereof, of the findings of a qualified expert shall be admissible into evidence in the annual review hearing in the same manner and with the same force and effect as if the qualified expert had testified in person. If the person does not participate in the prescribed treatment plan, the person is presumed to be unable to show probable cause to believe the person is safe to be released.
(e) The person shall have a right to have an attorney represent the person at the annual review hearing to determine probable cause, but the person is not entitled to be present at the hearing.
(f) If the person does not file a petition requesting a hearing pursuant to subsection (b), the court that committed the person under the Kansas sexually violent predator act shall then conduct an in camera annual review of the status of the person's mental condition and determine whether the person's mental abnormality or personality disorder has significantly changed so that an annual review hearing is warranted. The court shall enter an order reflecting its determination.
(g) If the court at the annual review hearing determines that probable cause exists to believe that the person's mental abnormality or personality disorder has significantly changed so that the person is safe to be placed in conditional release, then the court shall set a hearing for conditional release on the issue. The person shall be entitled to be present and entitled to the assistance of counsel. The attorney general shall represent the state and shall have a right to have the person evaluated by experts chosen by the state. The person shall also have the right to have experts evaluate the person on the person's behalf and the court shall appoint an expert if the person is indigent and requests an appointment. The burden of proof at the hearing for conditional release shall be upon the state to prove beyond a reasonable doubt that the person's mental abnormality or personality disorder remains such that the person is not safe to be placed in conditional release and if conditionally released is likely to engage in repeat acts of sexual violence.
(h) If, after the hearing for conditional release, the court is convinced beyond a reasonable doubt that the person is not appropriate for conditional release, the court shall order that the person remain either in secure commitment or in transitional release. Otherwise, the court shall order that the person be placed on conditional release.
(i) Subsequent to either a court review or a hearing, the court shall issue an appropriate order with findings of fact. The order of the court shall be provided to the attorney general, the person and the secretary.
(j) For the purposes of this section, if the person is indigent and without counsel, the court shall appoint counsel to assist such person.
History: L. 1998, ch. 198, § 1; L. 1999, ch. 140, § 6; Revived, L. 2016, ch. 64, § 4; L. 2017, ch. 83, § 3; July 1.
(a) If the court determines that the person should be placed on conditional release, the court, based upon the recommendation of the treatment staff and progress review panel, shall establish a plan of treatment which the person shall be ordered to follow. This plan of treatment may include, but shall not be limited to: Provisions as to where the person shall reside and with whom, taking prescribed medications, attending individual and group counseling and any other type of treatment, maintaining employment, having no contact with children, having no direct contact with individuals that match the person's victim template, travel restrictions, searches, home visits, substance abuse testing and registration requirements. Upon a showing by the person that the person accepts the plan of treatment and is prepared to follow it, the court shall release the person from the transitional release program.
(b) The conditional release monitor shall monitor the person's compliance with the plan of treatment ordered by the court while on conditional release. The conditional release monitor shall report the person's progress on conditional release to the court. At any time during which the person is on conditional release and the conditional release monitor determines that the person has violated any material condition of the plan, the conditional release monitor may request the district court to issue an emergency ex parte order directing any law enforcement officer to take the person into custody and return the person to the secure commitment facility. Any such request shall be made by sworn affidavit setting forth with specificity the grounds for the entry of such emergency ex parte order provided to the court by personal deliver*, telefacsimile communication or electronic means prior to the entry of such order and notice of such request shall be given to the person's counsel, or if the person is unrepresented, to the person.
(c) A current examination of the person's mental condition shall be made in accordance with K.S.A. 59-29a08, and amendments thereto, and submitted to the court and the secretary once each year.
(d) Upon the person being returned to the secure commitment facility from conditional release, notice shall be given by the secretary to the court. The court shall set the matter for a hearing within two working days of receipt of notice of the person's having been returned to the secure commitment facility and cause notice to be given to the attorney general, the person and the secretary. The attorney general shall have the burden of proof to show probable cause that the person violated conditions of conditional release. The hearing shall be to the court. At the conclusion of the hearing, the court shall issue an order returning the person to the secure commitment facility, to transitional release, or to conditional release, and may order such other further conditions with which the person must comply if the person is returned to either transitional release or conditional release.
(e) After a minimum of five years has passed in which the person has been free of violations of conditions of such person's treatment plan, the treatment staff, or other treatment providers directed by the court, may examine such person to determine if the person's mental abnormality or personality disorder has significantly changed so as to warrant such person being considered for final discharge. The individual preparing the report shall forward the report to the court. The court shall review the same. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be entitled to final discharge, the court shall set a formal hearing on the issue. The attorney general shall have the burden of proof to show beyond a reasonable doubt that the person's mental abnormality or personality disorder remains such that such person is not appropriate for final discharge. The person shall have the same rights as enumerated in K.S.A. 59-29a06, and amendments thereto. Subsequent to either a court review or a hearing, the court shall issue an appropriate order with findings of fact. The order of the court shall be provided to the attorney general, the person and the secretary.
(f) If, after a hearing, the court is convinced beyond a reasonable doubt that the person is not appropriate for final discharge, the court shall continue custody of the person with the secretary for placement in a secure facility, or on transitional or conditional release. Otherwise, the court shall order the person finally discharged. In the event the court does not order final discharge of the person, the person still retains the right to annual reviews.
(g) The final discharge shall not prevent the person from being prosecuted for any criminal acts which the person is alleged to have committed or from being subject in the future to a subsequent commitment under this act.
History: L. 1998, ch. 198, § 2; L. 1999, ch. 140, § 7; L. 2010, ch. 5, § 6; L. 2018, ch. 94, § 5; July 1.
Any person for whom a petition pursuant to this act has been filed and is in the secure confinement of the state shall not be eligible for bail, bond, house arrest or any other measures releasing the person from the physical protective custody of the state, notwithstanding the provisions of K.S.A. 59-29a10 and amendments thereto.
History: L. 1999, ch. 140, § 8; July 1.
If any provision of this act* or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.
History: L. 2003, ch. 152, § 7; July 1.
(a) As used in this section:
(1) "Person" means any individual:
(A) Who is receiving services for mental illness and who is admitted, detained, committed, transferred or placed in the custody of the secretary for aging and disability services under the authority of K.S.A. 22-3219, 22-3302, 22-3303, 22-3428a, 22-3429, 22-3430, 59-29a05, 75-5209 and 76-1306, and amendments thereto.
(B) In the custody of the secretary for aging and disability services after being found a sexually violent predator pursuant to the Kansas sexually violent predator act, including any sexually violent predator placed on transitional release.
(2) "Restraints" means the application of any devices, other than human force alone, to any part of the body of the person for the purpose of preventing the person from causing injury to self or others.
(3) "Seclusion" means the placement of a person, alone, in a room, where the person's freedom to leave is restricted and where the person is not under continuous observation.
(4) "Emergency lockdown" means a safety measure used to isolate all or a designated number of persons greater than one to their rooms for a period necessary to ensure a safe and secure environment.
(5) "Individual person management plan" means a safety measure used to isolate an individual person when the person presents a safety or security risk that cannot be addressed through routine psychiatric methods.
(b) Each person shall have the following statutory rights:
(1) Upon admission or commitment, to be informed orally and in writing of the person's rights under this section. Copies of this section shall be posted conspicuously in each facility, and shall be available to the person's guardian and immediate family.
(2) To refuse to perform labor which is of financial benefit to the facility in which the person is receiving treatment or service. Privileges or release from the facility may not be conditioned upon the performance of any labor which is regulated by this subsection. Tasks of a personal housekeeping nature are not considered compensable labor. A person may voluntarily engage in therapeutic labor which is of financial benefit to the facility if such labor is compensated in accordance with a plan approved by the department and if:
(A) The labor is an integrated part of the person's treatment plan;
(B) the labor is supervised by a staff member who is qualified to oversee the therapeutic aspects of the activity;
(C) the person has given written informed consent to engage in such labor and has been informed that such consent may be withdrawn at any time; and
(D) the labor involved is evaluated for its appropriateness by the staff of the facility at least once every 180 days.
(3) To receive adequate treatment appropriate for such person's condition.
(4) To be informed of such person's treatment and care and to participate in the planning of such treatment and care.
(5) To refuse to consent to the administration of any medication prescribed for medical or psychiatric treatment, except in a situation in which the person is in a mental health crisis and less restrictive or intrusive measures have proven to be inadequate or clinically inappropriate. Treatment for a mental health crisis shall include medication or treatment necessary to prevent serious physical harm to the person or to others. After full explanation of the benefits and risks of such medication, the medication may be administered over the person's objection, except that the objection shall be recorded in the person's medical record and at the same time written notice thereof shall be forwarded to the medical director of the treatment facility or the director's designee. Within five days after receiving such notice, excluding Saturdays, Sundays and legal holidays, the medical director or designee shall deliver to the person's medical provider the medical director's or designee's written decision concerning the administration of that medication, and a copy of that decision shall be placed in the person's medical record.
(A) Medication may not be used as punishment, for the convenience of staff, as a substitute for a treatment program or in quantities that interfere with a person's treatment program.
(B) A person will have the right to have explained the nature of all medications prescribed, the reason for the prescription and the most common side effects and, if requested, the nature of any other treatments ordered.
(6) To be subjected to restraint, seclusion, emergency lockdown, individual person management plan, or any combination thereof, only as provided in this subsection.
(A) Restraints, seclusion, or both, may be used in the following circumstances:
(i) If it is determined by medical staff to be necessary to prevent immediate substantial bodily injury to the person or others and that other alternative methods to prevent such injury are not sufficient to accomplish this purpose. When used, the extent of the restraint or seclusion applied to the person shall be the least restrictive measure necessary to prevent such injury to the person or others, and the use of restraint or seclusion in a treatment facility shall not exceed three hours without medical reevaluation. When restraints or seclusion are applied, there shall be monitoring of the person's condition at a frequency determined by the treating physician or licensed psychologist, which shall be no less than once per each 30 minutes. The superintendent of the treatment facility or a physician or licensed psychologist shall sign a statement explaining the treatment necessity for the use of any restraint or seclusion and shall make such statement a part of the permanent treatment record of the person.
(ii) For security reasons during transport to or from the person's unit, including, but not limited to, transport to another treatment or health care facility, another secure facility or court. Any person committed or transferred to a hospital or other health care facility for medical care may be isolated for security reasons within a locked area.
(B) Emergency lockdown may be used in the following circumstances:
(i) When necessary as an emergency measure as needed for security purposes, to deal with an escape or attempted escape, the discovery of a dangerous weapon or explosive device in the unit or facility or the receipt of reliable information that a dangerous weapon or explosive device is in the unit or facility, to prevent or control a riot or the taking of a hostage or for the discovery of contraband or a unit-wide search. An emergency lockdown order may be authorized only by the superintendent of the facility or the superintendent's designee.
(ii) During a period of emergency lockdown, the status of each person shall be reviewed every 30 minutes to ensure the safety of the person, and each person who is locked in a room without a toilet shall be given an opportunity to use a toilet at least once every hour, or more frequently if medically indicated.
(iii) The facility shall have a written policy covering the use of emergency lockdown that ensures the safety of the individual is secured and that there is regular, frequent monitoring by trained staff to care for bodily needs as may be required.
(iv) An emergency lockdown order may only be in effect for the period of time needed to preserve order while dealing with the situation and may not be used as a substitute for adequate staffing.
(C) Individual person management plan may be used in any of the following situations:
(i) As needed when a person demonstrates or threatens substantial injury to others, and routine psychiatric methods have been ineffective or are unlikely to be effective in reducing such risk.
(ii) As needed for safety or security purposes, for the behavioral management in situations including, but not limited to:
(a) Dealing with an escape or attempted escape;
(b) the discovery of a dangerous weapon or explosive device in the unit or facility or the receipt of reliable information that a dangerous weapon or explosive device is in the unit or facility;
(c) preventing or controlling a riot;
(d) the taking of a hostage;
(e) the disruption of the therapeutic environment on the unit; or
(f) for the discovery of contraband.
(iii) The status of the person shall be reviewed every 30 minutes to ensure the safety of the person.
(D) Restraint, seclusion, emergency lockdown, individual person management plan, or any combination thereof, may be used in any other situation deemed necessary by treatment staff for the safety of a person or persons, facility staff or visitors. In all situations, restraint, seclusion, emergency lockdown, or individual person management plan shall never be used as a punishment or for the convenience of staff.
(E) A person may be locked or restricted in such person's room during the night shift if such person resides in a unit in which each room is equipped with a toilet and sink or, if a person does not have a toilet in the room, if such person is given an opportunity to use a toilet at least once every hour, or more frequently if medically indicated.
(7) To not be subject to such procedures as psychosurgery, electroshock therapy, experimental medication, aversion therapy or hazardous treatment procedures without the written consent of the person or the written consent of a parent or legal guardian, if such person is a minor or has a legal guardian provided that the guardian has obtained authority to consent to such from the court which has venue over the guardianship following a hearing held for that purpose.
(8) To individual religious worship within the facility if the person desires such an opportunity, as long as it complies with applicable laws and facility rules and policies. The provisions for worship shall be available to all persons on a nondiscriminatory basis. No individual may be coerced into engaging in any religious activities.
(9) To a humane psychological and physical environment within the hospital facilities. All facilities shall be designed to afford patients with comfort and safety, to promote dignity and ensure privacy. Facilities shall also be designed to make a positive contribution to the effective attainment of the treatment goals of the hospital.
(10) To confidentiality of all treatment records and, as permitted by other applicable state or federal laws, to inspect and, upon receipt of payment of reasonable costs, to receive a copy of such records. The head of any treatment facility or designee who has the records may refuse to disclose portions of such records if the head of the treatment facility or designee states in writing that such disclosure will likely be injurious to the welfare of the person.
(11) Except as otherwise provided, to not be filmed or taped, unless the person signs an informed and voluntary consent that specifically authorizes a named individual or group to film or tape the person for a particular purpose or project during a specified time period. The person may specify in such consent periods during which, or situations in which, the person may not be filmed or taped. If a person is legally incompetent, such consent shall be granted on behalf of the person by the person's guardian. A person may be filmed or taped for security purposes without the person's consent.
(12) To be informed in writing upon or at a reasonable time after admission, of any liability that the patient or any of the patient's relatives may have for the cost of the patient's care and treatment and of the right to receive information about charges for care and treatment services.
(13) To be treated with respect and recognition of the patient's dignity and individuality by all employees of the treatment facility.
(14) To send and receive sealed mail to or from legal counsel, the courts, the secretary for aging and disability services, the superintendent of the treatment facility, the agency designated as the developmental disabilities protection and advocacy agency pursuant to P.L. 94-103, as amended, private physicians and licensed psychologists. A person who is indigent may have reasonable access to letter-writing materials.
(15) To send and receive mail with reasonable limitations. A person's mail is subject to physical examination and inspection for contraband, as defined by facility rules and policies.
(A) An officer or employee of the facility at which the person is placed may delay delivery of the mail to the person for a reasonable period of time to verify whether the mail contains contraband, as defined by facility rules and policies, or whether the person named as the sender actually sent the mail. If contraband is found, such contraband may be returned to the sender or confiscated by the facility. If the officer or staff member cannot determine whether the person named as the sender actually sent the mail, the officer or staff member may return the mail to the sender along with notice of the facility mail policy.
(B) The superintendent of the facility or the superintendent's designee may, in accordance with the standards and the procedure under subsection (c), authorize a member of the facility treatment staff to read the mail, if the superintendent or the superintendent's designee has reason to believe that the mail could pose a threat to security at the facility or seriously interfere with the treatment, rights, or safety of the person or others.
(C) A person may not receive through the mail any sexually explicit materials, items that are considered contraband, as defined by facility rules and policies, or items deemed to jeopardize the person's individual treatment, another person's treatment or the therapeutic environment of the facility.
(16) Reasonable access to a telephone to make and receive telephone calls within reasonable limits.
(17) To wear and use such person's own clothing and toilet articles, as long as such wear and use complies with facility rules and policies, or to be furnished with an adequate allowance of clothes if none are available.
(18) To possess personal property in a reasonable amount, as long as the property complies with state laws and facility rules and policies, and be provided a reasonable amount of individual storage space pursuant to facility rules and policies. In no event shall a person be allowed to possess or store contraband.
(19) Reasonable protection of privacy in such matters as toileting and bathing.
(20) To see a reasonable number of visitors who do not pose a threat to the safety and security or therapeutic climate of the person, other persons, visitors or the facility.
(21) To present grievances under the procedures established by each facility on the person's own behalf.
(22) To spend such person's money as such person chooses with reasonable limitations, except under the following circumstances: (A) When restricted by facility rules and policies; or (B) to the extent that authority over the money is held by another, including the parent of a minor, a court-appointed guardian of the person's estate or a representative payee. A treatment facility may, as a part of its security procedures, use a trust account in lieu of currency that is held by a person, and may establish reasonable policies governing account transactions.
(c) (1) A person's rights under subsections (b)(15) to (b)(22) may be denied for cause by the superintendent of the facility or the superintendent's designee, or when medically or therapeutically contraindicated as documented by the person's physician, licensed psychologist or licensed master's level psychologist in the person's treatment record. The individual shall be informed in writing of the grounds for withdrawal of the right and shall have the opportunity for a review of the withdrawal of the right in an informal hearing before the superintendent of the facility or the superintendent's designee. There shall be documentation of the grounds for withdrawal of rights in the person's treatment record.
(2) Notwithstanding subsection (c)(1), when the facility makes an administrative decision that applies equally to all persons and there is a legitimate governmental reason for the decision, notice of the decision is all that is required.
(d) The secretary for aging and disability services shall establish procedures to assure protection of persons' rights guaranteed under this section.
(e) No person may intentionally retaliate or discriminate against any person or employee for contacting or providing information to any state official or to an employee of any state protection and advocacy agency, or for initiating, participating in, or testifying in a grievance procedure or in an action for any remedy authorized under this section.
(f) (1) Proceedings under this section or any other appeal concerning an action by the Kansas department for aging and disability services shall be governed under the Kansas administrative procedure act and the Kansas judicial review act. A person appealing any alleged violations of this section or any other agency determination shall exhaust all administrative remedies available through the Larned state hospital, including the sexual predator treatment program, before having any right to request a hearing under the Kansas administrative procedure act.
(2) A final agency determination shall include notice of the right to appeal such determination only to the office of administrative hearings. Within 30 days after service of a final agency determination and the notice of right to appeal, the appellant may file a request for hearing in writing with the office of administrative hearings for a review of that determination. Any request for hearing must be accompanied by a copy of the final agency determination, including all documentation submitted through Larned state hospital and all agency responses. Failure to timely request a hearing constitutes a waiver of the right to any review. The request shall be examined by the presiding officer assigned. If the appellant seeks to challenge the final agency determination on any grounds other than material facts in controversy or agency violation of a relevant rule, regulation or statute, the appellant shall express such allegations with particularity within the request for hearing. If it plainly appears from the face of the request and accompanying final agency determination that the appellant failed to state a claim on which relief could be granted, or the appellant failed to demonstrate exhaustion, the request shall be dismissed. The burden shall be on the appellant to prove by a preponderance of the evidence that the agency action violated a specific rule, regulation or statute. If the request for hearing does not allege a violation of a specific rule, regulation or statute, the burden shall be on the appellant to prove by a preponderance of the evidence that the agency had no legitimate government interest in taking such action. Any dispositive ruling of the hearing officer assigned by the office of administrative hearings shall be deemed an initial order under the Kansas administrative procedure act.
(3) The person shall participate by telephone or other electronic means at any hearing before the office of administrative hearings or any proceeding under the Kansas judicial review act, unless the presiding officer or court determines that the interests of justice require an in-person proceeding. Notwithstanding K.S.A. 77-609, and amendments thereto, if an in-person proceeding is necessary, such proceeding shall be conducted at the place where the person is committed.
(4) Except as otherwise provided in the Kansas sexually violent predator act and notwithstanding K.S.A. 77-609, and amendments thereto, venue shall be in Pawnee county, Kansas, for all proceedings brought pursuant to the Kansas judicial review act.
History: L. 2007, ch. 170, § 1; L. 2014, ch. 115, § 217; L. 2015, ch. 95, § 11; L. 2018, ch. 94, § 6; July 1.
(a) Whenever a person civilly committed pursuant to the Kansas sexually violent predator act files any civil action relating to such commitment, including, but not limited to, an action pursuant to K.S.A. 60-1501 et seq., and amendments thereto, the costs incurred, including, but not limited to, the filing fee, costs of appointed counsel fees and expenses, witness fees and expenses, expert fees and expenses and other expenses related to the prosecution and defense of such petition, shall be taxed to the civilly committed person bringing the action.
(b) (1) Subject to subsection (c), any court may authorize the commencement of any civil action, or appeal therein, without prepayment of fees or security therefor, by a civilly committed person who submits an affidavit that includes a statement of all assets that such person possesses and a statement that such person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the civil action or appeal and the affiant's belief that the person is entitled to redress.
(2) A civilly committed person seeking to bring a civil action, or appeal therein, without prepayment of fees or security therefor, in addition to filing the affidavit required by subsection (b)(1), shall submit a certified copy of the trust fund account statement, or institutional equivalent, for such person for the six-month period immediately preceding the filing of the action or notice of appeal, obtained from the appropriate official of each facility at which such person is or was committed. In addition, such person shall submit a certified copy of all private banking account and investment account statements for the six-month period immediately preceding the filing of the action or notice of appeal for which the person is the account owner or beneficiary.
(3) If the court determines, based on the affidavit and information provided pursuant to this subsection, that the person is indigent, the costs incurred shall be taxed to the county responsible for the costs.
(4) Any district court receiving a statement of costs from another district court shall forthwith approve the same for payment out of the general fund of its county, except that it may refuse to approve the same for payment only on the ground that it is not the county responsible for the costs. If the claim for costs is not paid within 120 days, an action may be maintained thereon by the claimant county in the district court of the claimant county against the debtor county.
(5) The county responsible for the costs incurred pursuant to this subsection shall be reimbursed for such costs by the office of the attorney general from the sexually violent predator expense fund. The attorney general shall develop and implement a procedure to provide such reimbursements. If there are no moneys available in such fund to pay any such reimbursements, the county may file a claim against the state pursuant to article 9 of chapter 46, of the Kansas Statutes Annotated, and amendments thereto.
(6) An appeal may not be taken in forma pauperis if the trial court certifies in writing that such appeal is not taken in good faith.
(c) (1) Notwithstanding subsection (b), if a civilly committed person brings a civil action or files an appeal in forma pauperis, such person shall be required to pay the full amount of a filing fee. The court shall assess and, when funds exist, collect as a partial payment of any court fees required by law, an initial partial filing fee of 20% of the greater of:
(A) The average monthly deposits to the civilly committed person's trust account, or institutional equivalent; or
(B) the average monthly balance in the civilly committed person's trust account, or institutional equivalent, for the six-month period immediately preceding the filing of the action or notice of appeal.
(2) After payment of the initial partial filing fee, the civilly committed person shall be required to make monthly payments of 20% of the preceding month's income credited to the civilly committed person's account. The agency having custody of the civilly committed person shall forward payments from the civilly committed person's account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid. The clerk shall then forward the payments to the county responsible for the costs for reimbursement.
(3) In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action.
(4) In no event shall a civilly committed person be prohibited from bringing a civil action or appealing a civil action for the reason that such person has no assets and no means by which to pay the initial partial filing fee.
(d) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that:
(1) The allegation of poverty is untrue; or
(2) the action or appeal:
(A) Is frivolous or malicious;
(B) fails to state a claim on which relief may be granted; or
(C) seeks monetary relief against a defendant who is immune from such relief.
(e) (1) Judgment may be rendered for costs at the conclusion of the suit or action as in other proceedings.
(2) (A) If the judgment against a civilly committed person includes the payment of costs under this subsection, such person shall be required to pay the full amount of the costs ordered.
(B) The civilly committed person shall be required to make payments for costs under this subsection in the same manner provided for filing fees under subsection (c).
(C) In no event shall the costs collected exceed the amount of the costs ordered by the court.
(f) In no event shall a civilly committed person bring a civil action or appeal a judgment in a civil action or proceeding in forma pauperis if such person has, on three or more prior occasions, while confined in any facility, brought an action or appeal in a court of the state of Kansas or of the United States that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted, unless such person is under imminent danger of serious physical injury.
(g) As used in this section, "county responsible for the costs" means the county where the person was determined to be a sexually violent predator pursuant to the Kansas sexually violent predator act.
History: L. 2011, ch. 92, § 1; L. 2015, ch. 95, § 12; July 1.
Any person civilly committed pursuant to the Kansas sexually violent predator act, prior to filing any civil action, including, but not limited to, an action pursuant to K.S.A. 60-1501 et seq., and amendments thereto, naming as the defendant the state of Kansas, any political subdivision of the state of Kansas, any public official, the secretary for aging and disability services or an employee of the Kansas department for aging and disability services, while such employee is engaged in the performance of such employee's duty, shall be required to have exhausted all administrative remedies concerning such civil action. Upon filing a petition in a civil action, such person shall file with such petition proof that all administrative remedies have been exhausted.
History: L. 2012, ch. 90, § 1; L. 2015, ch. 95, § 13; July 1.
History: L. 2012, ch. 90, § 1; L. 2015, ch. 56, § 4; Repealed, L. 2016, ch. 68, § 2; July 1.
(a) Whenever there is current evidence since the last annual examination from an expert or professional person that an identified physiological change to the committed person, such as paralysis, stroke or dementia, renders the committed person unable to commit a sexually violent offense and that this change is permanent, the person may petition the court for a hearing to be released.
(b) If the court finds after a hearing that the person has demonstrated by clear and convincing evidence that the person suffers from a permanent physiological change rendering the person unable to commit a sexually violent offense, the court shall discharge the person from the program and notify the secretary. At the hearing, the person shall have the right to counsel. The state shall have the right to have the person examined before the hearing. The burden of proof shall be on the person to prove the physiological change is permanent and renders the person unable to commit a sexually violent offense.
(c) If the court finds the person has not suffered a permanent physiological change or is not safe, the person shall remain in secure commitment.
(d) This section shall be a part of and supplemental to the Kansas sexually violent predator act.
History: L. 2015, ch. 95, § 16; July 1.
(a) The cost of any post-commitment hearings, annual review hearings, including those provided by the office of administrative hearings, evaluations or other expenses expressly provided for in the Kansas sexually violent predator act shall be paid by the county responsible for the costs.
(b) The cost of any sexual predator treatment program administrative hearings involving K.S.A. 59-29a22, and amendments thereto, or other program decisions appealed to or received by the office of administrative hearings shall be paid by the county responsible for the costs.
(c) At the conclusion of any of the proceedings described in this section, the office of administrative hearings shall provide a statement to the county responsible for the costs. The county shall pay the office of administrative hearings within 60 days following the receipt of the bill or prior to the expiration of the fiscal year in which the costs were incurred, whichever occurs first.
(d) As used in this section, "county responsible for the costs" means the county where the person was determined to be a sexually violent predator pursuant to the Kansas sexually violent predator act.
(e) This section shall be a part of and supplemental to the Kansas sexually violent predator act.
History: L. 2015, ch. 95, § 17; July 1.
(a) (1) Whenever a person civilly committed pursuant to K.S.A. 59-29a07, and amendments thereto, is in the custody of a county law enforcement agency for a pending criminal proceeding, the costs incurred for the care and custody of such person by the county with custody of such person, including, but not limited to, reasonable costs of medical care and treatment, housing, food and transportation, shall be paid by such county.
(2) The secretary for aging and disability services shall reimburse such county from the Larned state hospital – SPTP new crimes reimbursement account of the state general fund for all costs that would have been paid from such account if such person had remained in the custody of the secretary for aging and disability services.
(b) (1) Whenever a person civilly committed pursuant to K.S.A. 59-29a07, and amendments thereto, commits a crime and is prosecuted for such crime, the costs incurred for such prosecution shall be paid by the county where such prosecution occurs.
(2) The secretary for aging and disability services shall reimburse such county from the Larned state hospital – SPTP new crimes reimbursement account of the state general fund for all reasonable costs incurred for such prosecution.
(c) If there are no moneys available in the Larned state hospital – SPTP new crimes reimbursement account of the state general fund to pay any reimbursements described in subsection (a) or (b), the county entitled to such reimbursement may file a claim against the state pursuant to article 9 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto.
(d) The secretary for aging and disability services shall develop and implement a procedure to provide the reimbursements described in subsections (a) and (b) on or before January 1, 2016.
(e) All expenditures pursuant to this section from the Larned state hospital – SPTP new crimes reimbursement account of the state general fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for aging and disability services or the secretary's designee.
History: L. 2015, ch. 95, § 18; July 1.
The provisions of K.S.A. 59-29b45 through 59-29b84 and amendments thereto shall be known and may be cited as the care and treatment act for persons with an alcohol or substance abuse problem.
History: L. 1998, ch. 134, § 1; July 1.
When used in the care and treatment act for persons with an alcohol or substance abuse problem:
(a) "Discharge" means the final and complete release from treatment, by either the head of a treatment facility acting pursuant to K.S.A. 59-29b50, and amendments thereto, or by an order of a court issued pursuant to K.S.A. 59-29b73, and amendments thereto.
(b) "Head of a treatment facility" means the administrative director of a treatment facility or such person's designee.
(c) "Law enforcement officer" means the same as defined in K.S.A. 22-2202, and amendments thereto.
(d) "Licensed addiction counselor" means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed by the behavioral sciences regulatory board. Such person shall engage in the practice of addiction counseling in a state-licensed or certified alcohol and other drug treatment program or while completing a Kansas domestic violence offender assessment for participants in a certified batterer intervention program pursuant to K.S.A. 75-7d01 through 75-7d13, and amendments thereto, unless otherwise exempt from licensure under subsection (n).
(e) "Licensed clinical addiction counselor" means a person who engages in the independent practice of addiction counseling and diagnosis and treatment of substance use disorders specified in the edition of the American psychiatric association's diagnostic and statistical manual of mental disorders (DSM) designated by the board by rules and regulations and is licensed by the behavioral sciences regulatory board.
(f) "Licensed master's addiction counselor" means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed under this act. Such person may diagnose substance use disorders only under the direction of a licensed clinical addiction counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of substance abuse disorders or mental disorders.
(g) "Other facility for care or treatment" means any mental health clinic, medical care facility, nursing home, the detox units at any state hospital, any physician or any other institution or individual authorized or licensed by law to give care or treatment to any person.
(h) "Patient" means a person who is a voluntary patient, a proposed patient or an involuntary patient.
(1) "Voluntary patient" means a person who is receiving treatment at a treatment facility pursuant to K.S.A. 59-29b49, and amendments thereto.
(2) "Proposed patient" means a person for whom a petition pursuant to K.S.A. 59-29b52 or 59-29b57, and amendments thereto, has been filed.
(3) "Involuntary patient" means a person who is receiving treatment under order of a court or a person admitted and detained by a treatment facility pursuant to an application filed pursuant to K.S.A. 59-29b54(b) or (c), and amendments thereto.
(i) "Person with an alcohol or substance abuse problem" means a person who: (1) Lacks self-control as to the use of alcoholic beverages or any substance as defined in subsection (m); or
(2) uses alcoholic beverages or any substance to the extent that the person's health may be substantially impaired or endangered without treatment.
(j) (1) "Person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment" means a person with an alcohol or substance abuse problem who also is incapacitated by alcohol or any substance and is likely to cause harm to self or others.
(2) "Incapacitated by alcohol or any substance" means that the person, as the result of the use of alcohol or any substance, has impaired judgment resulting in the person:
(A) Being incapable of realizing and making a rational decision with respect to the need for treatment; or
(B) lacking sufficient understanding or capability to make or communicate responsible decisions concerning either the person's well-being or estate.
(3) "Likely to cause harm to self or others" means that the person, by reason of the person's use of alcohol or any substance:
(A) Is likely, in the reasonably foreseeable future, to cause substantial physical injury or physical abuse to self or others or substantial damage to another's property, as evidenced by behavior threatening, attempting or causing such injury, abuse or damage; except that if the harm threatened, attempted or caused is only harm to the property of another, the harm must be of such a value and extent that the state's interest in protecting the property from such harm outweighs the person's interest in personal liberty; or
(B) is substantially unable, except for reason of indigency, to provide for any of the person's basic needs, such as food, clothing, shelter, health or safety, causing a substantial deterioration of the person's ability to function on the person's own.
(k) "Physician" means a person licensed to practice medicine and surgery as provided for in the Kansas healing arts act or a person who is employed by a state psychiatric hospital or by an agency of the United States and who is authorized by law to practice medicine and surgery within that hospital or agency.
(l) "Psychologist" means a licensed psychologist, as defined by K.S.A. 74-5302, and amendments thereto.
(m) "Substance" means:
(1) The same as the term "controlled substance" as defined in K.S.A. 21-5701, and amendments thereto; or
(2) fluorocarbons, toluene or volatile hydrocarbon solvents.
(n) "Treatment" means the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological and social service care, vocational rehabilitation and career counseling, which may be extended to persons with an alcohol or substance abuse problem.
(o) (1) "Treatment facility" means a treatment program, public or private treatment facility, or any facility of the United States government available to treat a person for an alcohol or other substance abuse problem, but such term does not include a licensed medical care facility, a licensed adult care home, a facility licensed under K.S.A. 75-3307b, prior to its repeal, or under K.S.A. 39-2001 et seq., and amendments thereto, a community-based alcohol and drug safety action program certified under K.S.A. 8-1008, and amendments thereto, and performing only those functions for which the program is certified to perform under K.S.A. 8-1008, and amendments thereto, or a professional licensed by the behavioral sciences regulatory board to diagnose and treat mental disorders at the independent level or a physician, who may treat in the usual course of the behavioral sciences regulatory board licensee's or physician's professional practice individuals incapacitated by alcohol or other substances, but who are not primarily engaged in the usual course of the individual's professional practice in treating such individuals, or any state institution, even if detoxification services may have been obtained at such institution.
(2) "Private treatment facility" means a private agency providing facilities for the care and treatment or lodging of persons with either an alcohol or other substance abuse problem and meeting the standards prescribed in either K.S.A. 65-4013 or 65-4603, and amendments thereto, and licensed under either K.S.A. 65-4014 or 65-4607, and amendments thereto.
(3) "Public treatment facility" means a treatment facility owned and operated by any political subdivision of the state of Kansas and licensed under either K.S.A. 65-4014 or 65-4603, and amendments thereto, as an appropriate place for the care and treatment or lodging of persons with an alcohol or other substance abuse problem.
(p) The terms defined in K.S.A. 59-30,102, and amendments thereto, shall have the meanings provided by that section.
History: L. 1998, ch. 134, § 2; L. 2002, ch. 114, § 67; L. 2007, ch. 95, § 15; L. 2009, ch. 32, § 50; L. 2014, ch. 115, § 218; L. 2016, ch. 92, § 81; L. 2018, ch. 71, § 19; L. 2025, ch. 90, § 11; L. 2025, ch. 125, § 11; January 1, 2026.
(a) In computing the date upon or by which any act must be done or hearing held by under provisions of this article, the day on which an act or event occurred and from which a designated period of time is to be calculated shall not be included, but the last day in a designated period of time shall be included unless that day falls on a Saturday, Sunday or legal holiday, in which case the next day which is not a Saturday, Sunday or legal holiday shall be considered to be the last day.
(b) Unless the court orders otherwise, if the clerk's office is inaccessible on the last day for filing, then the time for filing is extended to the first accessible day that is not a Saturday, Sunday or legal holiday.
(c) "Legal holiday" means any day declared a holiday by the president of the United States, the congress of the United States or the legislature of this state or any day observed as a holiday by order of the Kansas supreme court. A half holiday is considered as other days and not as a holiday.
History: L. 1998, ch. 134, § 3; L. 2010, ch. 135, § 62; July 1.
(a) The fact that a person may have voluntarily accepted any form of treatment for an alcohol or substance abuse problem, or become subject to a court order entered under authority of this act, shall not be construed to mean that such person shall have lost any civil right they otherwise would have as a resident or citizen, any property right or their legal capacity, except as may be specified within any court order or as otherwise limited by the provisions of this act or the reasonable rules and regulations which the head of a treatment facility may for good cause find necessary to make for the orderly operations of that facility. No person held in custody under the provisions of this act shall be denied the right to apply for a writ of habeas corpus.
(b) There shall be no implication or presumption that a patient within the terms of this act is for that reason alone a person in need of a guardian or a conservator, or both, as provided in the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto.
(c) A person who is a mentally ill person subject to involuntary commitment for care and treatment as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto, shall be subject to K.S.A. 21-6301, and amendments thereto.
History: L. 1998, ch. 134, § 4; L. 2002, ch. 114, § 68; L. 2006, ch. 210, § 19; L. 2011, ch. 30, § 213; L. 2025, ch. 40, § 152; January 1, 2026.
(a) A person with an alcohol or substance abuse problem may be admitted to a treatment facility as a voluntary patient when there are available accommodations and the head of the treatment facility determines such person is in need of treatment therein, and that the person has the capacity to consent to treatment.
(b) Admission shall be made upon written application:
(1) If such person is 18 years of age or older the person may make such application for themself; or
(2) (A) If such person is less than 18 years of age, a parent may make such application for their child; or
(B) if such person is less than 18 years of age, but 14 years of age or older, the person may make such written application on their own behalf without the consent or written application of their parent, legal guardian or any other person. Whenever a person who is 14 years of age or older makes written application on their own behalf and is admitted as a voluntary patient, the head of the treatment facility shall promptly notify the child's parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of the minor of the admittance of that child; or
(3) if such person has a legal guardian, the legal guardian may make such application provided that if the legal guardian is required to obtain authority to do so pursuant to K.S.A. 59-30,154 and 59-30,155, and amendments thereto, then only in accordance with the provisions thereof. If the legal guardian is seeking admission of their ward upon an order giving the guardian continuing authority to admit the ward to a treatment facility as defined in K.S.A. 59-30,154 and 59-30,155, and amendments thereto, the head of the treatment facility may require a statement from the patient's attending physician or from the local health officer of the area in which the patient resides confirming that the patient is in need of treatment for an alcohol or substance abuse problem in a treatment facility before accepting the ward for admission, and shall divert any such person to a less restrictive treatment alternative as may be appropriate.
(c) No person shall be admitted as a voluntary patient under the provisions of this act to any treatment facility unless the head of the treatment facility has informed such person or such person's parent, legal guardian, or other person known to the head of the treatment facility to be interested in the care and welfare of a minor, in writing, of the following:
(1) The rules and procedures of the treatment facility relating to the discharge of voluntary patients;
(2) the legal rights of a voluntary patient receiving treatment from a treatment facility as provided for in K.S.A. 59-29b78 and amendments thereto; and
(3) in general terms, the types of treatment which are available or would not be available to a voluntary patient from that treatment facility.
(d) Nothing in this act shall be construed as to prohibit a proposed or involuntary patient with capacity to do so from making an application for admission as a voluntary patient to a treatment facility. Any proposed or involuntary patient desiring to do so shall be afforded an opportunity to consult with their attorney prior to making any such application. If the head of the treatment facility accepts the application and admits the patient as a voluntary patient, then the head of the treatment facility shall notify, in writing, the patient's attorney, the patient's legal guardian, if the patient has a legal guardian, and the district court which has jurisdiction over the patient of the patient's voluntary status. When a notice of voluntary admission is received, the court shall file the same which shall terminate the proceedings.
History: L. 1998, ch. 134, § 5; L. 2002, ch. 114, § 69; L. 2025, ch. 40, § 153; January 1, 2026.
The head of a treatment facility shall discharge any voluntary patient whose treatment in the facility is determined by the head of the treatment facility to have reached maximum benefit. Prior to the discharge, the head of the treatment facility shall give written notice of the date and time of the discharge to the patient and if appropriate, to the patient's parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of a minor patient.
History: L. 1998, ch. 134, § 6; July 1.
(a) A voluntary patient shall be entitled to be discharged from a treatment facility, by the head of the treatment facility, by no later than the third day, excluding Saturdays, Sundays and holidays, after receipt of the patient's written request for discharge.
(b) (1) If the voluntary patient is an adult admitted upon the application of a legal guardian or pursuant to an order of the court issued pursuant to K.S.A. 59-30,154 and 59-30,155, and amendments thereto, any request for discharge must be made, in writing, by the legal guardian.
(2) If the voluntary patient is a minor, the written request for discharge shall be made by the child's parent or legal guardian except if the minor was admitted upon their own written application to become a voluntary patient made pursuant to K.S.A. 59-29b49 and amendments thereto, then the minor may make the request. In the case of a minor 14 or more years of age who had made written application to become a voluntary patient on their own behalf and who has requested to be discharged, the head of the treatment facility shall promptly inform the child's parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of the minor of the minor's request for discharge.
History: L. 1998, ch. 134, § 7; L. 2002, ch. 114, § 70; L. 2025, ch. 40, § 154; January 1, 2026.
The head of a treatment facility or other person may file a petition pursuant to K.S.A. 59-29b57 and amendments thereto seeking involuntary commitment of a voluntary patient who now lacks capacity to make an informed decision concerning treatment and who is refusing reasonable treatment efforts or has requested discharge from the treatment facility.
History: L. 1998, ch. 134, § 8; July 1.
(a) Any law enforcement officer who has a reasonable belief formed upon investigation that a person may be a person with an alcohol or substance abuse problem subject to involuntary commitment and is likely to cause harm to self or others if allowed to remain at liberty may take the person into custody without a warrant. If the officer is in a crisis intervention center service area, as defined in K.S.A. 59-29c02, and amendments thereto, the officer may transport the person to such crisis intervention center. If the officer is not in a crisis intervention center service area, as defined in K.S.A. 59-29c02, and amendments thereto, or does not choose to transport the person to such crisis intervention center, then the officer shall transport the person to a treatment facility or other facility for care or treatment where the person shall be examined by a physician or psychologist on duty at the facility. If no physician or psychologist is on duty at the time the person is transported to the facility, the person shall be examined within a reasonable time not to exceed 17 hours. If a written statement is made by the physician or psychologist at the facility that after preliminary examination the physician or psychologist believes the person likely to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment and is likely to cause harm to self or others if allowed to remain at liberty, and if the facility is a treatment facility and is willing to admit the person, the law enforcement officer shall present to that treatment facility the application provided for in K.S.A. 59-29b54(b), and amendments thereto. If the physician or psychologist on duty at the facility does not believe the person likely to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment, the law enforcement officer shall return the person to the place where the person was taken into custody and release the person at that place or at another place in the same community as requested by the person or if the law enforcement officer believes that it is not in the best interests of the person or the person's family or the general public for the person to be returned to the place the person was taken into custody, then the person shall be released at another place the law enforcement officer believes to be appropriate under the circumstances. The person may request to be released immediately after the examination, in which case the law enforcement officer shall immediately release the person, unless the law enforcement officer believes it is in the best interests of the person or the person's family or the general public that the person be taken elsewhere for release.
(b) If the physician or psychologist on duty at the facility states that, in the physician's or psychologist's opinion, the person is likely to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment but the facility is unwilling or is an inappropriate place to which to admit the person, the facility shall nevertheless provide a suitable place at which the person may be detained by the law enforcement officer. If a law enforcement officer detains a person pursuant to this subsection, the law enforcement officer shall file the petition provided for in K.S.A. 59-29b57(a), and amendments thereto, by the close of business of the first day that the district court is open for the transaction of business or shall release the person. No person shall be detained by a law enforcement officer pursuant to this subsection in a nonmedical facility used for the detention of persons charged with or convicted of a crime unless no other suitable facility at which such person may be detained is willing to accept the person.
History: L. 1998, ch. 134, § 9; L. 2017, ch. 77, § 21; July 1.
(a) A treatment facility may admit and detain any person for emergency observation and treatment upon an ex parte emergency custody order issued by a district court pursuant to K.S.A. 59-29b58, and amendments thereto.
(b) A treatment facility or the detox unit at any state hospital may admit and detain any person presented for emergency observation and treatment upon written application of a law enforcement officer having custody of that person pursuant to K.S.A. 59-29b53, and amendments thereto. The application shall state:
(1) The name and address of the person sought to be admitted, if known;
(2) the name and address of the person's spouse or nearest relative, if known;
(3) the officer's belief that the person is or may be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment and is likely to cause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that belief and the factual circumstances under which the person was taken into custody including any known pending criminal charges; and
(5) the fact that the law enforcement officer will file the petition provided for in K.S.A. 59-29b57, and amendments thereto, by the close of business of the first day thereafter that the district court is open for the transaction of business, or that the officer has been informed by a parent, legal guardian or other person, whose name shall be stated in the application will file the petition provided for in K.S.A. 59-29b57, and amendments thereto, within that time.
(c) A treatment facility may admit and detain any person presented for emergency observation and treatment upon the written application of any individual. The application shall state:
(1) The name and address of the person sought to be admitted, if known;
(2) the name and address of the person's spouse or nearest relative, if known;
(3) the applicant's belief that the person may be a person with an alcohol or substance abuse problem subject to involuntary commitment and is likely to cause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that belief;
(5) any pending criminal charges, if known;
(6) the fact that the applicant will file the petition provided for in K.S.A. 59-29b57, and amendments thereto, by the close of business of the first day thereafter that the district court is open for the transaction of business; and
(7) the application shall also be accompanied by a statement in writing of a physician, psychologist or licensed addiction counselor finding that the person is likely to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act.
(d) Any treatment facility or personnel thereof, who in good faith renders treatment in accordance with law to any person admitted pursuant to subsection (b) or (c), shall not be liable in a civil or criminal action based upon a claim that the treatment was rendered without legal consent.
History: L. 1998, ch. 134, § 10; L. 2016, ch. 92, § 82; L. 2025, ch. 90, § 12; July 1.
(a) Whenever any person is involuntarily admitted to or detained at a facility pursuant to subsection (b) or (c) of K.S.A. 59-29b54 and amendments thereto, or pursuant to an ex parte emergency custody order issued pursuant to K.S.A. 59-29b58 and amendments thereto, the head of the facility shall:
(1) Immediately advise the person in custody that such person is entitled to immediately contact the person's legal counsel, legal guardian, personal physician or psychologist, minister of religion, including a Christian Science practitioner or immediate family as defined in subsection (b) or any combination thereof. If the person desires to make such contact, the head of the facility shall make available to the person reasonable means for making such immediate communication;
(2) provide notice of the person's involuntary admission including a copy of the document authorizing the involuntary admission to that person's attorney or legal guardian, immediately upon learning of the existence and whereabouts of such attorney or legal guardian, unless that attorney or legal guardian was the person who signed the application resulting in the patient's admission. If authorized by the patient pursuant to K.S.A. 65-5601 through 65-5605 and amendments thereto, the head of the facility also shall provide notice to the patient's immediate family, as defined in subsection (b), immediately upon learning of the existence and whereabouts of such family, unless the family member to be notified was the person who signed the application resulting in the patient's admission; and
(3) immediately advise the person in custody of such person's rights provided for in K.S.A. 59-29b78 and amendments thereto.
(b) "Immediate family" means the spouse, adult child or children, parent or parents and sibling or siblings, or any combination thereof.
History: L. 1998, ch. 134, § 11; July 1.
The head of the facility shall discharge any person admitted pursuant to subsection (a) of K.S.A. 59-29b54 and amendments thereto when the ex parte emergency custody order expires, and shall discharge any person admitted pursuant to subsection (b) or (c) of K.S.A. 59-29b54 and amendments thereto not later than the close of business of the first day that the district court is open for the transaction of business after the admission date of the person, unless a district court orders that such person remain in custody under an ex parte emergency custody order issued pursuant to the provisions of K.S.A. 59-29b58 and amendments thereto, or a temporary custody order issued pursuant to the provisions of K.S.A. 59-29b59 and amendments thereto.
History: L. 1998, ch. 134, § 12; July 1.
(a) A verified petition to determine whether or not a person is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act may be filed in the district court of the county where that person resides or where such person may be found.
(b) The petition shall state:
(1) The petitioner's belief that the named person is a person with an alcohol or substance abuse problem subject to involuntary commitment and the facts upon which this belief is based;
(2) to the extent known, the name, age, present whereabouts and permanent address of the person named as possibly a person with an alcohol or substance abuse problem subject to involuntary commitment; and if not known, any information the petitioner might have about this person and where the person resides;
(3) to the extent known, the name and address of the person's spouse or nearest relative or relatives, or legal guardian, or if not known, any information the petitioner might have about a spouse, relative or relatives or legal guardian and where they might be found;
(4) to the extent known, the name and address of the person's legal counsel, or if not known, any information the petitioner might have about this person's legal counsel;
(5) to the extent known, whether or not this person is able to pay for medical services, or if not known, any information the petitioner might have about the person's financial circumstances or indigency;
(6) to the extent known, the name and address of any person who has custody of the person, and any known pending criminal charge or charges or of any arrest warrant or warrants outstanding or, if there are none, that fact or if not known, any information the petitioner might have about any current criminal justice system involvement with the person;
(7) the name or names and address or addresses of any witness or witnesses the petitioner believes has knowledge of facts relevant to the issue being brought before the court; and
(8) the name and address of the treatment facility to which the petitioner recommends that the proposed patient be sent for treatment if the proposed patient is found to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, or if the petitioner is not able to recommend a treatment facility to the court, then that fact and that the secretary for aging and disability services has been notified and requested to determine which treatment facility the proposed patient should be sent to.
(c) The petition shall be accompanied by:
(1) A signed certificate from a physician, psychologist or state certified alcohol and substance abuse counselor stating that such professional has personally examined the person and any available records and has found that the person, in such professional's opinion, is likely to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, unless the court allows the petition to be accompanied by a verified statement by the petitioner that the petitioner had attempted to have the person seen by a physician, psychologist or state certified alcohol and substance abuse counselor, but that the person failed to cooperate to such an extent that the examination was impossible to conduct;
(2) a statement of consent to the admission of the proposed patient to the treatment facility named by the petitioner pursuant to subsection (b)(8) signed by the head of that treatment facility or other documentation which shows the willingness of the treatment facility to admitting the proposed patient for care and treatment; and
(3) if applicable, a copy of any notice given pursuant to K.S.A. 59-29b51, and amendments thereto, in which the named person has sought discharge from a treatment facility into which they had previously entered voluntarily, or a statement from the treating physician or psychologist that the person was admitted as a voluntary patient but now lacks capacity to make an informed decision concerning treatment and is refusing reasonable treatment efforts, and including a description of the treatment efforts being refused.
(d) The petition may include a request that an ex parte emergency custody order be issued pursuant to K.S.A. 59-29b58, and amendments thereto. If such request is made the petition shall also include:
(1) A brief statement explaining why the person should be immediately detained or continue to be detained;
(2) the place where the petitioner requests that the person be detained or continue to be detained; and
(3) if applicable, because detention is requested in a facility other than the detox unit at a state hospital, a statement that the facility is willing to accept and detain such person.
(e) The petition may include a request that a temporary custody order be issued pursuant to K.S.A. 59-29b59, and amendments thereto.
History: L. 1998, ch. 134, § 13; L. 2014, ch. 115, § 219; L. 2025, ch. 90, § 13; July 1.
(a) At the time the petition for the determination of whether a person is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment is filed, or any time thereafter prior to the trial upon the petition as provided for in K.S.A. 59-29b65 and amendments thereto, the petitioner may request in writing that the district court issue an ex parte emergency order including either or both of the following: (1) An order directing any law enforcement officer to take the person named in the order into custody and transport the person to a designated treatment facility or other suitable place willing to receive and detain the person; or (2) an order authorizing any named treatment facility or other place to detain or continue to detain the person until the further order of the court or until the ex parte emergency custody order shall expire.
(b) No ex parte emergency custody order shall provide for the detention of any person in a nonmedical facility used for the detention of persons charged with or convicted of a crime unless no other suitable facility at which such person may be detained is willing to accept the person.
(c) An ex parte emergency custody order issued under this section shall expire at 5:00 p.m. of the second day the district court is open for the transaction of business after the date of its issuance, which expiration date shall be stated in the order.
(d) The district court shall not issue successive ex parte emergency custody orders.
(e) In lieu of issuing an ex parte emergency custody order, the court may allow the person with respect to whom the request was made to remain at liberty, subject to such conditions as the court may impose.
History: L. 1998, ch. 134, § 14; July 1.
(a) At the time that the petition for determination of whether a person is a person with an alcohol or substance abuse problem is filed, or any time thereafter prior to the trial upon the petition as provided for in K.S.A. 59-29b65 and amendments thereto, the petitioner may request in writing that the district court issue a temporary custody order. The request shall state:
(1) The reasons why the person should be detained prior to the hearing on the petition;
(2) whether an ex parte emergency custody order has been requested or was granted; and
(3) the present whereabouts of the person named in the petition.
(b) Upon the filing of a request for a temporary custody order, the court shall set the matter for a hearing which shall be held not later than the close of business of the second day the district court is open for the transaction of business after the filing of the request. The petitioner and the person with respect to whom the request has been filed shall be notified of the time and place of the hearing and that they shall each be afforded an opportunity to appear at the hearing, to testify and to present and cross-examine witnesses. If the person with respect to whom the request has been filed has not yet retained or been appointed an attorney, the court shall appoint an attorney for the person.
(c) At the hearing scheduled upon the request, the person with respect to whom the request has been filed shall be present unless the attorney for the person requests that the person's presence be waived and the court finds that the person's presence at the hearing would be injurious to the person's welfare. The court shall enter in the record of the proceedings the facts upon which the court has found that the presence of the person at the hearing would be injurious to such person's welfare. However, if the person with respect to whom the request has been filed states in writing to the court or to such person's attorney that such person wishes to be present at the hearing, the person's presence cannot be waived.
The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the person with respect to whom the request has been filed. All persons not necessary for the conduct of the proceedings may be excluded. The court shall receive all relevant and material evidence which may be offered. The rules governing evidentiary and procedural matters shall be applied to hearings under this section in a manner so as to facilitate informal, efficient presentation of all relevant, probative evidence and resolution of issues with due regard to the interests of all parties. The facts or data upon which a duly qualified expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing and if of a type reasonably relied upon by experts in their particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. The expert may testify in terms of opinion or inference and give the expert's reasons therefor without prior disclosure of the underlying facts or data unless the court requires otherwise. If requested on cross-examination, the expert shall disclose the underlying facts or data.
If the petitioner is not represented by counsel, the county or district attorney shall represent the petitioner, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney determines to be of aid to the court in determining whether or not there is probable cause to believe that the person with respect to whom the request has been filed is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, and that it would be in the best interests of the person to be detained until the trial upon the petition.
(d) After the hearing, if the court determines from the evidence that:
(1) There is probable cause to believe that the person with respect to whom the request has been filed is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, and that it is in the best interests of the person to be detained until the trial upon the petition, the court shall issue a temporary custody order;
(2) there is probable cause to believe that the person with respect to whom the request has been filed is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, but that it would not be in the person's best interests to be detained until the trial upon the petition, the court may allow the person to be at liberty, subject to such conditions as the court may impose; and
(3) there is not probable cause to believe that the person with respect to whom the request has been filed is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, the court shall terminate the proceedings and release the person.
(e) (1) A temporary custody order issued pursuant to this section may direct any law enforcement officer or any other person designated by the court to take the person named in the order into custody and transport them to a designated treatment facility, and authorize the designated treatment facility to detain and treat the person until the trial upon the petition.
(2) No temporary custody order shall provide for the detention of any person in a nonmedical facility used for the detention of persons charged with or convicted of a crime unless no other suitable facility at which such person may be detained is willing to accept the person.
History: L. 1998, ch. 134, § 15; July 1.
(a) Upon the filing of the petition provided for in K.S.A. 59-29b57, and amendments thereto, the district court shall issue the following:
(1) An order fixing the time and place of the trial upon the petition. Such hearing, in the court's discretion, may be conducted in a courtroom, a treatment facility or at some other suitable place. The time fixed in the order shall in no event be earlier than seven days or later than 14 days after the date of the filing of the petition. If a demand for a trial by jury is later filed by the proposed patient, the court may continue the trial and fix a new time and place of the trial at a time that may exceed beyond the 14 days but shall be fixed within a reasonable time not exceeding 30 days from the date of the filing of the demand.
(2) An order that the proposed patient appear at the time and place of the hearing and providing that the proposed patient's presence will be required at the hearing unless the attorney for the proposed patient shall make a request that the proposed patient's presence be waived and the court finds that the proposed patient's presence at the hearing would be injurious to the proposed patient's welfare. The order shall further provide that notwithstanding the foregoing provision, if the proposed patient requests in writing to the court or to such person's attorney that the proposed patient wishes to be present at the hearing, the proposed patient's presence cannot be waived.
(3) An order appointing an attorney to represent the proposed patient at all stages of the proceedings and until all orders resulting from such proceedings are terminated. The court shall give preference, in the appointment of this attorney, to any attorney who has represented the proposed patient in other matters if the court has knowledge of that prior representation. The proposed patient shall have the right to engage an attorney of the proposed patient's own choice and, in such event, the attorney appointed by the court shall be relieved of all duties by the court.
(4) An order that the proposed patient shall appear at a time and place that is in the best interests of the patient where the proposed patient will have the opportunity to consult with the proposed patient's court-appointed attorney, which time shall be at least five days prior to the date set for the trial under K.S.A. 59-29b65, and amendments thereto.
(5) An order for an evaluation as provided for in K.S.A. 59-29b61, and amendments thereto.
(6) A notice as provided for in K.S.A. 59-29b63, and amendments thereto.
(7) If the petition also contains allegations as provided for in K.S.A. 59-30,105, 59-30,126, 59-30,129, 59-30,142, 59-30,267 or 59-30,268, and amendments thereto, those orders necessary to make a determination of the need for a legal guardian or conservator, or both, to act on behalf of the proposed patient. For these purposes, the trials required by K.S.A. 59-29b65, and amendments thereto, K.S.A. 59-30,107, 59-30,130, 59-30,132, 59-30,143 and 59-30,147, and amendments thereto, may be consolidated.
(8) If the petitioner shall not have named a proposed treatment facility to which the proposed patient may be sent as provided for in K.S.A. 59-29b57(b)(8), and amendments thereto, but instead stated that the secretary for aging and disability services has been notified and requested to determine which treatment facility the proposed patient should be sent to, then the court shall issue an order requiring the secretary, or the secretary's designee, to make that determination and to notify the court of the name and address of that treatment facility by such time as the court shall specify in the court's order.
(b) Nothing in this section shall prevent the court from granting an order of continuance, for good cause shown, to any party for no longer than seven days, except that such limitation does not apply to a request for an order of continuance made by the proposed patient or to a request made by any party if the proposed patient is absent such that further proceedings can not be held until the proposed patient has been located. The court also, upon the request of any party, may advance the date of the hearing if necessary and in the best interests of all concerned.
History: L. 1998, ch. 134, § 16; L. 2002, ch. 114, § 71; L. 2014, ch. 115, § 220; L. 2025, ch. 40, § 155; January 1, 2026.
(a) The order for an evaluation required by K.S.A. 59-29b60(a)(5), and amendments thereto, shall be served in the manner provided for in K.S.A. 59-29b63(c) and (d), and amendments thereto. It shall order the proposed patient to submit to an evaluation to be conducted by a physician, psychologist or licensed addiction counselor and to undergo such other medical examinations or evaluations as may be designated by the court in the order, except that any proposed patient who is not subject to a temporary custody order issued pursuant to K.S.A. 59-29b59, and amendments thereto, and who requests a hearing pursuant to K.S.A. 59-29b62, and amendments thereto, need not submit to such evaluations or examinations until that hearing has been held and the court finds that there is probable cause to believe that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act. The evaluation may be conducted at a treatment facility, the home of the proposed patient or any other suitable place that the court determines is not likely to have a harmful effect on the welfare of the proposed patient.
(b) At the time designated by the court in the order, but in no event later than three days prior to the date of the trial provided for in K.S.A.
59-29b65, and amendments thereto, the examiner shall submit to the court a report, in writing, of the evaluation which report also shall be made available to counsel for the parties at least three days prior to the trial. The report also shall be made available to the proposed patient and to whomever the patient directs, unless for good cause recited in the order, the court orders otherwise. Such report shall state that the examiner has made an examination of the proposed patient and shall state the opinion of the examiner on the issue of whether or not the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act and the examiner's opinion as to the least restrictive treatment alternative which will protect the proposed patient and others and allow for the improvement of the proposed patient if treatment is ordered.
History: L. 1998, ch. 134, § 17; L. 2016, ch. 92, § 83; July 1.
Whenever a proposed patient who is not subject to a temporary custody order issued pursuant to K.S.A. 59-29b59 and amendments thereto requests a hearing pursuant to this section, a hearing shall be held within a reasonable time thereafter. The petitioner and the proposed patient shall be notified of the time and place of the hearing, afforded an opportunity to testify, and to present and cross-examine witnesses. The proposed patient shall be present at the hearing and the proposed patient's presence cannot be waived. All persons not necessary for the conduct of the proceedings may be excluded. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the welfare of the proposed patient. The court shall receive all relevant and material evidence which may be offered. If the petitioner is not represented by counsel, the county or district attorney shall represent the petitioner, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney determines to be of aid to the court in determining whether or not there is probable cause to believe that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act. If the court determines from the evidence that there is probable cause to believe that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment, the court shall issue the order for an evaluation; otherwise, the court shall terminate the proceedings.
History: L. 1998, ch. 134, § 18; July 1.
(a) Notice as required by subsection (a)(6) of K.S.A. 59-29b60, and amendments thereto, shall be given to the proposed patient named in the petition, the proposed patient's legal guardian if there is one, the attorney appointed to represent the proposed patient, the proposed patient's spouse or nearest relative and to such other persons as the court directs.
(b) The notice shall state:
(1) That a petition has been filed, alleging that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act and requesting that the court order treatment;
(2) the date, time and place of the trial;
(3) the name of the attorney appointed to represent the proposed patient and the time and place where the proposed patient shall have the opportunity to consult with this attorney;
(4) that the proposed patient has a right to a jury trial if a written demand for such is filed with the court at least four days prior to the time set for trial; and
(5) that if the proposed patient demands a jury trial, the trial date may have to be continued by the court for a reasonable time in order to empanel a jury, but that this continuance shall not exceed 30 days from the date of the filing of the demand.
(c) The court may order any of the following persons to serve the notice upon the proposed patient:
(1) The physician or psychologist currently administering to the proposed patient, if the physician or psychologist consents to doing so;
(2) the head of the treatment facility where the proposed patient is being detained or the designee thereof;
(3) the local health officer or such officer's designee;
(4) the secretary for aging and disability services or the secretary's designee if the proposed patient is being treated at a state psychiatric hospital pursuant to any provision of K.S.A. 59-2945 et seq., and amendments thereto;
(5) any law enforcement officer; or
(6) the attorney of the proposed patient.
(d) The notice shall be served personally on the proposed patient as soon as possible, but not less than six days prior to the date of the trial, and immediate return thereof shall be made to the court by the person serving notice. Unless otherwise ordered by the court, notice shall be served on the proposed patient by a nonuniformed person.
(e) Notice to all other persons may be made by mail or in such other manner as directed by the court.
History: L. 1998, ch. 134, § 19; L. 2014, ch. 115, § 221; July 1.
(a) The patient at any time may request, in writing, that any further proceedings be continued for not more than three months so that the court may make an order of continuance and referral for short-term treatment. The written request must be acknowledged before a notary public or a judge of the district court. The patient may request successive orders of continuance and referral. Upon receipt of such a request, the court may order the patient referred for short-term treatment to a designated treatment facility for a specified period of time not to exceed three months from the date the request is signed by the patient. An order of referral for short-term treatment shall be conditioned upon the consent of the head of that treatment facility to accepting the patient. The court may not issue an order of referral unless the attorney representing the patient has filed a statement, in writing, that the attorney has explained to the patient the nature of an order of referral and the right of the patient to have the further proceedings conducted as scheduled.
(b) If the patient's request for an order for referral for short-term treatment is made prior to the hearing required to be held pursuant to the provisions of K.S.A. 59-29b59 or 59-29b62 and amendments thereto, and granted, it shall constitute a waiver of the patient's right to this hearing.
(c) Within any order of continuance and referral, the court shall confirm the new date and time set for the trial and direct that a copy of the court's order shall be given to the patient, to the attorney representing the patient, the petitioner or the county or district attorney as appropriate, the patient's legal guardian if there is one, the patient's spouse or nearest relative as appropriate, the head of the treatment facility to which the patient is being referred, and such other persons as the court directs. Any trial so continued shall then be held on the date set at the end of the referral period, unless again continued by the court upon the patient's request for another order of continuance and referral, or on the date set in any order of continuance necessitated by the patient's demand for a jury trial.
(d) Not later than 14 days prior to the date set for the trial provided for in K.S.A. 59-29b65 and amendments thereto by any order of continuance and referral, unless the proposed patient has been accepted as a voluntary patient by the treatment facility or unless the proposed patient has filed a written request for another successive period of continuance and referral, the facility treating the proposed patient shall submit a written report of its findings and recommendations to the court, which report also shall be made available to counsel for the parties. The report also shall be made available to the proposed patient and to whomever the patient directs, unless for good cause recited in the order, the court orders otherwise.
History: L. 1998, ch. 134, § 20; July 1.
(a) Trial upon the petition shall be held at the time and place specified in the court's order issued pursuant to subsection (a) of K.S.A. 59-29b60 and amendments thereto unless a continuance as provided in K.S.A. 59-29b60 or 59-29b64 and amendments thereto, has been granted. The hearing shall be held to the court only, unless the proposed patient, at least four days prior to the time set for the hearing, demands, in writing, a jury trial.
(b) The jury, if one is demanded, shall consist of six persons. The jury panel shall be selected as provided by law. Notwithstanding the provision within K.S.A. 43-166 and amendments thereto otherwise, a panel of prospective jurors may be assembled by the clerk upon less than 20 days' notice in this circumstance. From such panel 12 qualified jurors, who have been passed for cause, shall be empaneled. Prior service as a juror in any court shall not exempt, for that reason alone, any person from jury service hereunder. From the panel so obtained, the proposed patient or the proposed patient's attorney shall strike one name; then the petitioner, or the petitioner's attorney, shall strike one name; and so on alternatively until each has stricken three names so as to reach the jury of six persons. During this process, if either party neglects or refuses to aid in striking the names, the court shall strike a name on behalf of such party.
(c) The proposed patient shall be present at the hearing unless the attorney for the proposed patient requests that the proposed patient's presence be waived and the court finds the person's presence at the hearing would be injurious to their welfare. The court shall enter in the record of the proceedings the facts upon which the court has found that the presence of the proposed patient at the hearing would be injurious to their welfare. However, if the proposed patient states in writing to the court or such person's attorney that such patient wishes to be present at the hearing, the person's presence cannot be waived. The petitioner and the proposed patient shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. All persons not necessary for the conduct of the proceedings may be excluded. The hearings shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the welfare of the proposed patient. The court shall receive all relevant and material evidence which may be offered, including the testimony or written findings and recommendations of the examiner who evaluated the proposed patient pursuant to the court's order issued under K.S.A. 59-29b61 and amendments thereto. Such evidence shall not be privileged for the purpose of this hearing.
(d) The rules governing evidentiary and procedural matters at hearings under this section shall be applied in a manner so as to facilitate informal, efficient presentation of all relevant, probative evidence and resolution of issues with due regard to the interests of all parties.
(e) If the petitioner is not represented by counsel, the county or district attorney shall represent the petitioner, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney shall determine to be of aid to the court in determining whether or not the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act.
History: L. 1998, ch. 134, § 21; July 1.
(a) Upon the completion of the trial, if the court or jury finds by clear and convincing evidence that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, the court shall order treatment for such person for a specified period of time not to exceed three months from the date of the trial at a treatment facility. Whenever an involuntary patient is ordered to receive treatment, the clerk of the district court shall send a copy of the order to the Kansas bureau of investigation within five days after receipt of the order. The Kansas bureau of investigation shall immediately enter the order into the national criminal information center and other appropriate databases. An order for treatment in a treatment facility shall be conditioned upon the consent of the head of that treatment facility to accepting the patient. In the event no appropriate treatment facility has agreed to provide treatment for the patient, then the secretary for aging and disability services shall be given responsibility for providing or securing treatment for the patient.
(b) A copy of the order for treatment shall be provided to the head of the treatment facility.
(c) When the court orders treatment, it shall retain jurisdiction to modify, change or terminate such order, unless venue has been changed pursuant to K.S.A. 59-29b71, and amendments thereto, and then the receiving court shall have continuing jurisdiction.
(d) If the court finds from the evidence that the proposed patient has not been shown to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, the court shall release the person and terminate the proceedings.
History: L. 1998, ch. 134, § 22; L. 2006, ch. 210, § 20; L. 2014, ch. 115, § 222; July 1.
(a) An order for outpatient treatment may be entered by the court at any time in lieu of any type of order which would have required inpatient care and treatment if the court finds that the patient is likely to comply with an outpatient treatment order and that the patient will not likely be a danger to the community or be likely to cause harm to self or others while subject to an outpatient treatment order.
(b) No order for outpatient treatment shall be entered unless the head of the outpatient treatment facility has consented to treat the patient on an outpatient basis under the terms and conditions set forth by the court.
(c) If outpatient treatment is ordered, the order may state specific conditions to be followed by the patient, but shall include the general condition that the patient is required to comply with all directives and treatment as required by the head of the outpatient treatment facility or the head's designee. The court may also make such orders as are appropriate to provide for monitoring the patient's progress and compliance with outpatient treatment. Within any outpatient order for treatment the court shall specify the period of treatment as provided for in subsection (a) of K.S.A. 59-29b66 or subsection (f) of K.S.A. 59-29b69, and amendments thereto.
(d) The court shall retain jurisdiction to modify or revoke the order for outpatient treatment at any time on its own motion, on the motion of any counsel of record or upon notice from the treatment facility of any need for new conditions in the order for outpatient treatment or of material noncompliance by the patient with the order for outpatient treatment. However, if the venue of the matter has been transferred to another court, then the court having venue of the matter shall have such jurisdiction to modify or revoke the outpatient treatment order. Revocation or modification of an order for outpatient treatment may be made ex parte by order of the court in accordance with the provisions of subsections (e) or (f).
(e) The treatment facility shall immediately report to the court any material noncompliance by the patient with the outpatient treatment order. Such notice may be verbal or by telephone but shall be followed by a verified written, facsimile or electronic copy notice sent to the court, to counsel for all parties and, as appropriate, to the head of the inpatient treatment facility designated to receive the patient, by not later than 5:00 p.m. of the first day the district court is open for the transaction of business after the verbal or telephonic communication was made to the court. Upon receipt of verbal, telephone, or verified written, facsimile or electronic copy notice of material noncompliance, the court may enter an ex parte emergency custody order providing for the immediate detention of the patient in a designated inpatient treatment facility. Any ex parte emergency custody order issued by the court under this subsection shall expire at 5:00 p.m. of the second day the district court is open for the transaction of business after the patient is taken into custody. The court shall not enter successive ex parte emergency custody orders.
(f) (1) Upon the taking of a patient into custody pursuant to an ex parte emergency custody order revoking a previously issued order for outpatient treatment and ordering the patient to involuntary inpatient care the court shall set the matter for hearing not later than the close of business on the second day the court is open for business after the patient is taken into custody. Notice of the hearing shall be given to the patient, the patient's attorney, the patient's legal guardian, the petitioner or the county or district attorney as appropriate, the head of the outpatient treatment facility and the head of the inpatient treatment facility, similarly as provided for in K.S.A. 59-29b63, and amendments thereto.
(2) Upon the entry of an ex parte order modifying a previously issued order for outpatient treatment, but allowing the patient to remain at liberty, a copy of the order shall be served upon the patient, the patient's attorney, the county or district attorney and the head of the outpatient treatment facility similarly as provided for in K.S.A. 59-29b63, and amendments thereto. Thereafter, any party to the matter, including the petitioner, the county or district attorney or the patient, may request a hearing on the matter if the request is filed within 5 days from the date of service of the ex parte order upon the patient. The court may also order such a hearing on its own motion within 5 days from the date of service of the notice. If no request or order for hearing is filed within the 5-day period, the ex parte order and the terms and conditions set out in the ex parte order shall become the final order of the court substituting for any previously entered order for outpatient treatment. If a hearing is requested, a formal written request for revocation or modification of the outpatient treatment order shall be filed by the county or district attorney or the petitioner and a hearing shall be held thereon within 5 days after the filing of the request.
(g) The hearing held pursuant to subsection (f) shall be conducted in the same manner as hearings provided for in K.S.A. 59-29b59, and amendments thereto. Upon the completion of the hearing, if the court finds by clear and convincing evidence that the patient violated any condition of the outpatient treatment order, the court may enter an order for inpatient treatment, or may modify the order for outpatient treatment with different terms and conditions in accordance with this section.
(h) The outpatient treatment facility shall comply with the provisions of K.S.A. 59-29b69, and amendments thereto, concerning the filing of written reports for each period of treatment during the time any outpatient treatment order is in effect and the court shall receive and process such reports in the same manner as reports received from an inpatient treatment facility.
History: L. 1998, ch. 134, § 23; L. 2010, ch. 5, § 7; March 11.
(a) At least 14 days prior to the end of each period of treatment, as set out in the court order for such treatment, the head of the treatment facility furnishing treatment to the patient shall cause to be filed with the court a written report summarizing the treatment provided and the findings and recommendations of the treatment facility concerning the need for further treatment for the patient. Upon the filing of this written report, the court shall notify the patient's attorney of record that this written report has been filed. If there is no attorney of record for the patient, the court shall appoint an attorney and notify such attorney that the written report has been filed.
(b) When the attorney for the patient has received notice that the treatment facility has filed with the district court its written report, the attorney shall consult with the patient to determine whether the patient desires a hearing. If the patient desires a hearing, the attorney shall file a written request for a hearing with the district court, which request shall be filed not later than the last day ending any period of treatment as specified in the court's order for treatment issued pursuant to K.S.A. 59-29b66 or 59-29b67, and amendments thereto, or the court's last entered order for continued treatment issued pursuant to subsection (f). If the patient does not desire a hearing, the patient's attorney shall file with the court a written statement that the attorney has consulted with the patient; the manner in which the attorney has consulted with the patient; that the attorney has fully explained to the patient the patient's right to a hearing as set out in this section and that if the patient does not request such a hearing that further treatment will likely be ordered, but that having been so advised the patient does not desire a hearing. Thereupon, the court may renew its order for treatment and may specify the next period of treatment as provided for in subsection (f). A copy of the court's order shall be given to the patient, the attorney for the patient, the patient's legal guardian, the petitioner or the county or district attorney, as appropriate, and to the head of the treatment facility treating the patient as the court shall specify.
(c) Upon receiving a written request for a hearing, the district court shall set the matter for hearing and notice of such hearing shall be given similarly as provided for in K.S.A. 59-29b63 and amendments thereto. Notice shall also be given promptly to the head of the treatment facility treating the patient. The hearing shall be held as soon as reasonably practical, but in no event more than 10 days following the filing of the written request for a hearing. The patient shall remain in treatment during the pendency of any such hearing, unless discharged by the head of the treatment facility pursuant to K.S.A. 59-29b73 and amendments thereto.
(d) The district court having jurisdiction of any case may, on its own motion or upon written request of any interested party, including the head of the treatment facility where a patient is being treated, hold a hearing to review the patient's status earlier than at the times set out in subsection (b), if the court determines that a material change of circumstances has occurred necessitating an earlier hearing, however, the patient shall not be entitled to have more than one hearing within each period of treatment as specified in any order for treatment, order for outpatient treatment or order for continued treatment.
(e) The hearing shall be conducted in the same manner as hearings provided for in K.S.A. 59-29b65 and amendments thereto, except that the hearing shall be to the court and the patient shall not have the right to demand a jury. At the hearing it shall be the petitioner's or county or district attorney's or treatment facility's burden to show that the patient remains a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act.
(f) Upon completion of the hearing, if the court finds by clear and convincing evidence that the patient continues to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, the court shall order continued treatment for a specified period of time not to exceed three months for any initial order for continued treatment, nor more than six months in any subsequent order for continued treatment, at an inpatient treatment facility as provided for in K.S.A. 59-29b66 and amendments thereto, or at an outpatient treatment facility if the court determines that outpatient treatment is appropriate under K.S.A. 59-29b67 and amendments thereto, and a copy of the court's order shall be provided to the head of the treatment facility. If the court finds that it has not been shown by clear and convincing evidence that the patient continues to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, it shall release the patient. A copy of the court's order of release shall be provided to the patient, the patient's attorney, the patient's legal guardian or other person known to be interested in the care and welfare of a minor patient, and to the head of the treatment facility at which the patient had been receiving treatment.
History: L. 1998, ch. 134, § 24; July 1.
The court may issue orders providing for the transportation of patients as necessary to effectuate the provisions of this act. All orders of ex parte emergency custody, temporary custody, referral or treatment may authorize a relative or other suitable person to transport the individual named in the order to the place of detention or treatment specified in the order. All orders for transportation shall be served by the person transporting the individual named in the order upon the person in charge of the place of detention or treatment or such person's designee and due return of execution thereof shall be made to the court. A female being transported shall be accompanied by a female attendant, unless she is accompanied by an adult relative. An individual shall not be transported in a marked police car or sheriff's car if other means of transportation are available. The least amount of restraint necessary shall be used in transporting the patient.
History: L. 1998, ch. 134, § 25; July 1.
(a) At any time after the petition provided for in K.S.A. 59-29b57, and amendments thereto, has been filed venue may be transferred in accordance with this section.
(1) Prior to trial required by K.S.A. 59-29b65, and amendments thereto, and before the expiration of two full working days following the probable cause hearing held pursuant to K.S.A. 59-29b59 or 59-29b62, and amendments thereto, the district court then with jurisdiction, on its own motion or upon the written request of any person, may transfer the venue of the case to the district court of the county where the patient is being detained, evaluated or treated in a treatment facility under the authority of an order issued pursuant to K.S.A. 59-29b58, 59-29b59 or 59-29b64, and amendments thereto. Thereafter the district court may on its own motion or upon the written request of any person transfer venue to another district court only for good cause shown. When an order changing venue is issued, the district court issuing the order shall immediately send to the district court to which venue is changed a facsimile or electronic copy of the entire file of the case. The district court shall also immediately send a facsimile or electronic copy of the order transferring venue to the treatment facility where the patient is being detained, evaluated or treated.
(2) After the trial required by K.S.A. 59-29b65, and amendments thereto, the district court may on its own motion or upon the written request of any person transfer venue to another district court for good cause shown. When an order changing venue is issued, the district court issuing the order shall immediately send to the district court to which venue is changed a facsimile or electronic copy of the entire file of the case. The transferring district court shall also immediately send a facsimile or electronic copy of the order transferring venue to the treatment facility where the patient is being detained, evaluated or treated. Upon request of the receiving district court or upon an order of the district court transferring venue, the transferring district court shall send to the receiving district court the entire original file of the case by mail.
(b) The district court issuing an order transferring venue, if not in the county of residence of the proposed patient, shall transmit to the district court in the county of residence of the proposed patient a statement of any court costs incurred by the county of the district court issuing the order and, if the county of residence is not the receiving county, a facsimile or electronic copy of the entire file of the case.
(c) Any district court to which venue is transferred shall proceed in the case as if the petition had been originally filed therein and shall cause notice of the change of venue to be given to the persons named in and in the same manner as provided for in K.S.A. 59-29b63, and amendments thereto. In the event that notice of a change of location of a hearing due to a change of venue cannot be served at least 48 hours prior to any hearing previously scheduled by the transferring court or because of scheduling conflicts the hearing can not be held by the receiving court on the previously scheduled date, then the receiving court shall continue the hearing for up to seven full working days to allow adequate time for notice to be given and the hearing held.
(d) Any district court to which venue is transferred, if not in the county of residence of the patient, shall transmit to the district court in the county of residence of the patient a statement of any court costs incurred and a facsimile or electronic copy of all pleadings and orders entered in the case after transfer.
History: L. 1998, ch. 134, § 26; L. 2009, ch. 116, § 21; L. 2010, ch. 5, § 8; March 11.
(a) When any proposed patient or involuntary patient has been admitted to any treatment facility pursuant to K.S.A. 59-29b54, 59-29b58, 59-29b59, 59-29b64, 59-29b66 or 59-29b67 and amendments thereto, the head of the treatment facility shall discharge and release the patient when the patient is no longer in need of treatment.
(b) Nothing in this section shall be construed to amend or modify or repeal any law relating to the confinement of persons charged with or convicted of a criminal offense.
History: L. 1998, ch. 134, § 27; July 1.
The head of the treatment facility shall notify, in writing, the patient, the patient's attorney, the petitioner or the petitioner's attorney, the county or district attorney as appropriate, and the district court which has jurisdiction over the patient of the patient's discharge pursuant to K.S.A. 59-29b73, and amendments thereto. When a notice of discharge is received, the court shall file the same which shall terminate the proceedings, unless there has been issued a superseding inpatient or outpatient treatment order not being discharged by the notice. Whenever a person who is involuntarily committed to a state psychiatric hospital is released by order of the court of termination of the case, the court shall review the case upon request of the patient, and may order the issuance of the certificate of restoration pursuant to K.S.A. 75-7c26, and amendments thereto. If the court issues such release or termination and certificate, the court shall order the clerk of the district court to report the release or termination of the case and the certificate of restoration to the Kansas bureau of investigation within five days after the order.
History: L. 1998, ch. 134, § 28; L. 2006, ch. 210, § 21; July 1, 2007.
If any involuntary patient leaves the place of the patient's detention or treatment without the authority of the head of the treatment facility, the head of the treatment facility shall notify the sheriff of the county in which the treatment facility is located of the involuntary patient's unauthorized absence and request that the patient be taken into custody and returned to the treatment facility. If oral notification is given, it shall be confirmed in writing as soon thereafter as reasonably possible.
History: L. 1998, ch. 134, § 29; July 1.
(a) Medications and other treatments shall be prescribed, ordered and administered only in conformity with accepted clinical practice. Medication shall be administered only upon the written order of a physician or upon a verbal order noted in the patient's medical records and subsequently signed by the physician. The attending physician shall review regularly the drug regimen of each patient under the physician's care and shall monitor any symptoms of harmful side effects. Prescriptions for psychotropic medications shall be written with a termination date not exceeding 30 days thereafter but may be renewed.
(b) During the course of treatment the responsible physician or psychologist or such person's designee shall reasonably consult with the patient, the patient's legal guardian, or a minor patient's parent and give consideration to the views the patient, legal guardian or parent expresses concerning treatment and any alternatives. No medication or other treatment may be administered to any voluntary patient without the patient's consent, or the consent of such patient's legal guardian or of such patient's parent if the patient is a minor.
(c) Consent for medical or surgical treatments not intended primarily to treat a patient's alcohol or substance abuse disorder shall be obtained in accordance with applicable law.
(d) Whenever any patient is receiving treatment pursuant to K.S.A. 59-29b54, 59-29b58, 59-29b59, 59-29b64, 59-29b66 or 59-29b67 and amendments thereto, and the treatment facility is administering to the patient any medication or other treatment which alters the patient's mental state in such a way as to adversely affect the patient's judgment or hamper the patient in preparing for or participating in any hearing provided for by this act, then two days prior to and during any such hearing, the treatment facility may not administer such medication or other treatment unless such medication or other treatment is necessary to sustain the patient's life or to protect the patient or others. Prior to the hearing, a report of all such medications or other treatment which have been administered to the patient, along with a copy of any written consent(s) which the patient may have signed, shall be submitted to the court. Counsel for the patient may preliminarily examine the attending physician regarding the administration of any medication to the patient within two days of the hearing with regard to the affect that medication may have had upon the patient's judgment or ability to prepare for or participate in the hearing. On the basis thereof, if the court determines that medication or other treatment has been administered which adversely affects the patient's judgment or ability to prepare for or participate in the hearing, the court may grant to the patient a reasonable continuance in order to allow for the patient to be better able to prepare for or participate in the hearing and the court shall order that such medication or other treatment be discontinued until the conclusion of the hearing, unless the court finds that such medication or other treatment is necessary to sustain the patient's life or to protect the patient or others, in which case the court shall order that the hearing proceed.
(e) Whenever a patient receiving treatment pursuant to K.S.A. 59-29b54, 59-29b58, 59-29b59, 59-29b64, 59-29b66 or 59-29b67 and amendments thereto, objects to taking any medication prescribed for such treatment, and after full explanation of the benefits and risks of such medication continues their objection, the medication may be administered over the patient's objection; except that the objection shall be recorded in the patient's medical record and at the same time written notice thereof shall be forwarded to the medical director of the treatment facility or the director's designee. Within five days after receiving such notice, excluding Saturdays, Sundays and legal holidays, the medical director or designee shall deliver to the patient and the patient's physician the medical director's or designee's written decision concerning the administration of that medication, and a copy of that decision shall be placed in the patient's medical record.
(f) In no case shall experimental medication be administered without the patient's consent, which consent shall be obtained in accordance with subsection (a)(6) of K.S.A. 59-29b78 and amendments thereto.
History: L. 1998, ch. 134, § 30; July 1.
(a) Restraints or seclusion shall not be applied to a patient unless it is determined by the head of the treatment facility or a physician or psychologist to be necessary to prevent immediate substantial bodily injury to the patient or others and that other alternative methods to prevent such injury are not sufficient to accomplish this purpose. Restraint or seclusion shall never be used as a punishment or for the convenience of staff. The extent of the restraint or seclusion applied to the patient shall be the least restrictive measure necessary to prevent such injury to the patient or others, and the use of restraint or seclusion in a treatment facility shall not exceed 3 hours without medical reevaluation, except that such medical reevaluation shall not be required, unless necessary, between the hours of 12:00 midnight and 8:00 a.m. When restraints or seclusion are applied, there shall be monitoring of the patient's condition at a frequency determined by the treating physician or psychologist, which shall be no less than once per each 15 minutes. The head of the treatment facility or a physician or psychologist shall sign a statement explaining the treatment necessity for the use of any restraint or seclusion and shall make such statement a part of the permanent treatment record of the patient.
(b) The provisions of subsection (a) shall not prevent, for a period not exceeding 2 hours without review and approval thereof by the head of the treatment facility or a physician or psychologist:
(1) The use of such restraints as necessary for a patient who is likely to cause physical injury to self or others without the use of such restraints;
(2) the use of restraints when needed primarily for examination or treatment or to insure the healing process; or
(3) the use of seclusion as part of a treatment methodology that calls for time out when the patient is refusing to participate in a treatment or has become disruptive of a treatment process.
(c) "Restraints" means the application of any devices, other than human force alone, to any part of the body of the patient for the purpose of preventing the patient from causing injury to self or others.
(d) "Seclusion" means the placement of a patient, alone, in a room, where the patient's freedom to leave is restricted and where the patient is not under continuous observation.
History: L. 1998, ch. 134, § 31; July 1.
(a) Every patient being treated in any treatment facility, in addition to all other rights preserved by the provisions of this act, shall have the following rights:
(1) To wear the patient's own clothes, keep and use the patient's own personal possessions including toilet articles and keep and be allowed to spend the patient's own money;
(2) to communicate by all reasonable means with a reasonable number of persons at reasonable hours of the day and night, including both to make and receive confidential telephone calls, and by letter, both to mail and receive unopened correspondence, except that if the head of the treatment facility should deny a patient's right to mail or to receive unopened correspondence under the provisions of subsection (b), such correspondence shall be opened and examined in the presence of the patient;
(3) to conjugal visits if facilities are available for such visits;
(4) to receive visitors in reasonable numbers and at reasonable times each day;
(5) to refuse involuntary labor other than the housekeeping of the patient's own bedroom and bathroom, provided that nothing herein shall be construed so as to prohibit a patient from performing labor as a part of a therapeutic program to which the patient has given their written consent and for which the patient receives reasonable compensation;
(6) not to be subject to such procedures as psychosurgery, electroshock therapy, experimental medication, aversion therapy or hazardous treatment procedures without the written consent of the patient or the written consent of a parent or legal guardian, if such patient is a minor or has a legal guardian provided that the guardian has obtained authority to consent to such from the court which has venue over the guardianship following a hearing held for that purpose;
(7) to have explained, the nature of all medications prescribed, the reason for the prescription and the most common side effects and, if requested, the nature of any other treatments ordered;
(8) to communicate by letter with the secretary for aging and disability services, the head of the treatment facility and any court, attorney, physician, psychologist, licensed addiction counselor or minister of religion, including a Christian Science practitioner. All such communications shall be forwarded at once to the addressee without examination and communications from such persons shall be delivered to the patient without examination;
(9) to contact or consult privately with the patient's physician or psychologist, licensed addiction counselor, minister of religion, including a Christian Science practitioner, legal guardian or attorney at any time and if the patient is a minor, their parent;
(10) to be visited by the patient's physician, psychologist, licensed addiction counselor, minister of religion, including a Christian Science practitioner, legal guardian or attorney at any time and if the patient is a minor, their parent;
(11) to be informed orally and in writing of their rights under this section upon admission to a treatment facility; and
(12) to be treated humanely consistent with generally accepted ethics and practices.
(b) The head of the treatment facility may, for good cause only, restrict a patient's rights under this section, except that the rights enumerated in subsections (a)(5) through (a)(12), and the right to mail any correspondence which does not violate postal regulations, shall not be restricted by the head of the treatment facility under any circumstances. Each treatment facility shall adopt regulations governing the conduct of all patients being treated in such treatment facility, which regulations shall be consistent with the provisions of this section. A statement explaining the reasons for any restriction of a patient's rights shall be immediately entered on such patient's medical record and copies of such statement shall be made available to the patient or to the parent, or legal guardian if such patient is a minor or has a legal guardian, and to the patient's attorney. In addition, notice of any restriction of a patient's rights shall be communicated to the patient in a timely fashion.
(c) Any person willfully depriving any patient of the rights protected by this section, except for the restriction of such rights in accordance with the provisions of subsection (b) or in accordance with a properly obtained court order, shall be guilty of a class C misdemeanor.
History: L. 1998, ch. 134, § 32; L. 2014, ch. 115, § 223; L. 2017, ch. 77, § 22; July 1.
(a) The district court records, and any treatment records or medical records of any patient or former patient that are in the possession of any district court or treatment facility shall be privileged and shall not be disclosed except:
(1) Upon the written consent of (A) the patient or former patient, if an adult who has no legal guardian; (B) the patient's or former patient's legal guardian, if one has been appointed; or (C) a parent, if the patient or former patient is under 18 years of age, except that a patient or former patient who is 14 or more years of age and who was voluntarily admitted upon their own application made pursuant to subsection (b)(2)(B) of K.S.A. 59-29b49, and amendments thereto, shall have capacity to consent to release of their records without parental consent. The head of any treatment facility who has the records may refuse to disclose portions of such records if the head of the treatment facility states in writing that such disclosure will be injurious to the welfare of the patient or former patient.
(2) Upon the sole consent of the head of the treatment facility who has the records if the head of the treatment facility makes a written determination that such disclosure is necessary for the treatment of the patient or former patient.
(3) To any state or national accreditation agency or for a scholarly study, but the head of the treatment facility shall require, before such disclosure is made, a pledge from any state or national accreditation agency or scholarly investigator that such agency or investigator will not disclose the name of any patient or former patient to any person not otherwise authorized by law to receive such information.
(4) Upon the order of any court of record after a determination has been made by the court issuing the order that such records are necessary for the conduct of proceedings before the court and are otherwise admissible as evidence.
(5) In proceedings under this act, upon the oral or written request of any attorney representing the patient, or former patient.
(6) To the state central repository at the Kansas bureau of investigation for use only in determining eligibility to purchase and possess firearms or qualifications for licensure pursuant to the personal and family protection act.
(7) As otherwise provided for in this act.
(b) To the extent the provisions of K.S.A. 65-5601 through 65-5605, inclusive, and amendments thereto, are applicable to treatment records or medical records of any patient or former patient, the provisions of K.S.A. 65-5601 through 65-5605, inclusive, and amendments thereto, shall control the disposition of information contained in such records.
(c) Willful violation of this section is a class C misdemeanor.
History: L. 1998, ch. 134, § 33; L. 2007, ch. 166, § 3; May 3.
Any person or law enforcement agency, governing body, community mental health center or personnel acting in good faith and without negligence shall be free from all liability, civil or criminal, that might arise out of acting or declining to act pursuant to this act. Any person who for a corrupt consideration or advantage, or through malice, shall make or join in making or advise the making of any false petition, report or order provided for in this act shall be guilty of a class A misdemeanor.
History: L. 1998, ch. 134, § 34; L. 2017, ch. 77, § 23; July 1.
In each proceeding the court shall allow and order paid to any individual or treatment facility as part of the costs thereof a reasonable fee and expenses for any professional services ordered performed by the court pursuant to this act, and including the fee of counsel for the patient when counsel is appointed by the court and the costs of the county or district attorney incurred in cases involving change of venue. Other costs and fees shall be allowed and paid as are allowed by law for similar services in other cases. The costs shall be taxed to the estate of the patient, to those bound by law to support such patient or to the county of the residence of the patient as the court having jurisdiction shall direct, except that if a proposed patient is found not to be a person with an alcohol or substance abuse problem subject to involuntary commitment under this act, the costs shall not be assessed against such patient's estate but may at the discretion of the court be assessed against the petitioner or may be paid from the general fund of the county of the residence of the proposed patient. Any district court receiving a statement of costs from another district court shall forthwith approve the same for payment out of the general fund of its county except that it may refuse to approve the same for payment only on the ground that the patient is not a resident of that county. In such case it shall transmit the statement of costs to the secretary for aging and disability services who shall determine the question of residence and certify the secretary's findings to each district court. Whenever a district court has sent a statement of costs to the district court of another county and such costs have not been paid within 90 days after the statement was sent, the district court that sent the statement may transmit such statement of costs to the secretary for determination and certification as provided in this section. If the claim for costs is not paid within 30 days after such certification, an action may be maintained thereon by the claimant county in the district court of the claimant county against the debtor county. The findings made by the secretary for aging and disability services as to the residence of the patient shall be applicable only to the assessment of costs. Any county of residence which pays from its general fund court costs to the district court of another county may recover the same in any court of competent jurisdiction from the estate of the patient or from those bound by law to support such patient, unless the court shall find that the proceedings in which such costs were incurred were instituted without probable cause and not in good faith.
History: L. 1998, ch. 134, § 35; L. 2014, ch. 115, § 224; July 1.
In the event of the death of a patient in a treatment facility, the head of the treatment facility shall immediately give notice of the date, time, place and cause of such death, to the extent known, to the nearest known relative of the patient, and, as appropriate, to the court having jurisdiction over the patient, the attorney for the patient, and to the county or district attorney and as otherwise provide for by law, to the coroner for the county in which the patient died.
History: L. 1998, ch. 134, § 36; July 1.
Nothing in this act shall be construed to apply to any person alleged or thought to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act who is in custody on a criminal charge, except with the consent of either the prosecuting attorney or trial court.
History: L. 1998, ch. 134, § 37; July 1.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1998, ch. 134, § 38; July 1.
The provisions of K.S.A. 59-29c01 through 59-29c14, and amendments thereto, shall be known and may be cited as the crisis intervention act.
History: L. 2017, ch. 77, § 1; July 1.
When used in the crisis intervention act:
(a) "Behavioral health professional" includes a physician, physician assistant, psychologist, qualified mental health professional or licensed addiction counselor.
(b) "Head of a crisis intervention center" means the administrative director of a crisis intervention center or a behavioral health professional designated by such person.
(c) "Law enforcement officer" shall have the meaning ascribed to it in K.S.A. 22-2202, and amendments thereto.
(d) "Licensed addiction counselor" shall have the meaning ascribed to it in K.S.A. 59-29b46(d), (e) or (f), and amendments thereto.
(e) "Crisis intervention center" means any entity licensed by the Kansas department for aging and disability services that is open 24 hours a day, 365 days a year, equipped to serve voluntary and involuntary individuals in crisis due to mental illness, substance abuse or a co-occurring condition, and that uses certified peer specialists.
(f) "Crisis intervention center service area" means the counties to which the crisis intervention center has agreed to provide service.
(g) "Physician" means a person licensed to practice medicine and surgery as provided for in the Kansas healing arts act or a person who is employed by a state psychiatric hospital or by an agency of the United States and who is authorized by law to practice medicine and surgery within such hospital or agency.
(h) "Psychologist" means a licensed psychologist, as defined by K.S.A. 74-5302, and amendments thereto.
(i) "Qualified mental health professional" shall have the meaning ascribed to it in K.S.A. 59-2946(j), and amendments thereto.
(j) "Treatment" means any service intended to promote the mental health of the patient and rendered by a qualified professional, licensed or certified by the state to provide such service as an independent practitioner or under the supervision of such practitioner; and the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological and social service care, vocational rehabilitation and career counseling, which may be extended to persons with an alcohol or substance abuse problem.
(k) "Domestic partner" means a person with whom another person maintains a household and an intimate relationship, other than a person to whom such person is legally married.
(l) "Physician assistant" means a person licensed to practice medicine and surgery as a physician assistant by the state board of healing arts.
History: L. 2017, ch. 77, § 2; July 1.
(a) The fact that a person has been detained for emergency observation and treatment under this act shall not be construed to mean that such person shall have lost any civil right such person would otherwise have as a resident or citizen, any property right or legal capacity, except as may be specified within any court order or as otherwise limited by the provisions of this act or the reasonable policies which the head of a crisis intervention center may, for good cause shown, find necessary to make for the orderly operations of that facility. No person held in custody under the provisions of this act shall be denied the right to apply for a writ of habeas corpus. No judicial action taken as part of the procedure provided in K.S.A. 59-29c08(c), and amendments thereto, shall constitute a finding by the court.
(b) There shall be no implication or presumption that a patient within the terms of this act is, for that reason alone, a person in need of a guardian or a conservator, or both, as provided in the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto.
History: L. 2017, ch. 77, § 3; L. 2025, ch. 40, § 156; January 1, 2026.
Nothing in this act shall be construed to prohibit a person with capacity to do so from making an application for admission as a voluntary patient to a crisis intervention center. Any person desiring to do so shall be afforded an opportunity to consult with such person's attorney prior to making any such application. If the head of the crisis intervention center accepts the application and admits the person as a voluntary patient, then the head of the crisis intervention center shall notify, in writing, the person's legal guardian, if known.
History: L. 2017, ch. 77, § 4; July 1.
Any law enforcement officer who takes a person into custody pursuant to K.S.A. 59-2953 or 59-29b53, and amendments thereto, may transport such person to a crisis intervention center if the officer is in a crisis intervention center service area. The crisis intervention center shall not refuse to accept any person for evaluation if such person is brought to the crisis intervention center by a law enforcement officer and such officer's jurisdiction is in the crisis intervention center's service area. If a law enforcement officer is not in a crisis intervention center service area or chooses not to transport the person to a crisis intervention center, then the officer shall follow the procedures set forth in the care and treatment act for persons with an alcohol or substance abuse problem, K.S.A. 59-29b45 et seq., and amendments thereto.
History: L. 2017, ch. 77, § 5; July 1.
(a) A crisis intervention center may admit and detain any person 18 years of age or older who is presented for emergency observation and treatment upon the written application of a law enforcement officer.
(b) An emergency observation and treatment application shall be made on a form set forth by the secretary for aging and disability services or a locally developed form approved by the secretary. The original application shall be kept in the regular course of business with the law enforcement agency, and a copy shall be provided to the crisis intervention center and to the patient. The application shall state:
(1) The name and address of the person sought to be admitted, if known;
(2) the name and address of the person's spouse, domestic partner or nearest relative, if known;
(3) the applicant's belief that the person may be a mentally ill person subject to involuntary commitment as defined in K.S.A. 59-2946, and amendments thereto, a person with an alcohol or substance abuse problem subject to involuntary commitment as defined in K.S.A. 59-29b46, and amendments thereto, or a person with co-occurring conditions, and because of such mental illness, alcohol or substance abuse problem or co-occurring conditions, is likely to cause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that belief and the factual circumstances under which the person was taken into custody, including any known pending criminal charges; and
(5) whether the person has a wellness recovery action plan or psychiatric advance directive, if known.
History: L. 2017, ch. 77, § 6; July 1.
(a) A crisis intervention center may evaluate, admit and detain any person 18 years of age or older who is presented for emergency observation and treatment upon the written application of any adult.
(b) An emergency observation and treatment application shall be made on a form set forth by the secretary for aging and disability services or a locally developed form approved by the secretary. The original application shall be kept by the applicant, and a copy shall be provided to the crisis intervention center and to the patient. The application shall state:
(1) The name and address of the person sought to be admitted, if known;
(2) the name and address of the person's spouse, domestic partner or nearest relative, if known;
(3) the applicant's belief that the person may be a mentally ill person subject to involuntary commitment as defined in K.S.A. 59-2956, and amendments thereto, a person with an alcohol or substance abuse problem subject to involuntary commitment as defined in K.S.A. 59-29b46, and amendments thereto, or a person with co-occurring conditions, and because of such mental illness, alcohol or substance abuse problem or co-occurring conditions, is likely to cause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that belief and the factual circumstances under which the person was presented to the crisis intervention center;
(5) any known pending criminal charges;
(6) any known prior psychiatric, medical or substance use history; and
(7) whether the person has a wellness recovery action plan or psychiatric advance directive, if known.
History: L. 2017, ch. 77, § 7; July 1.
(a) The head of the crisis intervention center shall evaluate a person admitted pursuant to this act within four hours of admission to determine whether the person is likely to be a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, a person with an alcohol and substance abuse problem subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-29b46, and amendments thereto, or a person with co-occurring conditions, and because of such mental illness, alcohol or substance abuse problem or co-occurring conditions, is likely to cause harm to self or others if allowed to remain at liberty. The head of the crisis intervention center shall inquire whether the person has a wellness recovery action plan or psychiatric advance directive.
(b) A behavioral health professional shall evaluate a person admitted pursuant to this act not later than 23 hours after admission and again not later than 48 hours after admission to determine if the person continues to meet the criteria described in subsection (a). The 23-hour evaluation must be performed by a different behavioral health professional from the one who conducted the initial evaluation under subsection (a).
(c) Not later than 48 hours after admission, if the head of the crisis intervention center determines that the person continues to meet the criteria described in subsection (a), then the head of the crisis intervention center shall file an affidavit to that effect for review by the district court in the county where the crisis intervention center is located. The affidavit shall include or be accompanied by the written application for emergency observation and treatment, information about the person's original admission to the crisis intervention center, the care and treatment provided to the person, and the factual circumstances in support of the evaluating professional's opinion that the person meets the criteria described in subsection (a). After reviewing the affidavit and any accompanying documentation, the court shall order the release of the person or order that the person may continue to be detained and treated at the crisis intervention center, subject to subsections (d) and (e).
(d) The head of the crisis intervention center shall discharge a person admitted pursuant to this act at any time the person no longer meets the criteria described in subsection (a) and, except as provided in subsection (e), not later than 72 hours after admission. Upon discharge, the crisis intervention center shall make reasonable accommodations for the person's transportation.
(e) Not later than 72 hours after admission, if the head of the crisis intervention center determines that a person admitted pursuant to this act continues to meet the criteria described in subsection (a), then the head of the crisis intervention center shall immediately file the petition provided for in K.S.A. 59-2957, and amendments thereto, or K.S.A. 59-29b57, and amendments thereto, and shall find appropriate placement for the individual, including, but not limited to, community hospitals equipped to take involuntary commitments or the designated state hospital. If the 72-hour period ends after 5 p.m., then the petition must be filed by the close of business of the first day thereafter that the district court is open for the transaction of business.
History: L. 2017, ch. 77, § 8; July 1.
(a) Whenever any person is involuntarily admitted to or detained at a crisis intervention center pursuant to this act, the head of the crisis intervention center shall:
(1) Immediately advise the person in custody that such person is entitled to immediately contact the person's legal counsel, legal guardian, personal physician or psychologist, minister of religion, including a Christian Science practitioner, or immediate family as defined in subsection (b) or any combination thereof. If the person desires to make such contact, the head of the crisis intervention center shall make available to the person reasonable means for making such immediate communication;
(2) provide notice of the person's involuntary admission including a copy of the documentation authorizing the involuntary admission to that person's attorney or legal guardian, immediately upon learning of the existence and whereabouts of such attorney or legal guardian, unless that attorney or legal guardian was the person who signed the application resulting in the patient's admission. If authorized by the patient pursuant to K.S.A. 65-5601 through 65-5605, and amendments thereto, the head of the crisis intervention center also shall provide notice to the patient's immediate family, as defined in subsection (b), immediately upon learning of the existence and whereabouts of such family, unless the family member to be notified was the person who signed the application resulting in the patient's admission; and
(3) immediately advise the person in custody of such person's rights provided for in K.S.A. 59-29c14, and amendments thereto.
(b) "Immediate family" means the spouse, domestic partner, adult children or children, parent or parents, and sibling or siblings, or any combination thereof.
History: L. 2017, ch. 77, § 9; July 1.
(a) Medications and other treatments shall be prescribed, ordered and administered only in conformity with accepted clinical practice. Medication shall be administered only upon the written order of a physician or upon a verbal order noted in the patient's medical records and subsequently signed by the physician. The attending physician shall review regularly the drug regimen of each patient under the physician's care and shall monitor any symptoms or harmful side effects. Prescriptions for psychotropic medications shall be written with a termination date not exceeding 30 days thereafter, but may be renewed.
(b) During the course of treatment, the responsible physician or psychologist or such person's designee shall reasonably consult with the patient or the patient's legal guardian and give consideration to the views the patient or legal guardian expresses concerning treatment and any alternatives, including views expressed in any wellness recovery action plan or psychiatric advance directive. No medication or other treatment may be administered to any voluntary patient without the patient's consent or the consent of such patient's legal guardian.
(c) Consent for medical or surgical treatments not intended primarily to treat a patient's mental disorder shall be obtained in accordance with applicable law.
(d) Whenever a patient receiving treatment pursuant to this act objects to taking any medication prescribed for psychiatric treatment, and after full explanation of the benefits and risks of such medication such objection continues, the medication may be administered over the patient's objection. Such objection shall be recorded in the patient's medical record.
(e) In no case shall experimental medication be administered without the patient's consent, which consent shall be obtained in accordance with K.S.A. 59-29c12(a)(6), and amendments thereto.
History: L. 2017, ch. 77, § 10; July 1.
(a) Restraints or seclusion shall not be applied to a patient unless it is determined by the head of the crisis intervention center or a physician or psychologist to be necessary to prevent immediate substantial bodily injury to the patient or others and that other alternative methods to prevent such injury are not sufficient to accomplish this purpose. Restraints or seclusion shall never be used as a punishment or for the convenience of staff. The extent of the restraints or seclusion applied to the patient shall be the least restrictive measure necessary to prevent such injury to the patient or others, and the use of restraint or seclusion in a crisis intervention center shall not exceed three hours without medical reevaluation, except that such medical reevaluation shall not be required, unless necessary, between the hours of 12:00 midnight and 8:00 a.m. When restraints or seclusion are applied, there shall be monitoring of the patient's condition at a frequency determined by the treating physician or psychologist, which shall be no less than once per each 15 minutes. The head of the crisis intervention center or a physician or psychologist shall sign a statement explaining the treatment necessity for the use of any restraint or seclusion and shall make such statement a part of the permanent treatment record of the patient.
(b) The provisions of subsection (a) shall not prevent, for a period not exceeding two hours without review and approval thereof by the head of the crisis intervention center or a physician or psychologist:
(1) The use of such restraints as necessary for a patient who is likely to cause physical injury to self or others without the use of such restraints;
(2) the use of restraints when needed primarily for examination or treatment or to ensure the healing process; or
(3) the use of seclusion as part of a treatment methodology that calls for time out when the patient is refusing to participate in treatment or has become disruptive of a treatment process.
(c) As used in this section:
(1) "Restraints" means the application of any device, other than human force alone, to any part of the body of the patient for the purpose of preventing the patient from causing injury to self or others; and
(2) "seclusion" means the placement of a patient, alone, in a room, where the patient's freedom to leave is restricted and where the patient is not under continuous observation.
History: L. 2017, ch. 77, § 11; July 1.
(a) Every patient being treated in any crisis intervention center, in addition to all other rights preserved by the provisions of the crisis intervention act, shall have the following rights:
(1) To wear the patient's own clothes, keep and use the patient's own personal possessions, including toilet articles, and keep and be allowed to spend the patient's own money;
(2) to communicate by all reasonable means with a reasonable number of persons at reasonable hours of the day and night, including both to make and receive confidential telephone calls and by letter, both to mail and receive unopened correspondence, except that if the head of the crisis intervention center denies a patient's right to mail or to receive unopened correspondence under the provisions of subsection (b), such correspondence shall be opened and examined in the presence of the patient;
(3) conjugal visits, if facilities are available for such visits;
(4) to receive visitors in reasonable numbers and at reasonable times each day;
(5) to refuse involuntary labor other than the housekeeping of the patient's own bedroom and bathroom, provided that nothing herein shall be construed to prohibit a patient from performing labor as part of a therapeutic program to which the patient has given their written consent and for which the patient receives reasonable compensation;
(6) not to be subject to such procedures as psychosurgery, electroshock therapy, experimental medication, aversion therapy or hazardous treatment procedures without the written consent of the patient;
(7) to have explained the nature of all medications prescribed, the reason for the prescription and the most common side effects and, if requested, the nature of any other treatment ordered;
(8) to communicate by letter with the secretary for aging and disability services, the head of the crisis intervention center and any court, attorney, physician, psychologist, qualified mental health professional, licensed addiction counselor or minister of religion, including a Christian Science practitioner. All such communications shall be forwarded at once to the addressee without examination and communications from such persons shall be delivered to the patient without examination;
(9) to contact and consult privately with the patient's physician, psychologist, qualified mental health professional, licensed addiction counselor, minister of religion, including a Christian Science practitioner, legal guardian or attorney at any time;
(10) to be visited by the patient's physician, psychologist, qualified mental health professional, licensed addiction counselor, minister of religion, including a Christian Science practitioner, legal guardian or attorney at any time;
(11) to be informed orally and in writing of such patient's rights under this section upon admission to a crisis intervention center; and
(12) to be treated humanely, consistent with generally accepted ethics and practices.
(b) The head of the crisis intervention center may, for good cause only, restrict a patient's rights under this section, except that the rights enumerated in subsection (a)(5) through (12), and the right to mail any correspondence that does not violate postal regulations, shall not be restricted by the head of the crisis intervention center under any circumstances. Each crisis intervention center shall adopt policies governing the conduct of all patients being treated in such crisis intervention center, which regulations shall be consistent with the provisions of this section. A statement explaining the reasons for any restriction of a patient's rights shall be immediately entered on such patient's medical record and copies of such statement shall be made available to the patient, and to the patient's attorney. In addition, notice of any restriction of a patient's rights shall be communicated to the patient in a timely manner.
(c) Any person willfully depriving any patient of the rights protected by this section, except for the restriction of such rights in accordance with the provisions of subsection (b) or in accordance with a properly obtained court order, shall be guilty of a class C misdemeanor.
History: L. 2017, ch. 77, § 12; July 1.
Any district court records and any treatment records or medical records of any person who has been admitted to a crisis intervention center pursuant to this act that are in the possession of any district court or crisis intervention center treatment facility shall be privileged and shall be not disclosed except as provided under K.S.A. 59-2979, and amendments thereto.
History: L. 2017, ch. 77, § 13; July 1.
Any person or law enforcement agency, governing body, crisis intervention center, community mental health center or personnel acting in good faith and without negligence shall be free from all liability, civil or criminal, that might arise out of acting or declining to act pursuant to the crisis intervention act. Any person who, for a corrupt consideration or advantage, or through malice, shall make or join in making or advise the making of any false petition, report or order provided for in the crisis intervention act, shall be guilty of a class A misdemeanor.
History: L. 2017, ch. 77, § 14; July 1.
History: L. 1965, ch. 347, § 1; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 2; L. 1983, ch. 191, § 1; L. 1985, ch. 114, § 27; L. 1986, ch. 211, § 35; L. 1996, ch. 167, § 56; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 3; L. 1975, ch. 300, § 1; L. 1983, ch. 191, § 2; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 4; L. 1976, ch. 242, § 86; L. 1989, ch. 175, § 1; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 5; L. 1976, ch. 242, § 87; Repealed, L. 1983, ch. 191, § 30; July 1.
History: L. 1965, ch. 347, § 6; L. 1976, ch. 242, § 88; L. 1983, ch. 191, § 3; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 7; L. 1976, ch. 242, § 89; L. 1983, ch. 191, § 4; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 8; L. 1983, ch. 191, § 5; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 9; L. 1967, ch. 320, § 1; L. 1976, ch. 242, § 90; L. 1983, ch. 191, § 6; L. 1986, ch. 213, § 2; L. 1994, ch. 243, § 1; L. 1996, ch. 77, § 1; L. 2000, ch. 171, § 77; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 10; L. 1967, ch. 320, § 2; L. 1976, ch. 242, § 91; L. 1983, ch. 191, § 7; L. 1994, ch. 243, § 2; L. 1996, ch. 167, § 57; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 11; L. 1973, ch. 186, § 30; L. 1976, ch. 242, § 92; L. 1983, ch. 191, § 8; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 12; L. 1972, ch. 219, § 1; L. 1973, ch. 186, § 31; L. 1980, ch. 182, § 17; L. 1982, ch. 357, § 20; L. 1983, ch. 191, § 9; L. 1994, ch. 243, § 3; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 13; L. 1967, ch. 320, § 3; L. 1983, ch. 191, § 10; L. 1996, ch. 167, § 58; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 14; L. 1983, ch. 191, § 11; L. 1986, ch. 213, § 3; L. 1989, ch. 175, § 2; L. 1996, ch. 77, § 2; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 15; L. 1983, ch. 191, § 12; L. 1984, ch. 51, § 7; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 16; L. 1976, ch. 242, § 93; L. 1983, ch. 191, § 13; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 17; L. 1983, ch. 191, § 26; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 18; L. 1983, ch. 191, § 14; L. 1983, ch. 192, § 1; L. 1986, ch. 211, § 36; L. 1993, ch. 193, § 3; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1986, ch. 211, § 37; L. 1996, ch. 167, § 59; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 19; L. 1972, ch. 220, § 1; L. 1974, ch. 99, § 2; L. 1976, ch. 244, § 2; L. 1988, ch. 200, § 2; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 20; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 21; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 22; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 23; L. 1976, ch. 242, § 94; L. 1983, ch. 191, § 15; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, §§ 24, 25; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 26; L. 1970, ch. 231, § 1; L. 1976, ch. 242, § 95; L. 1983, ch. 191, § 16; L. 1997, ch. 87, § 1; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 27; L. 1967, ch. 321, § 1; L. 1976, ch. 242, § 96; L. 1983, ch. 191, § 17; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 28; L. 1983, ch. 191, § 18; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 29; L. 1980, ch. 169, § 1; L. 1983, ch. 191, § 19; L. 1985, ch. 191, § 55; L. 1986, ch. 213, § 4; L. 1996, ch. 77, § 3; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 30; L. 1983, ch. 191, § 27; L. 1989, ch. 173, § 7; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 31; L. 1983, ch. 191, § 28; L. 1989, ch. 173, § 8; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 32; L. 1976, ch. 242, § 97; L. 1983, ch. 191, § 29; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1965, ch. 347, § 33; Repealed, L. 1983, ch. 191, § 30; July 1.
History: L. 1965, ch. 347, § 34; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1983, ch. 191, § 20; L. 1987, ch. 213, § 1; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1983, ch. 191, § 21; L. 1998, ch. 200, § 13; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1983, ch. 191, §§ 24, 25; Repealed, L. 2002, ch. 114, § 81; July 1.
History: L. 1998, ch. 113, § 1; Repealed, L. 2002, ch. 114, § 81; July 1.
History:
L. 2002, ch. 114, § 1; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3050.
History:
L. 2002, ch. 114, § 2; L. 2008, ch. 64, § 1; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3051.
History:
L. 2002, ch. 114, § 3; L. 2010, ch. 135, § 63; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3052.
History:
L. 2002, ch. 114, § 4; L. 2023, ch. 65, § 4; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3053.
History:
L. 2002, ch. 114, § 5; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3054.
History:
L. 2002, ch. 114, § 6; L. 2023, ch. 65, § 5; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3055.
History:
L. 2002, ch. 114, § 7; L. 2008, ch. 64, § 2; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3056.
History:
L. 2002, ch. 114, § 8; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3057.
History:
L. 2002, ch. 114, § 9; L. 2008, ch. 64, § 3; L. 2010, ch. 52, § 2; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3058.
History:
L. 2002, ch. 114, § 10; L. 2006, ch. 200, § 104; L. 2008, ch. 64, § 4; L. 2010, ch. 52, § 3; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3059.
History:
L. 2002, ch. 114, § 11; L. 2006, ch. 200, § 105; L. 2008, ch. 64, § 5; L. 2010, ch. 52, § 4; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3060.
History:
L. 2002, ch. 114, § 12; L. 2008, ch. 64, § 6; L. 2010, ch. 52, § 5; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3061.
History:
L. 2002, ch. 114, § 13; L. 2008, ch. 64, § 7; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3062.
History:
L. 2002, ch. 114, § 14; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3063.
History:
L. 2002, ch. 114, § 15; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3064.
History:
L. 2002, ch. 114, § 16; L. 2014, ch. 115, § 225; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3065.
History:
L. 2002, ch. 114, § 17; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3066.
History:
L. 2002, ch. 114, § 18; L. 2014, ch. 115, § 226; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3067.
History:
L. 2002, ch. 114, § 19; L. 2008, ch. 64, § 8; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3068.
History:
L. 2002, ch. 114, § 20; L. 2008, ch. 150, § 6; L. 2014, ch. 115, § 227; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3069.
History:
L. 2002, ch. 114, § 21; L. 2014, ch. 115, § 228; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3070.
History:
L. 2002, ch. 114, § 22; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3071.
History:
L. 2002, ch. 114, § 23; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3072.
History:
L. 2002, ch. 114, § 24; L. 2010, ch. 11, § 13; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3073.
History:
L. 2002, ch. 114, § 25; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3074.
History:
L. 2002, ch. 114, § 26; L. 2007, ch. 127, § 30; L. 2017, ch. 19, § 22; L. 2023, ch. 65, § 6; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3075.
History:
L. 2002, ch. 114, § 27; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: 59-3076.
History: L. 2002, ch. 114, § 28; L. 2012, ch. 91, § 38; L. 2016, ch. 92, § 84; L. 2018, ch. 71, § 20; L. 2025, ch. 90, § 14; Repealed, L. 2025, ch. 125, § 15; January 1, 2026.
History: L. 2002, ch. 114, § 29; L. 2017, ch. 19, § 23; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 30; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 31; L. 2014, ch. 115, § 229; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 32; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 33; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 34; L. 2006, ch. 29, § 1; L. 2008, ch. 64, § 10; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 35; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 36; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 37; L. 2007, ch. 190, § 15; L. 2015, ch. 42, § 18; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 38; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 39; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 40; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 41; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 42; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 43; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 44; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 45; L. 2014, ch. 115, § 230; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 46; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2002, ch. 114, § 80; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
History: L. 2010, ch. 52, § 1; Repealed, L. 2025, ch. 40, § 167; January 1, 2026.
K.S.A. 59-30,101 through 59-30,212, and amendments thereto, may be cited as the Kansas uniform guardianship, conservatorship and other protective arrangements act.
History: L. 2025, ch. 40, § 24; January 1, 2026.
As used in this act:
(a) "Adult" means an individual at least 18 years of age or an emancipated individual under 18 years of age.
(b) "Adult subject to conservatorship" means an adult for whom a conservator has been appointed under this act.
(c) "Adult subject to guardianship" means an adult for whom a guardian has been appointed under this act.
(d) "Claim" includes a claim against an individual or conservatorship estate, whether arising in contract, tort or otherwise.
(e) "Conservator" means a person appointed by a court to make decisions with respect to the property or financial affairs of an individual subject to conservatorship. "Conservator" includes a co-conservator.
(f) "Conservatorship estate" means the property subject to conservatorship under this act.
(g) "Expressly and with informed consent" means consent voluntarily given with sufficient knowledge of the subject matter involved, including a general understanding of the procedure, medically acceptable alternative procedures or treatments and substantial risks and hazards inherent in the proposed treatment or procedures, to enable the person giving consent to make an understanding and enlightened decision without any element of force, fraud, deceit, duress or other form of constraint or coercion.
(h) "Full conservatorship" means a conservatorship that grants the conservator all powers available under this act.
(i) "Full guardianship" means a guardianship that grants the guardian all powers available under this act.
(j) "Guardian" means a person appointed by the court to make decisions with respect to the personal affairs of an individual. "Guardian" includes a co-guardian but does not include a guardian ad litem.
(k) "Guardian ad litem" means a person appointed to inform the court about, and to represent, the needs and best interest of an individual.
(l) "Hydration" means water or fluid administered in any manner.
(m) "Individual subject to conservatorship" means an adult or minor for whom a conservator has been appointed under this act.
(n) "Individual subject to guardianship" means an adult or minor for whom a guardian has been appointed under this act.
(o) "Less restrictive alternative" means an approach to meeting an individual's needs which restricts fewer rights of the individual than would the appointment of a guardian or conservator. "Less restrictive alternative" includes supported decision making, appropriate technological assistance, appointment of a representative payee and appointment of an agent by the individual, including appointment under a power of attorney for healthcare or power of attorney for finances.
(p) "Letters of office" means a record issued by a court certifying a guardian's or conservator's authority to act.
(q) "Limited conservatorship" means a conservatorship that grants the conservator less than all powers available under this act, grants powers over only certain property or otherwise restricts the powers of the conservator.
(r) "Limited guardianship" means a guardianship that grants the guardian less than all powers available under this act or otherwise restricts the powers of the guardian.
(s) "Minor" means an unemancipated individual under 18 years of age.
(t) "Minor subject to conservatorship" means a minor for whom a conservator has been appointed under this act.
(u) "Minor subject to guardianship" means a minor for whom a guardian has been appointed under this act.
(v) "Nutrition" means sustenance administered in any manner.
(w) "Parent" does not include an individual whose parental rights have been terminated.
(x) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.
(y) "Person legally incapable of making health care decisions" means any person who:
(1) (A) Has been declared legally unable to make decisions affecting medical treatment or care; and
(B) in the reasonable medical judgment of the attending physician, is unable to make decisions affecting medical treatment or other health care services; or
(2) is a minor.
(z) "Property" includes tangible and intangible property.
(aa) "Protective arrangement instead of conservatorship" means a court order entered under K.S.A. 59-30,198, and amendments thereto.
(bb) "Protective arrangement instead of guardianship" means a court order entered under K.S.A. 59-30,197, and amendments thereto.
(cc) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(dd) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(ee) "Respondent" means an individual for whom appointment of a guardian or conservator or a protective arrangement instead of guardianship or conservatorship is sought.
(ff) "Sign" means, with present intent to authenticate or adopt a record:
(1) To execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record an electronic symbol, sound or process.
(gg) "Standby guardian" means a person appointed by the court under K.S.A. 59-30,134, and amendments thereto.
(hh) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. "State" includes a federally recognized Indian tribe.
(ii) "Supported decision making" means assistance from one or more persons of an individual's choosing in understanding the nature and consequences of potential personal and financial decisions, which enables the individual to make the decisions, and in communicating a decision once made if consistent with the individual's wishes.
History: L. 2025, ch. 40, § 25; January 1, 2026.
Unless displaced by a particular provision of this act, the principles of law and equity supplement its provisions.
History: L. 2025, ch. 40, § 26; January 1, 2026.
(a) Except to the extent jurisdiction is precluded by the uniform child custody jurisdiction and enforcement act, K.S.A. 23-37,101 through 23-37,405, and amendments thereto, the district court has jurisdiction over a guardianship for a minor domiciled or present in this state. The court has jurisdiction over a conservatorship or protective arrangement instead of conservatorship for a minor domiciled or having property in this state.
(b) The district court has jurisdiction over a guardianship, conservatorship or protective arrangement under K.S.A. 59-30,197 or 59-30,198, and amendments thereto, for an adult as provided in the uniform adult guardianship and protective proceedings jurisdiction act, K.S.A. 59-30,251 through 59-30,273, and amendments thereto.
(c) After notice is given in a proceeding for a guardianship, conservatorship or protective arrangement under K.S.A. 59-30,197 or 59-30,198, and amendments thereto, and until termination of the proceeding, the court in which the petition is filed has:
(1) Exclusive jurisdiction to determine the need for the guardianship, conservatorship or protective arrangement;
(2) exclusive jurisdiction to determine how property of the respondent must be managed, expended or distributed to or for the use of the respondent, an individual who is dependent in fact on the respondent or other claimant;
(3) nonexclusive jurisdiction to determine the validity of a claim against the respondent or property of the respondent or a question of title concerning the property; and
(4) if a guardian or conservator is appointed, exclusive jurisdiction over issues related to administration of the guardianship or conservatorship.
(d) A court that appoints a guardian or conservator, or authorizes a protective arrangement under K.S.A. 59-30,197 or 59-30,198, and amendments thereto, has exclusive and continuing jurisdiction over the proceeding until the court terminates the proceeding or the appointment or protective arrangement expires by its terms.
History: L. 2025, ch. 40, § 27; January 1, 2026.
(a) This section does not apply to a guardianship or conservatorship for an adult that is subject to the transfer provisions of K.S.A. 59-30,266 or 59-30,267, and amendments thereto.
(b) After appointment of a guardian or conservator, the court that made the appointment may transfer the proceeding to a court in another county in this state or another state if transfer is in the best interest of the individual subject to the guardianship or conservatorship.
(c) If a proceeding for a guardianship or conservatorship is pending in another state or a foreign country and a petition for guardianship or conservatorship for the same individual is filed in a court in this state, the court shall notify the court in the other state or foreign country and, after consultation with that court, assume or decline jurisdiction, whichever is in the best interest of the respondent.
(d) A guardian or conservator appointed in another state or country may petition the court for appointment as a guardian or conservator in this state for the same individual if jurisdiction in this state is or will be established. The appointment may be made on proof of appointment in the other state or foreign country and presentation of a certified copy of the part of the court record in the other state or country specified by the court in this state.
(e) Notice of hearing on a petition under subsection (d), together with a copy of the petition, must be given to the respondent, if the respondent is at least 12 years of age at the time of the hearing, and to the persons that would be entitled to notice if the procedures for appointment of a guardian or conservator under this act were applicable. The court shall make the appointment unless it determines the appointment would not be in the best interest of the respondent.
(f) Not later than 14 days after appointment under subsection (e), the guardian or conservator shall give a copy of the order of appointment to the individual subject to guardianship or conservatorship, if the individual is at least 12 years of age, and to all persons given notice of the hearing on the petition.
History: L. 2025, ch. 40, § 28; January 1, 2026.
(a) Except as provided in subsection (e), venue for a guardianship proceeding for a minor is in:
(1) The county in which the minor resides or is present at the time the proceeding commences; or
(2) the county in which another proceeding concerning the custody or parental rights of the minor is pending.
(b) Except as provided in subsection (e), venue for a guardianship proceeding or protective arrangement instead of guardianship for an adult is in:
(1) The county in which the respondent resides;
(2) if the respondent has been admitted to an institution by court order, the county in which the court is located; or
(3) if the proceeding is for appointment of an emergency guardian for an adult, the county in which the respondent is present.
(c) Except as provided in subsection (e), venue for a conservatorship proceeding or protective arrangement instead of conservatorship is in:
(1) The county in which the respondent resides, whether or not a guardian has been appointed in another county or other jurisdiction; or
(2) if the respondent does not reside in this state, in any county in which property of the respondent is located.
(d) If proceedings under this act are brought in more than one county, the court of the county in which the first proceeding is brought has the exclusive right to proceed unless the court determines that venue is properly in another court or the interest of justice otherwise requires transfer of the proceeding.
(e) If proceedings under this act are brought in a county other than as provided in subsections (a), (b) or (c), the court may determine that venue is proper if it is in the best interest of the respondent and in the interest of justice for the proceedings to take place in that county.
History: L. 2025, ch. 40, § 29; January 1, 2026.
(a) The petitioner and the respondent shall each be afforded an opportunity to appear at the trial, to testify and to present and cross-examine witnesses. If the trial has been consolidated with a trial being held pursuant to either the care and treatment act for mentally ill persons or the care and treatment act for persons with an alcohol or substance abuse problem, persons not necessary for the conduct of the proceedings may be excluded as provided for in those acts. The trial shall be conducted in as informal a manner as may be consistent with orderly procedure. The court shall have the authority to receive all relevant and material evidence which may be offered, including the testimony or written report, findings or recommendations of any professional or other person who has examined or evaluated the respondent and the testimony and written findings and recommendations of any court liaison appointed pursuant to K.S.A. 59-30,144, and amendments thereto. Such evidence shall not be privileged for the purpose of this trial.
(b) If proceedings for a guardianship, conservatorship or protective arrangement under K.S.A. 59-30,197 or 59-30,198, and amendments thereto, for the same individual are commenced or pending in the same court, the proceedings may be consolidated.
(c) A respondent may demand a jury trial in a proceeding under this act on the issue of whether a basis exists for appointment of a guardian or conservator.
History: L. 2025, ch. 40, § 30; January 1, 2026.
(a) The court shall issue letters of office to a guardian on filing by the guardian of:
(1) An acceptance of appointment;
(2) an oath or affirmation as required by K.S.A. 59-1702, and amendments thereto;
(3) evidence of completion of a basic instructional program concerning the duties and responsibilities of a guardian; and
(4) a personal information sheet containing any personal identifying information about the guardian required by the court. Such information shall not be disclosed to the public.
(b) The court shall issue letters of office to a conservator on filing by the conservator of:
(1) An acceptance of appointment;
(2) an oath or affirmation as required by K.S.A. 59-1702, and amendments thereto;
(3) any required bond or compliance with any other asset-protection arrangement required by the court;
(4) evidence of completion of a basic instructional program concerning the duties and responsibilities of a conservator; and
(5) a personal information sheet containing any personal identifying information about the conservator required by the court. Such information shall not be disclosed to the public.
(c) Limitations on the powers of a guardian or conservator or on the property subject to conservatorship must be stated on the letters of office. If the court appoints co-guardians or co-conservators, the letters of office must specify whether such co-guardians or co-conservators may act independently, whether they must act jointly, or under what circumstances or with regard to what matters they may act independently or must act jointly.
(d) The court at any time may limit the powers conferred on a guardian or conservator. The court shall issue new letters of office to reflect the limitation. The court shall give notice of the limitation to the guardian or conservator, individual subject to guardianship or conservatorship, each parent of a minor subject to guardianship or conservatorship and any other person the court determines.
(e) The judicial council shall prepare a basic instructional program concerning the duties and responsibilities of a guardian and a conservator. The court shall have the authority to require any guardian or conservator appointed prior to January 1, 2026, to complete the basic instructional program and provide evidence thereof to the court.
History: L. 2025, ch. 40, § 31; January 1, 2026.
(a) On acceptance of appointment, a guardian or conservator submits to personal jurisdiction of the court in this state in any proceeding relating to the guardianship or conservatorship.
(b) Every guardian or conservator that resides outside the state of Kansas shall appoint a resident agent by executing an appointment of resident agent that specifically identifies the person or entity that will act as the resident agent. A resident agent may be either:
(1) An individual resident in this state; or
(2) a corporation, limited partnership, limited liability partnership, limited liability company or business trust that has its principal place of business in this state.
(c) Every resident agent for a guardian or conservator shall:
(1) Maintain contact with and remain aware of the current address and phone number of the guardian or conservator;
(2) accept service of process and other communications directed to the guardian or conservator; and
(3) forward to the guardian or conservator documents sent by the court, the secretary of state or any other state agency.
(d) Every resident agent shall accept the appointment as resident agent by executing an acceptance of appointment that specifically identifies the name of the guardian or conservator and expresses the appointed resident agent's agreement to fulfill their role, as described in this section.
(e) For purposes of this section, the terms guardian and conservator shall include co-guardians and co-conservators, temporary substitute guardians and conservators, standby guardians and conservators, successor guardians and conservators and emergency guardians and conservators.
History: L. 2025, ch. 40, § 32; January 1, 2026.
(a) The court at any time may appoint a co-guardian or co-conservator who may act when that co-guardian or co-conservator complies with K.S.A. 59-30,108(a) or (b), and amendments thereto, respectively.
(b) If the court appoints co-guardians or co-conservators, the court shall specify in the letters of office whether such co-guardians or co-conservators may act independently, whether they must act jointly, or under what circumstances or with regard to what matters they may act independently or must act jointly.
History: L. 2025, ch. 40, § 33; January 1, 2026.
(a) The court at any time may appoint a successor guardian or successor conservator to serve immediately or when a designated event occurs, including the absence, impairment, resignation or death of the guardian or conservator.
(b) A person entitled under K.S.A. 59-30,129 or 59-30,142, and amendments thereto, to petition the court to appoint a guardian may petition the court to appoint a successor guardian. A person entitled under K.S.A. 59-30,161, and amendments thereto, to petition the court to appoint a conservator may petition the court to appoint a successor conservator.
(c) A successor guardian or successor conservator appointed to serve when a designated event occurs may act as guardian or conservator when:
(1) The event occurs; and
(2) the successor complies with K.S.A. 59-30,108(a) or (b), and amendments thereto, respectively.
(d) A successor guardian or successor conservator has the predecessor's powers unless otherwise provided by the court.
History: L. 2025, ch. 40, § 34; January 1, 2026.
(a) Any corporation organized under the Kansas general corporation code may act as guardian for an individual found to be in need of a guardian under the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto, if the corporation has been certified by the secretary for children and families as a suitable agency to perform the duties of a guardian.
(b) The secretary for children and families shall establish criteria for determining whether a corporation should be certified as a suitable agency to perform the duties of a guardian. The criteria shall be designed for the protection of the ward and shall include, but not be limited to, the following:
(1) Whether the corporation is capable of performing the duties of a guardian;
(2) whether the staff of the corporation is accessible and available to wards and to other persons concerned about their well-being and is adequate in number to properly perform the duties and responsibilities of a guardian;
(3) whether the corporation is a stable organization which is likely to continue in existence for some time; and
(4) whether the corporation will agree to submit such reports and answer such questions as the secretary may require in monitoring corporate guardianships.
(c) Application for certification under this section shall be made to the secretary for children and families in such manner as the secretary may direct. The secretary for children and families may suspend or revoke certification of a corporation under this section, after notice and hearing, upon a finding that such corporation has failed to comply with the criteria established by rules and regulations under subsection (b). Such corporation shall not be appointed as a guardian during the period of time the certificate is suspended or revoked.
(d) No corporation shall be eligible for appointment as provided for in K.S.A. 59-30,132 and 59-30,148*, and amendments thereto, as the guardian of any person if such corporation provides care, treatment or housing to that person or is the owner, part owner or operator of any adult care home, lodging establishment or institution utilized for the care, treatment or housing of that person.
(e) The secretary for children and families may adopt rules and regulations necessary to administer the provisions of this section.
History: L. 2025, ch. 40, § 35; January 1, 2026.
(a) Appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator, or when the court under subsection (b) approves a resignation of the guardian or conservator.
(b) A guardian or conservator must petition the court for approval to resign. The petition may include a request that the court appoint a successor. Notice of the petition must be given to the person subject to guardianship or conservatorship and any other person the court determines. Resignation of a guardian or conservator is effective on the date the resignation is approved by the court.
(c) Death, removal or resignation of a guardian or conservator does not affect liability for a previous act or the obligation to account for:
(1) An action taken on behalf of the individual subject to guardianship or conservatorship; or
(2) the individual's funds or other property.
History: L. 2025, ch. 40, § 36; January 1, 2026.
(a) Except as otherwise provided in K.S.A. 59-30,130, 59-30,134, 59-30,143, 59-30,162 and 59-30,200, and amendments thereto, if notice of a hearing under this act is required, the movant shall give notice of the date, time and place of the hearing to the person to be notified unless otherwise ordered by the court for good cause. Except as otherwise provided in this act, notice must be given in compliance with K.S.A. 59-2208, and amendments thereto, at least 14 days before the hearing.
(b) Proof of notice of a hearing under this act must be made before or at the hearing and filed in the proceeding.
(c) Notice of a hearing under this act must be in at least 16-point font, in plain language, and, to the extent feasible, in a language in which the person to be notified is proficient.
History: L. 2025, ch. 40, § 37; January 1, 2026.
A respondent, individual subject to guardianship, individual subject to conservatorship or individual subject to a protective arrangement under K.S.A. 59-30,197 or 59-30,198, and amendments thereto, may not waive notice under this act. Any other person may waive notice in a record signed by the person or person's attorney and filed in the proceeding.
History: L. 2025, ch. 40, § 38; January 1, 2026.
The court at any time may appoint a guardian ad litem for an individual if the court determines the individual's interest otherwise would not be adequately represented. If no conflict of interest exists, a guardian ad litem may be appointed to represent multiple individuals or interests. The guardian ad litem may not be the same individual as the attorney representing the respondent. The court shall state the duties of the guardian ad litem and the reasons for the appointment in the order of appointment.
History: L. 2025, ch. 40, § 39; January 1, 2026.
(a) A person may file with the court a request for notice under this act if the person is:
(1) Not otherwise entitled to notice; and
(2) interested in the welfare of a respondent, individual subject to guardianship or conservatorship or individual subject to a protective arrangement under K.S.A. 59-30,197 or 59-30,198, and amendments thereto.
(b) A request under subsection (a) must include a statement showing the interest of the person making the request and the address of the person or an attorney for the person to whom notice is to be given.
(c) If the court approves a request under subsection (a), the court shall give notice of the approval to the guardian or conservator, if one has been appointed, or the respondent if no guardian or conservator has been appointed.
History: L. 2025, ch. 40, § 40; January 1, 2026.
(a) Before accepting appointment as a guardian or conservator, a person shall disclose to the court whether the person:
(1) Is or has been a debtor in a bankruptcy, insolvency or receivership proceeding;
(2) has been convicted of:
(A) A felony;
(B) a crime involving dishonesty, neglect, violence or use of physical force; or
(C) other crime relevant to the functions the individual would assume as guardian or conservator;
(3) has committed an act of physical, mental or emotional abuse or neglect or sexual abuse as validated by the Kansas department for children and families pursuant to K.S.A. 38-2226, and amendments thereto; or
(4) has been found to have committed an act of abuse, neglect or exploitation of an adult as contained in the register of reports under K.S.A. 39-1434, and amendments thereto.
(b) A guardian or conservator that engages or anticipates engaging a service provider the guardian or conservator knows has been convicted of a felony, a crime involving dishonesty, neglect, violence or use of physical force, or other crime relevant to the functions the service provider is being engaged to perform promptly shall disclose that knowledge to the court in writing.
(c) If a conservator engages or anticipates engaging a service provider under K.S.A. 59-30,124, and amendments thereto, to manage finances of the individual subject to conservatorship and knows the service provider is or has been a debtor in a bankruptcy, insolvency or receivership proceeding, the conservator promptly shall disclose that knowledge to the court in writing.
History: L. 2025, ch. 40, § 41; January 1, 2026.
(a) Unless otherwise compensated or reimbursed, an attorney for a respondent in a proceeding under this act is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the respondent.
(b) Unless otherwise compensated or reimbursed, an attorney or other person whose services resulted in an order beneficial to an individual subject to guardianship or conservatorship or for whom a protective arrangement under K.S.A. 59-30,197 or 59-30,198, and amendments thereto, was ordered is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the individual.
(c) The court must approve compensation and expenses payable under this section before payment. Approval is not required before a service is provided or an expense is incurred. The costs may be taxed to the property of the respondent or individual subject to guardianship or conservatorship or for whom a protective arrangement under K.S.A. 59-30,197 or 59-30,198, and amendments thereto, was ordered, to those bound by law to support such person, to other parties whenever it would be just and equitable to do so, or to the county of residence of the respondent or individual subject to guardianship or conservatorship or for whom a protective arrangement under K.S.A. 59-30,197 or 59-30,198, and amendments thereto, was ordered as the court having venue shall direct.
(d) If the court dismisses a petition under this act and determines the petition was filed in bad faith, the court may assess the cost of any court-ordered professional evaluation or court liaison and attorney fees against the petitioner or the petitioner's counsel.
(e) In any contested proceeding the court, in its discretion, may require one or more parties to give security for the costs of the proceeding or, in lieu of such security, to file a poverty affidavit as provided for in the code of civil procedure.
(f) Any district court receiving a statement of costs from another district court shall approve the same for payment out of the general fund of its county except that it may refuse to approve the same for payment only on the grounds that the respondent or person under guardianship or conservatorship is not a resident of that county. In such case it shall transmit the statement of costs to the secretary of the department for children and families who shall determine the question of residence and certify those findings to each district court. If the claim for costs is not paid within 30 days after such certification, an action may be maintained thereon by the claimant county in the district court of the claimant county against the debtor county. The findings made by the secretary of the department for children and families as to the residence of the respondent or person subject to guardianship or conservatorship shall be applicable only to the assessment of costs. Any county of residence which pays from its general fund court costs to the district court of another county may recover the same in any court of competent jurisdiction from the estate of the respondent or person subject to guardianship or conservatorship or from those bound by law to support the respondent or person subject to guardianship or conservatorship, unless the court finds that the proceedings in which such costs were incurred were instituted without good cause and not in good faith.
History: L. 2025, ch. 40, § 42; January 1, 2026.
(a) Subject to court approval, a guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, clothing and other appropriate expenses advanced for the benefit of the individual subject to guardianship.
(b) Subject to court approval, a conservator is entitled to reasonable compensation for services and reimbursement for appropriate expenses from the property of the individual subject to conservatorship.
(c) In determining reasonable compensation for a guardian or conservator, the court, or a conservator in determining reasonable compensation for a guardian as provided in subsection (a), shall consider:
(1) The necessity and quality of the services provided;
(2) the experience, training, professional standing and skills of the guardian or conservator;
(3) the difficulty of the services performed, including the degree of skill and care required;
(4) the conditions and circumstances under which a service was performed, including whether the service was provided outside regular business hours or under dangerous or extraordinary conditions;
(5) the effect of the services on the individual subject to guardianship or conservatorship;
(6) the extent to which the services provided were or were not consistent with the guardian's plan under K.S.A. 59-30,156, and amendments thereto, or conservator's plan under K.S.A. 59-30,180, and amendments thereto; and
(7) the fees customarily paid to a person that performs a like service in the community.
(d) A guardian or conservator need not use personal funds of the guardian or conservator for the expenses of the individual subject to guardianship or conservatorship.
(e) If an individual subject to guardianship or conservatorship seeks to modify or terminate the guardianship or conservatorship or remove the guardian or conservator, the court may order compensation to the guardian or conservator for time spent opposing modification, termination or removal only to the extent the court determines the opposition was reasonably necessary to protect the interest of the individual subject to guardianship or conservatorship.
(f) Nothing in this section shall prohibit a guardian or a conservator associated with the Kansas guardianship program from receiving a stipend from that program.
History: L. 2025, ch. 40, § 43; January 1, 2026.
A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the individual subject to guardianship or conservatorship.
History: L. 2025, ch. 40, § 44; January 1, 2026.
(a) A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act related to the guardianship or conservatorship.
(b) Upon the filing of a petition under this section, the court may appoint counsel for the individual subject to guardianship or conservatorship.
(c) On notice and hearing on a petition under subsection (a), the court may give an instruction and issue an appropriate order.
History: L. 2025, ch. 40, § 45; January 1, 2026.
(a) A person must recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship unless:
(1) The person has actual knowledge or a reasonable belief that the letters of office of the guardian or conservator are invalid or the conservator or guardian is exceeding or improperly exercising authority granted by the court;
(2) the person has actual knowledge that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator; or
(3) the person makes, or has actual knowledge that another person has made, a report under K.S.A. 39-1402 or 39-1431, and amendments thereto, stating a good-faith belief that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.
(b) A person that refuses to accept the authority of a guardian or conservator must, within 10 days of the refusal, report the refusal and the reason for refusal to the court. Upon receiving the report, the clerk of the district court shall forward the report to the presiding judge who shall consider whether further action is appropriate. A report of a refusal under this section shall be treated in the same manner as a grievance under K.S.A. 59-30,127, and amendments thereto.
(c) A guardian or conservator may petition the court to require a third party to accept a decision made by the guardian or conservator on behalf of the individual subject to guardianship or conservatorship.
History: L. 2025, ch. 40, § 46; January 1, 2026.
(a) A guardian or conservator may retain a third person to provide any service to an individual subject to guardianship or conservatorship if retaining such third person, hereinafter referred to as a service provider, is consistent with the guardian's or conservator's fiduciary duties and the guardian's plan under K.S.A. 59-30,156, and amendments thereto, or conservator's plan under K.S.A. 59-30,180, and amendments thereto.
(b) In retaining a service provider under subsection (a), the guardian or conservator shall exercise reasonable care, skill and caution in:
(1) Selecting the service provider;
(2) establishing the scope and terms of the service provider's work in accordance with the guardian's plan under K.S.A. 59-30,156, and amendments thereto, or the conservator's plan under K.S.A. 59-30,180, and amendments thereto;
(3) monitoring the service provider's performance and compliance with the scope and terms of work; and
(4) redressing an act or omission of the service provider which would constitute a breach of the guardian's or conservator's duties if done by the guardian or conservator.
(c) In providing services under this section, a service provider shall exercise reasonable care to comply with the scope and terms of the work and use reasonable care in the performance of the work.
(d) A service provider who agrees to provide services under subsection (a) submits to the personal jurisdiction of the courts of this state in an action involving the service provider's performance.
(e) A guardian or conservator that retains and monitors a service provider in compliance with this section is not liable for the decision, act or omission of the service provider.
History: L. 2025, ch. 40, § 47; January 1, 2026.
(a) The court may appoint a temporary substitute guardian for an individual subject to guardianship for a period not exceeding six months if:
(1) A proceeding to remove a guardian for the individual is pending; or
(2) the court finds a guardian is not effectively performing the guardian's duties and the welfare of the individual requires immediate action.
(b) The court may appoint a temporary substitute conservator for an individual subject to conservatorship for a period not exceeding six months if:
(1) A proceeding to remove a conservator for the individual is pending; or
(2) the court finds that a conservator for the individual is not effectively performing the conservator's duties and the welfare of the individual or the conservatorship estate requires immediate action.
(c) Except as otherwise ordered by the court, a temporary substitute guardian or temporary substitute conservator appointed under this section has the powers stated in the order of appointment of the guardian or conservator. The authority of the existing guardian or conservator is suspended for as long as the temporary substitute guardian or conservator has authority.
(d) (1) The court shall give notice of appointment of a temporary substitute guardian or temporary substitute conservator, not later than five days after the appointment, to:
(A) The individual subject to guardianship or conservatorship;
(B) the affected guardian or conservator; and
(C) in the case of a minor, each parent of the minor and any person currently having care or custody of the minor.
(2) If the individual subject to guardianship or conservatorship is not represented by an attorney, the court shall appoint an attorney under the same conditions as in K.S.A. 59-30,131 and 59-30,145, and amendments thereto. The court shall set the matter for hearing if any person entitled to notice so requests.
(e) The court may remove a temporary substitute guardian or temporary substitute conservator at any time. The temporary substitute guardian or temporary substitute conservator shall make any report the court requires.
History: L. 2025, ch. 40, § 48; January 1, 2026.
(a) If a guardian has been appointed in another state for an individual, and a petition for guardianship for the individual is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court, may register the guardianship order in this state by filing as a foreign judgment, in a court of an appropriate county of this state, certified copies of the order and letters of office.
(b) If a conservator has been appointed in another state for an individual, and a petition for conservatorship for the individual is not pending in this state, the conservator appointed for the individual in the other state, after giving notice to the appointing court, may register the conservatorship in this state by filing as a foreign judgment, in a court of a county in which property belonging to the individual subject to conservatorship is located, certified copies of the order of conservatorship, letters of office and any bond or other asset-protection arrangement required by the court.
(c) On registration under this section of a guardianship or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order except as prohibited by this act and law of this state other than this act. If the guardian or conservator is not a resident of this state, the guardian or conservator may maintain an action or proceeding in this state subject to any condition imposed by this state on an action or proceeding by a nonresident party.
(d) The court may grant any relief available under this act and law of this state other than this act to enforce an order registered under this section. However, absent a transfer pursuant to K.S.A. 59-30,105, and amendments thereto, jurisdiction remains with the court that established the guardianship or conservatorship.
History: L. 2025, ch. 40, § 49; January 1, 2026.
(a) An individual who is subject to guardianship or conservatorship, or person interested in the welfare of an individual subject to guardianship or conservatorship, who reasonably believes the guardian or conservator is breaching the guardian's or conservator's fiduciary duty or otherwise acting in a manner inconsistent with this act may file a grievance in a record with the court. The clerk of the district court shall forward the grievance to the presiding judge.
(b) Subject to subsection (c), after receiving a grievance under subsection (a), the court:
(1) Shall review the grievance and, if necessary to determine the appropriate response, court records related to the guardianship or conservatorship;
(2) shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that:
(A) Removal of the guardian and appointment of a successor may be appropriate under K.S.A. 59-30,158, and amendments thereto;
(B) termination or modification of the guardianship may be appropriate under K.S.A. 59-30,159, and amendments thereto;
(C) removal of the conservator and appointment of a successor may be appropriate under K.S.A. 59-30,189, and amendments thereto; or
(D) termination or modification of the conservatorship may be appropriate under K.S.A. 59-30,190, and amendments thereto; and
(3) may take any action supported by the evidence, including:
(A) Ordering the guardian or conservator to provide the court a report, accounting, inventory, updated plan or other information;
(B) appointing a guardian ad litem;
(C) appointing an attorney for the individual subject to guardianship or conservatorship; or
(D) holding a hearing.
(c) The court may decline to act under subsection (b) if a similar grievance was filed within the six months preceding the filing of the current grievance and the court followed the procedures of subsection (b) in considering the earlier grievance.
History: L. 2025, ch. 40, § 50; January 1, 2026.
(a) A person becomes a guardian for a minor only on appointment by the court.
(b) After a hearing under K.S.A. 59-30,130, and amendments thereto, the court may appoint a guardian for a minor who does not have a guardian if the court finds the appointment is in the minor's best interest and:
(1) Each parent of the minor, after being fully informed of the nature and consequences of guardianship, consents;
(2) all parental rights have been terminated;
(3) there is clear and convincing evidence that the parents of the minor are unwilling, unable or unfit to exercise the powers the court is granting the guardian; or
(4) there is clear and convincing evidence that highly unusual or extraordinary circumstances exist that cause the court to appoint the guardian over the objection of a parent of the minor.
History: L. 2025, ch. 40, § 51; January 1, 2026.
(a) A person interested in the welfare of a minor, including the minor, may file a verified petition for appointment of a guardian for the minor.
(b) A petition under subsection (a) must state the petitioner's name, principal residence, current street address if different, relationship to the minor, interest in the appointment, the name and address of any attorney representing the petitioner and, to the extent known, the following:
(1) The minor's name, age, principal residence, current street address if different and address of the dwelling in which it is proposed the minor will reside if the appointment is made;
(2) the names and current street addresses of the minor's parents;
(3) the name and address, if known, of each person that had primary care or custody of the minor for at least 60 days during the two years immediately before the filing of the petition or for at least 730 days during the five years immediately before the filing of the petition;
(4) the name and address of any attorney for the minor and any attorney for each parent of the minor;
(5) the reason guardianship is sought and would be in the best interest of the minor;
(6) the name and address of any proposed guardian and the reason the proposed guardian should be selected;
(7) the name, address and relationship of any other person entitled to notice under K.S.A. 59-30,130, and amendments thereto;
(8) if the minor has property other than personal effects, a general statement of the minor's property with an estimate of its value;
(9) whether the minor needs an interpreter, translator or other form of support to communicate effectively with the court or understand court proceedings;
(10) whether any parent of the minor needs an interpreter, translator or other form of support to communicate effectively with the court or understand court proceedings; and
(11) identify any other proceeding concerning the care or custody of the minor that is pending in any court in this state or another jurisdiction.
(c) The petition shall contain, or be accompanied by an affidavit which contains, the information required by K.S.A. 23-37,209, and amendments thereto.
History: L. 2025, ch. 40, § 52; January 1, 2026.
(a) When a petition is filed under K.S.A. 59-30,129, and amendments thereto, the court shall schedule a hearing, and the petitioner shall:
(1) Serve notice of the date, time and place of the hearing, together with a copy of the petition, personally on each of the following that is not the petitioner:
(A) The minor, if the minor will be 12 years of age or older at the time of the hearing;
(B) each parent of the minor or, if there is none, the adult nearest in kinship who can be found with reasonable diligence;
(C) any adult with whom the minor resides;
(D) each person that had primary care or custody of the minor for at least 60 days during the two years immediately before the filing of the petition or for at least 730 days during the five years immediately before the filing of the petition; and
(E) any other person the court determines should receive personal service of notice; and
(2) give notice under K.S.A. 59-30,114, and amendments thereto, of the date, time and place of the hearing, together with a copy of the petition, to:
(A) Any person nominated as guardian by the minor, if the minor is 12 years of age or older;
(B) any nominee of a parent;
(C) each grandparent and adult sibling of the minor who can be found with reasonable diligence;
(D) any guardian or conservator acting for the minor in any jurisdiction; and
(E) any other person the court determines.
(b) Notice required by subsection (a) must include a statement of the right to request appointment of an attorney for the minor or object to appointment of a guardian and a description of the nature, purpose and consequences of appointment of a guardian.
(c) The court may not grant a petition for guardianship of a minor if notice substantially complying with subsection (a)(1) is not served on:
(1) The minor, if the minor is 12 years of age or older; and
(2) each parent of the minor, unless the court finds by clear and convincing evidence that the parent cannot with due diligence be located and served or the parent waived, in a record, the right to notice.
(d) If a petitioner is unable to serve notice under subsection (a)(1) on a parent of a minor or alleges that the parent waived, in a record, the right to notice under this section, the court may appoint a court liaison who shall:
(1) Interview the petitioner and the minor;
(2) if the petitioner alleges the parent cannot be located, ascertain whether the parent cannot be located with due diligence; and
(3) investigate any other matter relating to the petition the court directs.
History: L. 2025, ch. 40, § 53; January 1, 2026.
(a) The court shall appoint an attorney to represent a minor who is the subject of a proceeding under K.S.A. 59-30,129, and amendments thereto, if:
(1) Requested by the minor and the minor is 12 years of age or older;
(2) recommended by a guardian ad litem; or
(3) the court determines the minor needs representation.
(b) An attorney appointed under subsection (a) shall:
(1) Make a reasonable effort to ascertain the minor's wishes;
(2) advocate for the minor's wishes to the extent reasonably ascertainable; and
(3) if the minor's wishes are not reasonably ascertainable, advocate for the minor's best interest.
(c) A minor who is the subject of a proceeding under K.S.A. 59-30,129, and amendments thereto, may retain an attorney to represent the minor in the proceeding.
(d) The court shall appoint an attorney to represent a parent of a minor who is the subject of a proceeding under K.S.A. 59-30,129, and amendments thereto, if the court determines the parent needs representation.
History: L. 2025, ch. 40, § 54; January 1, 2026.
(a) The court may require a minor who is the subject of a hearing under K.S.A. 59-30,130, and amendments thereto, to attend and participate in the hearing. If the court orders the minor to attend the hearing but later rescinds that order, the court shall enter in the record of the proceedings the facts upon which the court found that the presence of the minor should be excused.
(b) Unless excused by the court for good cause, the person proposed to be appointed as guardian for a minor shall attend a hearing under K.S.A. 59-30,130, and amendments thereto.
(c) The minor who is the subject of a hearing under K.S.A. 59-30,130, and amendments thereto, has the right to attend the hearing. Each parent of a minor who is the subject of a hearing under K.S.A. 59-30,130, and amendments thereto, has the right to attend the hearing.
(d) A person may request permission to participate in a hearing under K.S.A. 59-30,130, and amendments thereto. The court may grant the request, with or without hearing, on determining that it is in the best interest of the minor who is the subject of the hearing. The court may impose appropriate conditions on the person's participation.
History: L. 2025, ch. 40, § 55; January 1, 2026.
(a) After a hearing under K.S.A. 59-30,130, and amendments thereto, the court may appoint a guardian for a minor, if appointment is proper under K.S.A. 59-30,128, and amendments thereto, dismiss the proceeding or take other appropriate action.
(b) In appointing a guardian under subsection (a), the following rules apply:
(1) The court shall appoint a person nominated as guardian by a parent of the minor in a will or other record unless the court finds the appointment is contrary to the best interest of the minor.
(2) If multiple parents have nominated different persons to serve as guardian, the court shall appoint the nominee whose appointment is in the best interest of the minor, unless the court finds that appointment of none of the nominees is in the best interest of the minor.
(3) If a guardian is not appointed under paragraph (1) or (2), the court shall appoint the person nominated by the minor if the minor is 12 years of age or older unless the court finds that appointment is contrary to the best interest of the minor, in which case, the court shall appoint as guardian a person whose appointment is in the best interest of the minor.
(c) An order granting a guardianship for a minor must state that each parent of the minor is entitled to notice that:
(1) The guardian has changed the residence or school of the minor subject to guardianship;
(2) the court has modified or limited the powers of the guardian; or
(3) the court has removed the guardian.
(d) An order granting a guardianship for a minor must identify any person, in addition to a parent of the minor, who is entitled to notice of the events listed in subsection (c).
(e) The appointment of a guardian under this section shall not be construed to relieve a parent of any obligation imposed by law for the support, maintenance, care, treatment, habilitation or education of that parent's minor child.
History: L. 2025, ch. 40, § 56; January 1, 2026.
(a) A standby guardian appointed under this section may act as guardian, with all duties and powers of a guardian under K.S.A. 59-30,136 and 59-30,137, and amendments thereto, when no parent of the minor is willing or able to exercise the duties and powers granted to the guardian.
(b) A parent of a minor, in a signed record, may nominate a person to be appointed by the court as standby guardian for the minor. The parent, in a signed record, may revoke or amend the nomination at any time before the court appoints a standby guardian.
(c) The court may appoint a standby guardian for a minor on:
(1) Petition by a parent of the minor or a person nominated under subsection (b); and
(2) finding that no parent of the minor likely will be able or willing to care for or make decisions with respect to the minor not later than two years after the appointment.
(d) A petition under subsection (c)(1) must include the same information required under K.S.A. 59-30,129, and amendments thereto, for the appointment of a guardian for a minor.
(e) On filing a petition under subsection (c)(1), the petitioner shall:
(1) Serve a copy of the petition personally on:
(A) The minor, if the minor is 12 years of age or older, and the minor's attorney, if any;
(B) each parent of the minor;
(C) the person nominated as the standby guardian; and
(D) any other person the court determines; and
(2) include with the copy of the petition served under paragraph (1) a statement of the right to request appointment of an attorney for the minor or to object to appointment of the standby guardian, and a description of the nature, purpose and consequences of appointment of a standby guardian.
(f) A person entitled to notice under subsection (e), not later than 30 days after service of the petition and statement, may object to appointment of the standby guardian by filing an objection with the court and giving notice of the objection to each other person entitled to notice under subsection (e).
(g) If an objection is filed under subsection (f), the court shall hold a hearing to determine whether a standby guardian should be appointed and, if so, the person that should be appointed. If no objection is filed, the court may make the appointment.
(h) The court may not grant a petition for a standby guardian of the minor if notice substantially complying with subsection (e) is not served on:
(1) The minor, if the minor is 12 years of age or older; and
(2) each parent of the minor, unless the court finds by clear and convincing evidence that the parent, in a record, waived the right to notice or cannot be located and served with due diligence.
(i) If a petitioner is unable to serve notice under subsection (e) on a parent of the minor or alleges that a parent of the minor waived the right to notice under this section, the court may appoint a court liaison who shall:
(1) Interview the petitioner and the minor;
(2) if the petitioner alleges the parent cannot be located and served, ascertain whether the parent cannot be located with due diligence; and
(3) investigate any other matter relating to the petition the court directs.
(j) If the court finds under subsection (c) that a standby guardian should be appointed, the following rules apply:
(1) The court shall appoint the person nominated under subsection (b) unless the court finds that the appointment is contrary to the best interest of the minor.
(2) If the parents have nominated different persons to serve as standby guardian, the court shall appoint the nominee whose appointment is in the best interest of the minor, unless the court finds that appointment of none of the nominees is in the best interest of the minor.
(k) An order appointing a standby guardian under this section must state that each parent of the minor is entitled to notice, and identify any other person entitled to notice, if:
(1) The standby guardian assumes the duties and powers of the guardian;
(2) the standby guardian changes the residence or school of the minor;
(3) the court modifies or limits the powers of the standby guardian; or
(4) the court removes the standby guardian.
(l) Before assuming the duties and powers of a guardian, a standby guardian must file with the court an acceptance of appointment as guardian and give notice of the acceptance to:
(1) Each parent of the minor, unless the parent, in a record, waived the right to notice or cannot be located and served with due diligence;
(2) the minor, if the minor is 12 years of age or older; and
(3) any person, other than the parent, having care or custody of the minor.
(m) A person that receives notice under subsection (k) or any other person interested in the welfare of the minor may file with the court an objection to the standby guardian's assumption of duties and powers of a guardian. The court shall hold a hearing if the objection supports a reasonable belief that the conditions for assumption of duties and powers have not been satisfied.
History: L. 2025, ch. 40, § 57; January 1, 2026.
(a) On its own, or on verified petition by a person interested in a minor's welfare, the court may appoint an emergency guardian for the minor if the court finds a sufficient factual basis to establish probable cause that:
(1) Appointment of an emergency guardian is necessary to prevent imminent and substantial harm to the minor's health, safety or welfare; and
(2) no other person has authority and willingness to act in the circumstances.
(b) The duration of authority of an emergency guardian for a minor may not exceed 30 days, and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian's authority may be extended up to three times for not more than 30 days per extension if the court finds good cause and that the conditions for appointment of an emergency guardian in subsection (a) continue.
(c) Except as otherwise provided in subsection (d), reasonable notice of the date, time and place of a hearing on a petition for appointment of an emergency guardian for a minor must be given to:
(1) The minor, if the minor is 12 years of age or older;
(2) any attorney appointed under K.S.A. 59-30,131, and amendments thereto;
(3) each parent of the minor;
(4) any person, other than a parent, having care or custody of the minor; and
(5) any other person the court determines.
(d) The court may appoint an emergency guardian for a minor without notice under subsection (c) and without a hearing only if the court finds from an affidavit or testimony that the minor's health, safety or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian without notice to an unrepresented minor or the attorney for a represented minor, notice of the appointment must be given not later than 48 hours after the appointment to the individuals listed in subsection (c). Not later than seven days after the appointment, the court shall hold a hearing on the appropriateness of the appointment.
(e) Appointment of an emergency guardian under this section, with or without notice, is not a determination that a basis exists for appointment of a guardian under K.S.A. 59-30,128, and amendments thereto.
(f) The emergency guardian shall make any report the court requires.
(g) The court may remove an emergency guardian appointed under this section at any time.
History: L. 2025, ch. 40, § 58; January 1, 2026.
(a) A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety and welfare. A guardian shall act in the minor's best interest and exercise reasonable care, diligence and prudence.
(b) A guardian for a minor shall:
(1) Be personally acquainted with the minor and maintain sufficient contact with the minor to know the minor's abilities, limitations, needs, opportunities and physical and mental health;
(2) take reasonable care of the minor's personal effects and bring a proceeding for a conservatorship, or protective arrangement instead of conservatorship, if necessary to protect other property of the minor;
(3) if authorized by the court under K.S.A. 59-30,138, and amendments thereto, expend funds of the minor which have been received by the guardian for the minor's current needs for support, care, education, health, safety and welfare;
(4) conserve any funds of the minor not expended under paragraph (3) for the minor's future needs, but if a conservator is appointed for the minor, pay the funds at least quarterly to the conservator to be conserved for the minor's future needs;
(5) report the condition of the minor and account for funds and other property of the minor in the guardian's possession or subject to the guardian's control, as required by court rule or ordered by the court on application of a person interested in the minor's welfare;
(6) inform the court of any change in the minor's dwelling or address; and
(7) in determining what is in the minor's best interest, take into account the minor's preferences to the extent actually known or reasonably ascertainable by the guardian.
History: L. 2025, ch. 40, § 59; January 1, 2026.
(a) Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor's support, care, education, health, safety and welfare.
(b) Except as otherwise limited by court order, a guardian for a minor may:
(1) If authorized by the court under K.S.A. 59-30,138, and amendments thereto, apply for and receive funds and benefits otherwise payable for the support of the minor to the minor's parent, guardian or custodian under a statutory system of benefits or insurance or any private contract, devise, trust, conservatorship or custodianship;
(2) unless inconsistent with a court order entitled to recognition in this state, take custody of the minor and establish the minor's place of dwelling and, on authorization of the court, establish or move the minor's dwelling outside this state;
(3) if the minor is not subject to conservatorship, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the minor or make a payment for the benefit of the minor; and
(4) consent to health or other care, treatment or service for the minor.
(c) The court may authorize a guardian for a minor to consent to the adoption of the minor if the minor does not have a parent.
(d) A guardian for a minor may consent to the marriage of the minor if authorized by the court, and the guardianship shall terminate upon such marriage.
History: L. 2025, ch. 40, § 60; January 1, 2026.
A guardian for a minor may not exercise any control or authority over the minor's estate, unless specifically authorized by the court. Any guardian who is granted such authority must prepare an inventory and provide notice of the inventory as provided in K.S.A. 59-30,181, and amendments thereto. The court may assign such authority to the guardian and may waive the requirement of the posting of a bond, only if:
(a) Initially, the combined value of any funds and assets owned by the minor equals $25,000 or less;
(b) either the court requires the guardian to report to the court the commencement of the exercising of such authority, or requires the guardian to obtain court authorization to commence the exercise of such authority, as the court shall specify; and
(c) the court also requires the guardian, whenever the combined value of such funds and property exceeds $25,000, to:
(1) File a guardian's plan as provided for in K.S.A. 59-30,140, and amendments thereto, that contains elements similar to those that would be contained in a conservator's plan as provided for in K.S.A. 59-30,180, and amendments thereto;
(2) petition the court for appointment of a conservator; or
(3) notify the court as the court shall specify that the value of the minor's estate has equaled or exceeded $25,000, if the court has earlier appointed a conservator but did not issue letters of conservatorship pending such notification.
History: L. 2025, ch. 40, § 61; January 1, 2026.
(a) Guardianship under this act for a minor terminates:
(1) On the minor's death, adoption, emancipation or attainment of majority; or
(2) when the court finds that the standard in K.S.A. 59-30,128, and amendments thereto, for appointment of a guardian is not satisfied, unless the court finds that:
(A) Termination of the guardianship would be harmful to the minor; and
(B) the minor's interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor.
(b) A minor subject to guardianship or a person interested in the welfare of the minor may petition the court to terminate the guardianship, modify the guardianship, remove the guardian and appoint a successor guardian or remove a standby guardian and appoint a different standby guardian.
(c) A petitioner under subsection (b) shall give notice of the hearing on the petition to the minor, if the minor is 12 years of age or older and is not the petitioner, the guardian, each parent of the minor and any other person the court determines.
(d) The court shall follow the priorities in K.S.A. 59-30,133(b), and amendments thereto, when selecting a successor guardian for a minor.
(e) Not later than 30 days after appointment of a successor guardian for a minor, the court shall give notice of the appointment to the minor subject to guardianship, if the minor is 12 years of age or older, each parent of the minor and any other person the court determines.
(f) When terminating a guardianship for a minor under this section, the court may issue an order providing for transitional arrangements that will assist the minor with a transition of custody and is in the best interest of the minor.
(g) A removed guardian for a minor shall cooperate with a successor guardian to facilitate transition of the guardian's responsibilities and protect the best interest of the minor.
(h) Not later than 30 days after entering an order under this section, the court or the court's designee shall give notice of the order to the minor subject to guardianship and any person entitled to notice under K.S.A. 59-30,133, and amendments thereto, or a subsequent order.
History: L. 2025, ch. 40, § 62; January 1, 2026.
(a) At any time, the court may require the guardian of a minor, or the guardian of a minor may choose, to develop and file with the court a plan of care for the minor. Any such plan must be based on the needs of the minor and take into account the best interest of the minor as well as the minor's preferences, to the extent known to or reasonably ascertainable by the guardian. The guardian may include in the plan:
(1) Where the minor will reside and attend school;
(2) whether the parents of the minor will have contact or visitation with the minor;
(3) whether the parents of the minor will have access to medical, educational or other records of the minor;
(4) whether the parents of the minor will retain any rights to decision making regarding the minor's healthcare, education or other matters;
(5) any other provisions the guardian deems appropriate; and
(6) any other provisions the court requires.
(b) The guardian for a minor shall give notice of the filing of the guardian's plan under subsection (a), together with a copy of the plan, to the minor if the minor is 12 years of age or older, any attorney representing the minor in the guardianship proceeding or any other proceeding concerning the care or custody of the minor identified in the petition, each parent of the minor, a person entitled to notice under K.S.A. 59-30,133(d), and amendments thereto, or a subsequent order, and any other person the court determines. The notice shall include a statement of the right to object to the plan and shall be given at the time of the filing.
(c) The minor, a parent of the minor and any person entitled under subsection (b) to receive notice and a copy of the guardian's plan may object to the plan in writing not later than 21 days after the filing.
(d) The court shall review the guardian's plan filed under subsection (a) and determine whether to approve the plan, modify the plan or require a new plan. In deciding whether to approve the plan, the court shall consider an objection under subsection (c) and whether the plan is consistent with the guardian's duties and powers under K.S.A. 59-30,136 and 59-30,137, and amendments thereto. The court may not approve the plan until 30 days after the filing.
(e) After the guardian's plan filed under this section is approved by the court, the guardian shall provide a copy of the plan to the minor if the minor is 12 years of age or older, to any attorney representing the minor in the guardianship proceeding or any other proceeding concerning the care or custody of the minor identified in the petition, to each parent of the minor, to any person entitled to notice under K.S.A. 59-30,133(d), and amendments thereto, or a subsequent order, and any other person the court determines.
History: L. 2025, ch. 40, § 63; January 1, 2026.
(a) On petition and after notice and hearing, the court may:
(1) Appoint a guardian for an adult if the court finds by clear and convincing evidence that:
(A) The respondent lacks the ability to meet essential requirements for physical health, safety or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance or supported decision making; and
(B) the respondent's identified needs cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative; or
(2) with appropriate findings, treat the petition as one for a conservatorship under K.S.A. 59-30,160 through 59-30,195, and amendments thereto, or a protective arrangement under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, issue any appropriate order or dismiss the proceeding.
(b) The court shall grant a guardian appointed under subsection (a) only those powers necessitated by the demonstrated needs and limitations of the respondent and issue orders that will encourage development of the respondent's maximum self-determination and independence. The court may not establish a full guardianship if a limited guardianship, protective arrangement instead of guardianship or other less restrictive alternatives would meet the needs of the respondent.
History: L. 2025, ch. 40, § 64; January 1, 2026.
(a) A person interested in an adult's welfare, including the adult for whom the order is sought, may file a verified petition for appointment of a guardian for the adult.
(b) A petition under subsection (a) must state the petitioner's name, principal residence, current street address if different, relationship to the respondent, interest in the appointment, the name and address of any attorney representing the petitioner and, to the extent known, the following:
(1) The respondent's name, age, principal residence, current street address if different and address of the dwelling in which it is proposed the respondent will reside if the petition is granted;
(2) the name and address of the respondent's:
(A) Spouse or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the 12-month period immediately before the filing of the petition;
(B) adult children, adult stepchildren, adult grandchildren and each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and
(C) adult former stepchildren with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the petition;
(3) the name and current address of each of the following, if applicable:
(A) A person primarily responsible for care of the respondent;
(B) any attorney currently representing the respondent;
(C) any representative payee appointed by the social security administration for the respondent;
(D) a guardian or conservator acting for the respondent in this state or in another jurisdiction;
(E) a trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
(F) any fiduciary for the respondent appointed by the department of veterans affairs and any curator appointed under K.S.A. 73-507, and amendments thereto;
(G) an agent designated under a power of attorney for healthcare in which the respondent is identified as the principal;
(H) an agent designated under a power of attorney for finances in which the respondent is identified as the principal;
(I) a person nominated as guardian by the respondent;
(J) a person nominated as guardian by the respondent's parent or spouse in a will or other signed record; and
(K) a person known to have routinely assisted the respondent with decision making during the six months immediately before the filing of the petition;
(4) (A) The proposed guardian's name, age, date of birth, gender, address, place of employment and relationship to the respondent, if any;
(B) the reason the proposed guardian should be selected;
(C) any potential conflict of interest including any personal or agency interest of the proposed guardian that may be perceived as self-serving or adverse to the position or best interest of the respondent; and
(D) whether the proposed guardian is under contract with the Kansas guardianship program;
(5) the reason a guardianship is necessary, including a description of:
(A) The nature and extent of the respondent's alleged need;
(B) any protective arrangement instead of guardianship or other less restrictive alternatives for meeting the respondent's alleged need which have been considered or implemented;
(C) if no protective arrangement instead of guardianship or other less restrictive alternatives have been considered or implemented, the reason they have not been considered or implemented; and
(D) the reason a protective arrangement instead of guardianship or other less restrictive alternative is insufficient to meet the respondent's alleged need;
(6) whether the petitioner seeks a limited guardianship or full guardianship;
(7) if the petitioner seeks a full guardianship, the reason a limited guardianship or protective arrangement instead of guardianship is not appropriate;
(8) if a limited guardianship is requested, the powers to be granted to the guardian;
(9) the name and current address, if known, of any person with whom the petitioner seeks to limit the respondent's contact;
(10) if the respondent has property other than personal effects, a general statement of the respondent's property, with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts; and
(11) whether the respondent needs an interpreter, translator or other form of support to communicate effectively with the court or understand court proceedings.
History: L. 2025, ch. 40, § 65; January 1, 2026.
(a) On filing of a petition under K.S.A. 59-30,142, and amendments thereto, for appointment of a guardian for an adult, the court shall set a date, time and place for hearing the petition.
(b) A copy of a petition under K.S.A. 59-30,142, and amendments thereto, and notice of a hearing on the petition must be served personally on the respondent. The notice must inform the respondent of the respondent's rights at the hearing, including the right to an attorney and to attend the hearing. The notice must include a description of the nature, purpose and consequences of granting the petition. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent. The court may order any of the following persons to serve the notice upon the respondent:
(1) The petitioner or the attorney for the petitioner;
(2) the attorney appointed by the court to represent the respondent;
(3) any law enforcement officer; or
(4) any other person whom the court finds to be a proper person to serve this notice.
(c) In a proceeding on a petition under K.S.A. 59-30,142, and amendments thereto, the notice required under subsection (b) must be given to the persons required to be listed in the petition under K.S.A. 59-30,142(b)(1) through (3), and amendments thereto, and any other person interested in the respondent's welfare the court determines. Failure to give notice under this subsection does not preclude the court from appointing a guardian.
(d) After the appointment of a guardian, notice of a hearing on a petition for any other order under K.S.A. 59-30,141 through 59-30,159, and amendments thereto, together with a copy of the petition, must be given to:
(1) The adult subject to guardianship;
(2) the guardian; and
(3) any other person the court determines.
History: L. 2025, ch. 40, § 66; January 1, 2026.
(a) On receipt of a petition under K.S.A. 59-30,142, and amendments thereto, for appointment of a guardian for an adult, the court may appoint a court liaison. The court liaison must be an individual with training or experience in the type of abilities, limitations and needs alleged in the petition.
(b) (1) A court liaison appointed under subsection (a) shall interview the respondent in person and, in a manner the respondent is best able to understand:
(A) Explain, in general, the petition and the nature and purpose of the proceeding, including the potential loss of rights as a result of the proceeding; and
(B) obtain the respondent's views about the appointment sought by the petitioner, including views about a proposed guardian, the guardian's proposed powers and duties and the scope and duration of the proposed guardianship.
(2) These explanations and discussions are not intended to be a substitute for the attorney appointed to represent the respondent to inform the respondent of the respondent's rights and the nature and purpose of the proceeding.
(c) The court liaison appointed under subsection (a) may be assigned any or all of the following duties, in the discretion of the presiding judge:
(1) Interview the petitioner and proposed guardian, if any;
(2) visit the respondent's present dwelling and any dwelling in which it is reasonably believed the respondent will live if the appointment is made;
(3) obtain information from any physician or other provider known to have treated, advised or assessed the respondent's relevant physical or mental condition, to the extent that such information has not already been provided to the court; and
(4) investigate the allegations in the petition and any other matter relating to the petition as directed by the court, including, but not limited to, the respondent's family relationships, past conduct, the nature and extent of any property or income of the respondent, whether the respondent is likely to injure self or others and other matters as the court may specify.
(d) A court liaison appointed under subsection (a) shall file a report with the court at least 10 days prior to the hearing on the petition, or other hearing as directed by the court. Unless otherwise ordered by the court, such report must include:
(1) A summary of self-care and independent-living tasks the respondent can manage without assistance or with existing supports, could manage with the assistance of appropriate supportive services, technological assistance or supported decision making, and cannot manage;
(2) a recommendation regarding the appropriateness of guardianship, including whether a protective arrangement instead of guardianship or other less restrictive alternative for meeting the respondent's needs is available and:
(A) If a guardianship is recommended, whether it should be full or limited; and
(B) if a limited guardianship is recommended, the powers to be granted to the guardian;
(3) a statement of the qualifications of the proposed guardian and whether the respondent approves or disapproves of the proposed guardian;
(4) a statement whether the proposed dwelling meets the respondent's needs and whether the respondent has expressed a preference as to residence;
(5) a statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
(6) a statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and
(7) any other matter the court directs.
(e) The costs of an investigation by a court liaison shall be assessed as provided for in K.S.A. 59-30,119, and amendments thereto.
History: L. 2025, ch. 40, § 67; January 1, 2026.
(a) The court shall appoint an attorney to represent the respondent, regardless of the respondent's ability to pay. The court shall give preference in the appointment of an attorney to any attorney who has represented the respondent in other matters if the court has knowledge of that prior representation or to an attorney whom the respondent has requested. Any appointment made by the court shall terminate after the guardian's plan has been approved and after any appeal from the appointment of a guardian, unless the court continues the appointment by further order. Thereafter, an attorney may be appointed by the court if requested, in writing, by the adult subject to guardianship, the guardian, or upon the court's own motion.
(b) An attorney representing the respondent in a proceeding for appointment of a guardian for an adult shall:
(1) Make reasonable efforts to ascertain the respondent's wishes;
(2) advocate for the respondent's wishes to the extent reasonably ascertainable; and
(3) if the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive in type, duration and scope, consistent with the respondent's interests.
(c) An attorney representing the respondent shall interview the respondent in person and, in a manner the respondent is best able to understand:
(1) Explain to the respondent the substance of the petition, the nature, purpose and effect of the proceeding, the respondent's rights at the hearing on the petition and the general powers and duties of a guardian;
(2) determine the respondent's views about the appointment sought by the petitioner, including views about a proposed guardian, the guardian's proposed powers and duties and the scope and duration of the proposed guardianship; and
(3) inform the respondent that all costs and expenses of the proceeding, including respondent's attorney fees, may be paid from the respondent's assets.
History: L. 2025, ch. 40, § 68; January 1, 2026.
(a) Upon the filing of the petition or any other time at or before the hearing, if the contents of the petition or evidence at the hearing support a prima facie case of the need for a guardian, the court shall order an examination and evaluation of the respondent to be conducted through a general hospital, psychiatric hospital, community mental health center, community developmental disability organization or by a licensed physician, psychiatrist, psychologist, physician assistant, nurse practitioner, social worker or other professional appointed by the court who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest.
(b) Unless otherwise specified by the court, the report of the examination and evaluation submitted to the court shall contain:
(1) The respondent's name, age and date of birth;
(2) a description of the respondent's physical and mental condition;
(3) a description of the nature and extent of the respondent's cognitive and functional abilities and limitations, including adaptive behaviors and social skills, and, as appropriate, educational and developmental potential;
(4) a summary of self-care and independent-living tasks the respondent can manage without assistance or with existing supports, could manage with the assistance of appropriate supportive services, technological assistance or supported decision making, and cannot manage;
(5) a prognosis for any improvement and, as appropriate, any recommendation for treatment or rehabilitation;
(6) a list and description of any prior assessments, evaluations or examinations of the respondent, including the dates thereof, which were relied upon in the preparation of this evaluation;
(7) the date and location where this examination and evaluation occurred, and the name or names of the professional or professionals performing the examination and evaluation and such professional's qualifications;
(8) a statement by the professional that the professional has personally completed an independent examination and evaluation of the respondent, and that the report submitted to the court contains the results of that examination and evaluation, and the professional's opinion with regard to the issues of whether or not the respondent is in need of a guardian and whether there are barriers to the respondent's attendance and participation at the hearing on the petition; and
(9) the signature of the professional who prepared the report.
(c) The professional shall file with the court, at least five days prior to the date of the trial, such professional's written report concerning the examination and evaluation ordered by the court. The report shall be made available by the court to counsel for all parties.
(d) In lieu of entering an order for an examination and evaluation as provided for in this section, the court may determine that the report accompanying the petition is in compliance with the requirements of this section and that no further examination or evaluation should be required, unless the respondent, or such person's attorney, requests such an examination and evaluation in writing. Any such request shall be filed with the court, and a copy thereof delivered to the petitioner, at least four days prior to the date of the trial. Accompanying the request shall be a statement of the reasons why an examination and evaluation is requested and the name and address of a qualified professional or facility willing and able to conduct this examination and evaluation. If the court orders a further examination and evaluation, the court may continue the trial and fix a new date, time and place of the trial at a time not to exceed 30 days from the date of the filing of the request.
History: L. 2025, ch. 40, § 69; January 1, 2026.
(a) Except as otherwise provided in subsection (b), a hearing under K.S.A. 59-30,143, and amendments thereto, may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audio-visual technology.
(b) A hearing under K.S.A. 59-30,143, and amendments thereto, may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:
(1) The respondent is choosing not to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so; or
(2) there is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance.
(c) The respondent may be assisted in a hearing under K.S.A. 59-30,143, and amendments thereto, by a person or persons of the respondent's choosing, assistive technology or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
(d) The respondent has a right to retain an attorney to represent the respondent at a hearing under K.S.A. 59-30,143, and amendments thereto.
(e) At a hearing held under K.S.A. 59-30,143, and amendments thereto, the respondent may:
(1) Present evidence and subpoena witnesses and documents;
(2) examine witnesses, including any court-appointed evaluator and the court liaison; and
(3) otherwise participate in the hearing.
(f) Unless excused by the court for good cause, a proposed guardian shall attend a hearing under K.S.A. 59-30,143, and amendments thereto.
(g) A hearing under K.S.A. 59-30,143, and amendments thereto, must be closed on request of the respondent and a showing of good cause.
(h) Any person may request to participate in a hearing under K.S.A. 59-30,143, and amendments thereto. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.
History: L. 2025, ch. 40, § 70; January 1, 2026.
(a) The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the record after:
(1) The respondent or individual subject to guardianship requests the record be sealed; and
(2) either:
(A) The petition for guardianship is dismissed; or
(B) the guardianship is terminated.
(b) (1) The following court records are a matter of public record unless sealed by the court:
(A) Letters of guardianship;
(B) orders suspending or removing a guardian; and
(C) orders terminating a guardianship.
(2) All other court records of a guardianship proceeding are not a matter of public record except as further provided.
(3) The following persons are entitled to access court records of the proceeding and resulting guardianship, including the guardian's plan under K.S.A. 59-30,156, and amendments thereto, and report under K.S.A. 59-30,157, and amendments thereto:
(A) An adult subject to a proceeding for a guardianship, whether or not a guardian is appointed;
(B) an attorney designated by the adult;
(C) a person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order; and
(D) a licensed attorney, abstractor or title insurance agent.
(4) A person not otherwise entitled to access court records under this subsection for good cause may request permission from the court for access to court records of the guardianship, including the guardian's report and plan. The court shall grant access if access is in the best interest of the respondent or adult subject to guardianship or furthers the public interest and does not endanger the welfare or financial interests of the adult.
(c) A report under K.S.A. 59-30,144, and amendments thereto, of a court liaison or a professional evaluation under K.S.A. 59-30,146, and amendments thereto, is confidential and must be sealed on filing, but is available to:
(1) The court;
(2) the individual who is the subject of the report or evaluation, without limitation as to use;
(3) the petitioner, court liaison and petitioner's and respondent's attorneys, for purposes of the proceeding;
(4) unless the court orders otherwise, an agent appointed under a power of attorney for healthcare or power of attorney for finances in which the respondent is the principal; and
(5) any other person if it is in the public interest or for a purpose the court orders for good cause.
History: L. 2025, ch. 40, § 71; January 1, 2026.
(a) Except as otherwise provided in subsection (c), the court in appointing a guardian for an adult shall consider persons qualified to be guardian in the following order of priority:
(1) A guardian, other than a temporary or emergency guardian, currently acting for the respondent in another jurisdiction;
(2) a person nominated as guardian by the respondent, including the respondent's most recent nomination made in a power of attorney;
(3) an agent appointed by the respondent under a power of attorney for healthcare;
(4) a spouse of the respondent;
(5) a family member or other individual who has shown special care and concern for the respondent; and
(6) a person nominated as guardian by the spouse, adult child or other close family member of the respondent.
(b) If two or more persons have equal priority under subsection (a), the court shall select as guardian the person the court considers best qualified. In determining the best qualified person, the court shall consider the person's relationship with the respondent, the person's skills, the expressed wishes of the respondent, the extent to which the person and the respondent have similar values and preferences and the likelihood the person will be able to perform the duties of a guardian successfully.
(c) The court, acting in the best interest of the respondent, may decline to appoint as guardian a person having priority under subsection (a) and appoint a person having a lower priority or no priority.
(d) In determining whether the appointment of a proposed guardian is in the best interest of the respondent, the court shall consider the number of other cases in which the proposed guardian, other than a corporation, is currently serving as guardian, particularly if that number is more than 15.
(e) The following persons shall not be appointed as guardian unless the court finds by clear and convincing evidence that the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent:
(1) A person that provides paid services to the respondent, or an individual who is employed by a person that provides paid services to the respondent, or is the spouse, parent or child of an individual who provides or is employed to provide paid services to the respondent;
(2) an owner, operator or employee of any entity at which the respondent is receiving care; and
(3) a person who provides care or other services, or is an employee of an agency, partnership or corporation that provides care or other services to persons with needs similar to those of the respondent.
History: L. 2025, ch. 40, § 72; January 1, 2026.
(a) A court order appointing a guardian for an adult must:
(1) Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative, including use of appropriate supportive services, technological assistance or supported decision making; and
(2) include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition.
(b) A court order establishing a full guardianship for an adult must state the basis for granting a full guardianship and include specific findings that support the conclusion that a limited guardianship would not meet the functional needs of the adult subject to guardianship.
(c) A court order establishing a limited guardianship for an adult must state the specific powers granted to the guardian.
(d) A court order appointing a guardian for an adult must include the date of a review hearing to be set 90 days after the order of appointment is entered. At that hearing, the court shall review the guardian's plan filed pursuant to K.S.A. 59-30,156, and amendments thereto.
(e) The court, as part of an order establishing a guardianship for an adult, shall identify any person that subsequently is entitled to:
(1) Notice of the rights of the adult under K.S.A. 59-30,151(b), and amendments thereto;
(2) notice of a change in the primary dwelling of the adult;
(3) notice that the guardian will be unavailable to visit the adult for more than two months or unavailable to perform the guardian's duties for more than one month;
(4) a copy of the guardian's plan under K.S.A. 59-30,156, and amendments thereto, and the guardian's report under K.S.A. 59-30,157, and amendments thereto;
(5) access to court records relating to the guardianship;
(6) notice of the death or significant change in the condition of the adult;
(7) notice of a petition or hearing to limit or modify the powers of the guardian or that the court has limited or modified the powers of the guardian; and
(8) notice of a petition or hearing to remove the guardian or that the court has removed the guardian.
(f) A spouse and adult children of an adult subject to guardianship are entitled to notice under subsection (e) unless the court determines notice would be contrary to the preferences or prior directions of the adult subject to guardianship or not in the best interest of the adult.
History: L. 2025, ch. 40, § 73; January 1, 2026.
(a) Not later than 14 days after the appointment, a guardian appointed under K.S.A. 59-30,149, and amendments thereto, shall give the adult subject to guardianship and all other persons given notice under K.S.A. 59-30,143, and amendments thereto, a copy of the order of appointment.
(b) Not later than 30 days after appointment of a guardian under K.S.A. 59-30,149, and amendments thereto, the court or the court's designee shall give to the adult subject to guardianship, the guardian and any other person entitled to notice under K.S.A. 59-30,149(e), and amendments thereto, or a subsequent order a statement of the rights of the adult subject to guardianship and procedures to seek relief if the adult is denied those rights. The statement must be in at least 16-point font, in plain language and, to the extent feasible, in a language in which the adult subject to guardianship is proficient. The statement must notify the adult subject to guardianship of the right to:
(1) Seek termination or modification of the guardianship, or removal of the guardian, and choose an attorney to represent the adult in these matters;
(2) file a grievance against the guardian under K.S.A. 59-30,127, and amendments thereto;
(3) be involved in decisions affecting the adult, including decisions about the adult's care, dwelling, activities or social interactions, to the extent reasonably feasible, and that the adult retains the right to vote and the right to marry;
(4) be involved in healthcare decision making to the extent reasonably feasible and supported in understanding the risks and benefits of healthcare options to the extent reasonably feasible;
(5) be notified at least 14 days before a change in the adult's primary dwelling or permanent move to a nursing home, mental health facility or other facility that places restrictions on the individual's ability to leave or have visitors unless the change or move is proposed in the guardian's plan under K.S.A. 59-30,156, and amendments thereto, or authorized by the court by specific order;
(6) object to a change or move described in paragraph (5) and the process for objecting;
(7) communicate, visit or interact with others, including receiving visitors, and making or receiving telephone calls, personal mail or electronic communications, including through social media, unless:
(A) The guardian has been authorized by the court by specific order to restrict communications, visits or interactions;
(B) a protective order or protective arrangement instead of guardianship is in effect that limits contact between the adult and a person; or
(C) the guardian has good cause to believe restriction is necessary because interaction with a specified person poses a risk of significant physical, psychological or financial harm to the adult, and the restriction is:
(i) For a period of not more than seven business days if the person has a family or pre-existing social relationship with the adult; or
(ii) for a period of not more than 60 days if the person does not have a family or pre-existing social relationship with the adult;
(8) receive a copy of the guardian's plan under K.S.A. 59-30,156, and amendments thereto, and the guardian's report under K.S.A. 59-30,157, and amendments thereto; and
(9) object to the guardian's plan or report.
(c) Any person required to provide notice under this section shall file proof of service of such notice with the court.
History: L. 2025, ch. 40, § 74; January 1, 2026.
(a) On its own after a petition has been filed under K.S.A. 59-30,142, and amendments thereto, or on verified petition by a person interested in an adult's welfare, the court may appoint an emergency guardian for the adult if the court finds a sufficient factual basis to establish probable cause that:
(1) Appointment of an emergency guardian is necessary to prevent imminent and substantial harm to the adult's physical health, safety or welfare;
(2) no other person has authority and willingness to act in the circumstances; and
(3) a basis for appointment of a guardian under K.S.A. 59-30,141, and amendments thereto, exists.
(b) The duration of authority of an emergency guardian for an adult may not exceed 30 days, and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian's authority may be extended up to three times for not more than 30 days per extension if the court finds good cause and that the conditions for appointment of an emergency guardian in subsection (a) continue.
(c) Immediately upon filing of a petition for appointment of an emergency guardian for an adult, the court shall appoint an attorney to represent the respondent in the proceeding. Except as otherwise provided in subsection (d), reasonable notice of the date, time, and place of a hearing on the petition must be given to the respondent, the respondent's attorney and any other person the court determines.
(d) The court may appoint an emergency guardian for an adult without notice to the adult and any attorney for the adult only if the court finds from an affidavit or testimony that the respondent's physical health, safety or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian without giving notice under subsection (c), the court must:
(1) Give notice of the appointment not later than 48 hours after the appointment to:
(A) The respondent;
(B) the respondent's attorney; and
(C) any other person the court determines; and
(2) hold a hearing on the appropriateness of the appointment not later than five days after the appointment.
(e) Appointment of an emergency guardian under this section is not a determination that a basis exists for appointment of a guardian under K.S.A. 59-30,141, and amendments thereto.
(f) The court may remove an emergency guardian appointed under this section at any time. The emergency guardian shall make any report the court requires.
History: L. 2025, ch. 40, § 75; January 1, 2026.
(a) A guardian for an adult is a fiduciary. A guardian shall strive to assure that the personal, civil and human rights of the individual subject to guardianship are protected. Except as otherwise limited by the court, a guardian for an adult shall make decisions regarding the support, care, education, health and welfare of the adult subject to guardianship to the extent necessitated by the adult's limitations and in accordance with the guardian's plan under K.S.A. 59-30,156, and amendments thereto.
(b) A guardian for an adult shall promote the self-determination of the adult and, to the extent reasonably feasible, include the adult in decision making, and encourage the adult to participate in decisions, act on the adult's own behalf, and develop or regain the capacity to manage the adult's personal affairs. In furtherance of this duty, the guardian shall:
(1) Become or remain personally acquainted with the adult and maintain sufficient contact with the adult, including through regular visitation, to know the adult's abilities, limitations, needs, opportunities and physical and mental health;
(2) to the extent reasonably feasible, identify the values and preferences of the adult and involve the adult in decisions affecting the adult, including decisions about the adult's care, dwelling, activities or social interactions; and
(3) make reasonable efforts to identify and facilitate supportive relationships and services for the adult.
(c) A guardian for an adult at all times shall exercise reasonable care, diligence and prudence when acting on behalf of or making decisions for the adult. In furtherance of this duty, the guardian shall:
(1) Take reasonable care of the personal effects and service or support animals of the adult and bring a proceeding for a conservatorship or protective arrangement instead of conservatorship if necessary to protect the adult's property;
(2) if authorized by the court under K.S.A. 59-30,155, and amendments thereto, expend funds and other property of the adult received by the guardian for the adult's current needs for support, care, education, health and welfare;
(3) conserve any funds and other property of the adult not expended under paragraph (2) for the adult's future needs, but if a conservator has been appointed for the adult, pay the funds and other property at least quarterly to the conservator to be conserved for the adult's future needs; and
(4) monitor the quality of services, including long-term care services, provided to the adult.
(d) In making a decision for an adult subject to guardianship, the guardian shall make the decision the guardian reasonably believes the adult would make if the adult were able unless doing so would unreasonably harm or endanger the welfare or personal or financial interests of the adult. To determine the decision the adult subject to guardianship would make if able, the guardian shall consider the adult's previous or current directions, preferences, opinions, cultural practices, religious beliefs, values and actions, to the extent actually known or reasonably ascertainable by the guardian.
(e) If a guardian for an adult cannot make a decision under subsection (d) because the guardian does not know and cannot reasonably determine the decision the adult probably would make if able, or the guardian reasonably believes the decision the adult would make would unreasonably harm or endanger the welfare or personal or financial interests of the adult, the guardian shall act in accordance with the best interest of the adult. In determining the best interest of the adult, the guardian shall consider:
(1) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the adult;
(2) other information the guardian believes the adult would have considered if the adult were able to act; and
(3) other factors a reasonable person in the circumstances of the adult would consider, including consequences for others.
(f) A guardian for an adult shall notify the court immediately if the condition of the adult has changed so that the adult is capable of exercising rights previously removed.
History: L. 2025, ch. 40, § 76; January 1, 2026.
(a) Except as limited by court order, a guardian for an adult may:
(1) If authorized by the court under K.S.A. 59-30,155, and amendments thereto, apply for and receive funds and benefits for the support of the adult, unless a conservator is appointed for the adult and the application or receipt is within the powers of the conservator;
(2) establish the adult's place of dwelling;
(3) consent to health, including mental health, or other care, treatment or service for the adult;
(4) if a conservator for the adult has not been appointed, commence a proceeding including an administrative proceeding, or take other appropriate action to compel another person to support the adult or pay funds for the adult's benefit; and
(5) receive personally identifiable healthcare information regarding the adult.
(b) The court by specific order may authorize a guardian for an adult to consent to the adoption of the adult.
(c) The court by specific order may authorize a guardian for an adult to litigate as petitioner or respondent an action for divorce, dissolution or annulment of marriage of the individual subject to guardianship, including negotiation of a settlement thereof.
(d) In determining whether to authorize a power under subsection (b) or (c), the court shall consider whether the underlying act would be in accordance with the adult's preferences, values and prior directions and whether the underlying act would be in the adult's best interest.
(e) In exercising a guardian's power under subsection (a)(2) to establish the adult's place of dwelling, the guardian shall:
(1) Select a residential setting the guardian believes the adult would select if the adult were able, in accordance with the decision-making standard in K.S.A. 59-30,153(d) and (e), and amendments thereto. If the guardian does not know and cannot reasonably determine what setting the adult subject to guardianship probably would choose if able, or the guardian reasonably believes the decision the adult would make would unreasonably harm or endanger the welfare or personal or financial interests of the adult, the guardian shall choose in accordance with K.S.A. 59-30,153(e), and amendments thereto, a residential setting that is consistent with the adult's best interest;
(2) in selecting among residential settings, give priority to a residential setting in a location that will allow the adult to interact with persons important to the adult and meet the adult's needs in the least restrictive manner reasonably feasible unless to do so would be inconsistent with the decision-making standard in K.S.A. 59-30,153(d) and (e), and amendments thereto;
(3) not later than 30 days after a change in the dwelling of the adult:
(A) Give notice of the change to the court, the adult and any person identified as entitled to the notice in the court order appointing the guardian or a subsequent order; and
(B) include in the notice the address and nature of the new dwelling and state whether the adult received advance notice of the change and whether the adult objected to the change;
(4) establish or move the permanent place of dwelling of the adult to a nursing home, mental health facility or other facility that places restrictions on the adult's ability to leave or have visitors only if:
(A) The establishment or move is in the guardian's plan under K.S.A. 59-30,156, and amendments thereto;
(B) the court authorizes the establishment or move; or
(C) the guardian gives notice of the establishment or move at least 14 days before the establishment or move to the adult and all persons entitled to notice under K.S.A. 59-30,150(e)(2), and amendments thereto, or a subsequent order, and no objection is filed;
(5) establish or move the place of dwelling of the adult outside this state only if consistent with the guardian's plan and authorized by the court by specific order; and
(6) take action that would result in the sale of or surrender of the lease to the primary dwelling of the adult only if:
(A) The action is specifically included in the guardian's plan under K.S.A. 59-30,156, and amendments thereto;
(B) the court authorizes the action by specific order; or
(C) notice of the action was given at least 14 days before the action to the adult and all persons entitled to the notice under K.S.A. 59-30,150(e)(2), and amendments thereto, or a subsequent order and no objection has been filed.
(f) In exercising a guardian's power under subsection (a)(3) to make healthcare decisions, the guardian shall:
(1) Involve the adult in decision making to the extent reasonably feasible, including, when practicable, by encouraging and supporting the adult in understanding the risks and benefits of healthcare options;
(2) act in accordance with any declaration of the adult made pursuant to the provisions of K.S.A. 65-28,101 through 65-28,109, and amendments thereto; and
(3) take into account:
(A) The risks and benefits of treatment options; and
(B) the current and previous wishes and values of the adult, if known or reasonably ascertainable by the guardian.
History: L. 2025, ch. 40, § 77; January 1, 2026.
(a) A guardian for an adult shall not initiate the commitment of the adult to a mental health facility except in accordance with the care and treatment act for mentally ill persons, K.S.A. 59-2945 et seq., and amendments thereto.
(b) A guardian for an adult shall not restrict the ability of the adult to communicate, visit or interact with others, including receiving visitors and making or receiving telephone calls, personal mail or electronic communications, including through social media, or participating in social activities, unless:
(1) Authorized by the court by specific order;
(2) a protective order or a protective arrangement instead of guardianship is in effect that limits contact between the adult and a person; or
(3) the guardian has good cause to believe restriction is necessary because interaction with a specified person poses a risk of significant physical, psychological or financial harm to the adult and the restriction is:
(A) For a period of not more than seven business days if the person has a family or pre-existing social relationship with the adult; or
(B) for a period of not more than 60 days if the person does not have a family or pre-existing social relationship with the adult.
(c) A guardian for an adult shall not consent, on behalf of the adult, to:
(1) Any psychosurgery, removal of any bodily organ or amputation of any limb, unless such surgery, removal or amputation has been approved in advance by the court, except in an emergency and when necessary to preserve the life of the adult or to prevent serious and irreparable impairment to the physical health of the adult;
(2) the sterilization of the adult, unless approved by the court following a due process hearing held for the purposes of determining whether to approve such, and during which hearing the adult is represented by an attorney appointed by the court;
(3) the performance of any experimental biomedical or behavioral procedure on the adult, or for the adult to be a participant in any biomedical or behavioral experiment, without the prior review and approval of such by either an institutional review board as provided for in title 45, part 46 of the code of federal regulations, or if such regulations do not apply, then by a review committee established by the agency, institution or treatment facility at which the procedure or experiment is proposed to occur, composed of members selected for the purposes of determining whether the proposed procedure or experiment:
(A) Does not involve any significant risk of harm to the physical or mental health of the adult, or the use of aversive stimulants, and is intended to preserve the life or health of the adult or to assist the adult to develop or regain skills or abilities; or
(B) involves a significant risk of harm to the physical or mental health of the adult, or the use of an aversive stimulant, but that the conducting of the proposed procedure or experiment is intended either to preserve the life of the adult, or to significantly improve the quality of life of the adult, or to assist the adult to develop or regain significant skills or abilities, and that the guardian has been fully informed concerning the potential risks and benefits of the proposed procedure or experiment or of any aversive stimulant proposed to be used, and as to how and under what circumstances the aversive stimulant may be used, and has specifically consented to such;
(4) the withholding or withdrawal of life-saving or life-sustaining medical care, treatment, services or procedures, except:
(A) In accordance with the provisions of any declaration of the adult made pursuant to the provisions of K.S.A. 65-28,101 through 65-28,109, and amendments thereto;
(B) if the adult, prior to the court's appointment of a guardian, has executed a durable power of attorney for healthcare decisions pursuant to K.S.A. 58-625, et seq., and amendments thereto, and that durable power of attorney has not previously been revoked by the adult, and it includes any provision relevant to the withholding or withdrawal of life-saving or life-sustaining medical care, treatment, services or procedures, then the guardian shall act as provided for in that power of attorney, even if the guardian has revoked or amended that power of attorney pursuant to the authority of K.S.A. 58-627, and amendments thereto; or
(C) in accordance with subsection (d) or (e).
(d) (1) It shall be presumed that every adult under guardianship has directed such adult's guardian to direct the adult's healthcare providers to provide such adult with nutrition or hydration or both to a degree that is sufficient to sustain life. No court, guardian or any person shall have the authority to make a decision on behalf of an adult who is legally incapable of making healthcare decisions to withhold or withdraw nutrition or hydration or both from such adult except if:
(A) The adult, when legally capable of making healthcare decisions, executed, expressly and with informed consent, a written directive specifically authorizing the withholding or withdrawal of nutrition or hydration or both under the adult's current circumstances. Such directive shall include, but not be limited to, a declaration or a durable power of attorney for healthcare decisions described in subsection (c)(4); or
(B) the adult's treating physician certifies in writing that, in the physician's reasonable medical judgment:
(i) The provision of nutrition or hydration or both to the adult would hasten death; or
(ii) the adult would be incapable of digesting or absorbing the nutrition or hydration or both so that its provision would not contribute to sustaining the adult's life.
(2) (A) Prior to withholding or withdrawing nutrition or hydration or both under paragraph (1)(B), a motion shall be filed with the court with the written certification from the adult's treating physician.
(B) Notice of such filing shall be provided to the adult subject to guardianship, any attorney representing the adult subject to guardianship and any other person whom the court determines at the time of filing of the petition.
(C) The court shall appoint an attorney for the adult. The court may request that the state protection and advocacy agency as provided by K.S.A. 65-5603(a)(10) or 74-5515, and amendments thereto, or 42 U.S.C. § 15043, 42 U.S.C. § 10805 or 29 U.S.C. § 794e, represent the adult.
(D) The court shall hold a hearing within 72 hours or as soon thereafter as the court is available.
(E) The court shall not authorize withholding or withdrawing nutrition or hydration or both unless the court finds by clear and convincing evidence that:
(i) The provision of nutrition or hydration or both to the adult would hasten death; or
(ii) the adult would be incapable of digesting or absorbing the nutrition or hydration or both so that its provision would not contribute to sustaining the adult's life.
(3) (A) A cause of action for injunctive relief may be maintained:
(i) Against any person who is reasonably believed to be about to violate or who is in the course of violating this subsection; or
(ii) to secure a court determination, notwithstanding the position of a guardian, that the adult legally incapable of making healthcare decisions, when legally capable of making such decisions, executed expressly and with informed consent, a written directive to withdraw or withhold hydration or nutrition or both in the applicable circumstances. Such written directive shall be presumed valid unless there is clear and convincing evidence to the contrary.
(B) The action may be brought by any person who is:
(i) The spouse, parent, child or sibling of the adult;
(ii) a current healthcare provider of the adult;
(iii) the guardian of the adult;
(iv) the state protection and advocacy agency as provided by K.S.A. 65-5603(a)(10) or 74-5515, and amendments thereto, or 42 U.S.C. § 15043, 42 U.S.C. § 10805 or 29 U.S.C. § 794e; or
(v) a public official with appropriate jurisdiction to enforce the laws of this state.
(C) Pending the final determination of the court, the court shall direct that nutrition or hydration or both be provided to such adult unless the court determines that paragraph (3)(A) is applicable.
(e) (1) No court, guardian or any person shall have the authority to make a decision on behalf of an adult who is legally incapable of making healthcare decisions to withhold or withdraw life-saving or life-sustaining medical care, treatment, services or procedures from such adult except if:
(A) The adult, when legally capable of making healthcare decisions, executed, expressly and with informed consent, a written directive specifically authorizing the withholding or withdrawing of life-saving or life-sustaining medical care, treatment, services or procedures from such adult under the adult's current circumstances. Such directive shall include, but not be limited to, a declaration or a durable power of attorney for healthcare decisions described in subsection (c)(4); or
(B) (i) The adult's treating physician certifies in writing to the guardian that the adult is suffering from a severe illness and that life-sustaining medical care is objectively futile and would only prolong the dying process; and
(ii) such opinion is concurred in by either a second physician or by any medical ethics or similar committee to which the healthcare provider has access established for the purposes of reviewing such circumstances and the appropriateness of any type of physician's order that would have the effect of withholding or withdrawing life-saving or life-sustaining medical care.
(2) (A) Prior to withholding or withdrawal of life-saving or life-sustaining medical care, treatment, services or procedures under paragraph (1)(B), a motion shall be filed with the court with the written certification from the adult's treating physician.
(B) Notice of such filing shall be provided to the adult subject to guardianship, any attorney representing the adult subject to guardianship and any other person whom the court determines at the time of filing of the petition.
(C) The court shall appoint an attorney for the adult. The court may request that the state protection and advocacy agency as provided by K.S.A. 65-5603(a)(10) or 74-5515, and amendments thereto, or 42 U.S.C. § 15043, 42 U.S.C. § 10805 or 29 U.S.C. § 794e, represent the adult.
(D) The court shall hold a hearing within 72 hours or as soon thereafter as the court is available.
(E) The court shall not authorize withholding or withdrawal of life-saving or life-sustaining medical care, treatment, services or procedures unless the court finds by clear and convincing evidence that:
(i) The adult is suffering from a severe illness and that life-sustaining medical care is objectively futile and would only prolong the dying process; and
(ii) such opinion is concurred in by either a second physician or by any medical ethics or similar committee to which the healthcare provider has access established for the purposes of reviewing such circumstances and the appropriateness of any type of physician's order that would have the effect of withholding or withdrawing life-saving or life-sustaining medical care.
(f) A guardian for an adult shall not exercise any control or authority over the adult's estate, unless specifically authorized by the court. Any guardian who is granted such authority shall prepare an inventory and provide notice of the inventory as provided in K.S.A. 59-30,181, and amendments thereto. The court may assign such authority to the guardian and may waive the requirement of the posting of a bond, only if:
(1) Initially, the combined value of any funds and assets owned by the adult equals $25,000 or less; and
(2) either the court requires the guardian to report to the court the commencement of the exercising of such authority, or requires the guardian to obtain court authorization to commence the exercise of such authority, as the court shall specify; and
(3) the court also requires the guardian, whenever the combined value of such funds and property exceeds $25,000, to:
(A) File a guardian's plan as provided for in K.S.A. 59-30,156, and amendments thereto, that contains elements similar to those that would be contained in a conservator's plan as provided for in K.S.A. 59-30,180, and amendments thereto;
(B) petition the court for appointment of a conservator; or
(C) notify the court as the court shall specify that the value of the adult's estate has equaled or exceeded $25,000, if the court has earlier appointed a conservator but did not issue letters of conservatorship pending such notification;
(g) A guardian for an adult shall not access digital assets of the adult unless authorized by the court pursuant to K.S.A. 58-4814, and amendments thereto.
History: L. 2025, ch. 40, § 78; January 1, 2026.
(a) Not later than 60 days after appointment and when there is a significant change in circumstances, or the guardian seeks to deviate significantly from the existing guardian's plan, a guardian for an adult shall file with the court a plan for the care of the adult. The plan must be based on the needs of the adult and take into account the best interest of the adult as well as the adult's preferences, values and prior directions, to the extent known to or reasonably ascertainable by the guardian. The guardian shall include in the plan:
(1) The living arrangement, services and supports the guardian expects to arrange, facilitate or continue for the adult;
(2) social and educational activities the guardian expects to facilitate on behalf of the adult;
(3) any person with whom the adult has a close personal relationship or relationship involving regular visitation and any plan the guardian has for facilitating visits with the person;
(4) the anticipated nature and frequency of the guardian's visits and communication with the adult;
(5) goals for the adult, including any goal related to the restoration of the adult's rights, and how the guardian anticipates achieving the goals;
(6) whether the adult has an existing plan and, if so, whether the guardian's plan is consistent with the adult's plan; and
(7) a statement or list of the amount the guardian proposes to charge for each service the guardian anticipates providing to the adult.
(b) A guardian shall give notice of the filing of the guardian's plan under subsection (a), together with a copy of the plan, to the adult subject to guardianship, any attorney representing the adult subject to guardianship, a person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order, and any other person the court determines. The notice must include a statement of the right to object to the plan and must be given at the time of the filing.
(c) An adult subject to guardianship and any person entitled under subsection (b) to receive notice and a copy of the guardian's plan may object to the plan in writing no later than 21 days after the filing.
(d) The court shall review the guardian's plan filed under subsection (a) and determine whether to approve the plan or require a new plan. In deciding whether to approve the plan, the court shall consider an objection under subsection (c) and whether the plan is consistent with the guardian's duties and powers under K.S.A. 59-30,153 and 59-30,154, and amendments thereto. The court shall review an initial guardian's plan at the review hearing scheduled under K.S.A. 59-30,150(b), and amendments thereto. When reviewing subsequent guardian's plans, the court has discretion whether to set the matter for hearing but may not approve the plan until 30 days after the filing.
(e) After the guardian's plan filed under this section is approved by the court, the guardian shall provide a copy of the plan to the adult subject to guardianship, any attorney representing the adult subject to guardianship, a person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order, and any other person the court determines.
History: L. 2025, ch. 40, § 79; January 1, 2026.
(a) A guardian for an adult shall file with the court at least annually and at any other time the court directs a report in a record regarding the condition of the adult and accounting for funds and other property in the guardian's possession or subject to the guardian's control.
(b) A report under subsection (a) must state or contain:
(1) The mental, physical and social condition of the adult;
(2) the living arrangements of the adult during the reporting period;
(3) a summary of the supported decision making, technological assistance, medical services, educational and vocational services and other supports and services provided to the adult and the guardian's opinion as to the adequacy of the adult's care;
(4) a summary of the guardian's visits with the adult, including the frequency of the visits;
(5) action taken on behalf of the adult;
(6) the extent to which the adult has participated in decision making;
(7) if the adult is living in a mental health facility or living in a facility that provides the adult with healthcare or other personal services, whether the guardian considers the facility's current plan for support, care, treatment or habilitation consistent with the adult's preferences, values, prior directions and best interest;
(8) anything of more than de minimis value which the guardian, any individual who resides with the guardian, or the spouse, parent, child or sibling of the guardian has received from an individual providing goods or services to the adult;
(9) any circumstance that may constitute a conflict of interest between the guardian and the adult. A conflict of interest occurs where the guardian has some personal, business or agency interest that could be perceived as self-serving or adverse to the position or best interest of the adult, including, but not limited to, being paid for providing caregiver services to the adult;
(10) if a guardian has been granted financial authority under K.S.A. 59-30,155(e), and amendments thereto, an accounting that lists property included in the adult's estate and the receipts, disbursements, liabilities and distributions during the period for which the report is made;
(11) a copy of the guardian's most recently approved plan under K.S.A. 59-30,156, and amendments thereto, and a statement whether the guardian has deviated from the plan and, if so, how the guardian has deviated and why;
(12) plans for future care and support of the adult;
(13) a recommendation as to the need for continued guardianship and any recommended change in the scope of the guardianship, including whether the condition of the adult has changed so that the adult is capable of exercising rights previously removed; and
(14) whether any co-guardian or successor guardian appointed to serve when a designated event occurs is alive and able to serve.
(c) A guardian for an adult shall file a special report with the court upon the occurrence of any of the following:
(1) A change of address of the guardian;
(2) a change of residence or placement of the adult;
(3) a significant change in the health or impairment of the adult;
(4) the acquisition by the adult of any real property, or the receipt or accumulation of other property or income by the adult or by the guardian on behalf of the adult, which causes the total value of the adult's estate to equal or exceed $25,000;
(5) the death of the adult; or
(6) a change in the circumstances of the guardian or the adult that may constitute a conflict of interest. A conflict of interest occurs where the guardian has some personal, business or agency interest that could be perceived as self-serving or adverse to the position or best interest of the adult.
(d) The court may appoint a court liaison to review a report submitted under this section or a guardian's plan submitted under K.S.A. 59-30,156, and amendments thereto, interview the guardian or adult subject to guardianship or investigate any other matter involving the guardianship.
(e) Notice of the filing under this section of a guardian's report or special report, together with a copy of the report, must be given to the adult subject to guardianship, a person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order, and any other person the court determines. The notice and report must be given not later than 14 days after the filing.
(f) The court shall establish procedures for monitoring a report submitted under this section and review each report at least annually to determine whether:
(1) The report provides sufficient information to establish the guardian has complied with the guardian's duties;
(2) the guardianship should continue; and
(3) the guardian's requested fees, if any, should be approved.
(g) If the court determines that there is reason to believe a guardian for an adult has not complied with the guardian's duties or the guardianship should be modified or terminated, the court:
(1) Shall notify the adult, the guardian and any other person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order;
(2) may require additional information from the guardian;
(3) may appoint a court liaison to interview the adult or guardian or investigate any matter involving the guardianship; and
(4) consistent with K.S.A. 59-30,158 and 59-30,159, and amendments thereto, may hold a hearing to consider removal of the guardian, termination of the guardianship or a change in the powers granted to the guardian or terms of the guardianship.
(h) If the court has reason to believe fees requested by a guardian for an adult are not reasonable, the court shall hold a hearing to determine whether to adjust the requested fees.
(i) A guardian for an adult may petition the court for approval of a report filed under this section. The court after review may approve the report. If the court approves the report, there is a rebuttable presumption the report is accurate as to a matter adequately disclosed in the report.
History: L. 2025, ch. 40, § 80; January 1, 2026.
(a) The court may remove a guardian for an adult for failure to perform the guardian's duties or for other good cause and appoint a successor guardian to assume the duties of guardian.
(b) The court shall hold a hearing to determine whether to remove a guardian for an adult and appoint a successor guardian on:
(1) Petition of the adult, guardian or person interested in the welfare of the adult, which contains allegations that, if true, would support a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;
(2) communication from the adult, guardian or person interested in the welfare of the adult which supports a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate;
(3) determination by the court that a hearing would be in the best interest of the adult; or
(4) determination by the court that the guardian's annual reports are delinquent or deficient as filed.
(c) Notice of a petition under subsection (b)(1) or a hearing under this section must be given to the adult subject to guardianship, the guardian, a person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order, and any other person the court determines.
(d) If the adult subject to guardianship is not represented by an attorney, the court shall appoint an attorney under the same conditions as in K.S.A. 59-30,145, and amendments thereto. The court shall award reasonable attorney fees to the attorney for the adult as provided in K.S.A. 59-30,119, and amendments thereto.
(e) In selecting a successor guardian for an adult, the court shall follow the priorities under K.S.A. 59-30,149, and amendments thereto.
(f) Not later than 30 days after appointing a successor guardian, the court or the court's designee shall give notice of the appointment to the adult subject to guardianship and any person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order.
History: L. 2025, ch. 40, § 81; January 1, 2026.
(a) An adult subject to guardianship, the guardian for the adult or a person interested in the welfare of the adult may petition for:
(1) Termination of the guardianship on the ground that a basis for appointment under K.S.A. 59-30,141, and amendments thereto, does not exist or termination would be in the best interest of the adult or for other good cause; or
(2) modification of the guardianship on the ground that the extent of protection or assistance granted is not appropriate or for other good cause.
(b) The court shall hold a hearing to determine whether termination or modification of a guardianship for an adult is appropriate on:
(1) Petition under subsection (a) which contains allegations that, if true, would support a reasonable belief that termination or modification of the guardianship may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;
(2) communication from the adult, guardian or person interested in the welfare of the adult which supports a reasonable belief that termination or modification of the guardianship may be appropriate, including because the functional needs of the adult or supports or services available to the adult have changed;
(3) a report from a guardian or conservator which indicates that termination or modification may be appropriate because the functional needs of the adult or supports or services available to the adult have changed or a protective arrangement instead of guardianship or other less restrictive alternative for meeting the adult's needs is available; or
(4) a determination by the court that a hearing would be in the best interest of the adult.
(c) Notice of a petition under subsection (b)(1) or of a hearing under this section must be given to the adult subject to guardianship, the guardian, a person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order, and any other person the court determines.
(d) After the hearing, the court shall order termination unless it is proven that a basis for appointment of a guardian under K.S.A. 59-30,141, and amendments thereto, continues to exist.
(e) The court shall modify the powers granted to a guardian for an adult if the powers are excessive or inadequate due to a change in the abilities or limitations of the adult, the adult's supports or other circumstances.
(f) Unless the court otherwise orders for good cause, before terminating or modifying a guardianship for an adult, the court shall follow the same procedures to safeguard the rights of the adult which apply to a petition for guardianship.
(g) An adult subject to guardianship who seeks to terminate or modify the terms of the guardianship has the right to choose an attorney to represent the adult in the matter. If the adult is not represented by an attorney, the court shall appoint an attorney under the same conditions as in K.S.A. 59-30,145, and amendments thereto. The court shall award reasonable attorney fees to the attorney for the adult as provided in K.S.A. 59-30,119, and amendments thereto.
(h) Not later than 30 days after entering an order under this section, the court or the court's designee shall give notice of the order to the adult subject to guardianship and any person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order.
History: L. 2025, ch. 40, § 82; January 1, 2026.
(a) On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a minor if the court finds by a preponderance of evidence that the minor owns funds or other property exceeding $25,000 in value derived from court settlements, death transfers or sources other than the minor's employment earnings or accounts established under the uniform transfers to minors act, and either:
(1) The minor owns funds or other property requiring management or protection that otherwise cannot be provided;
(2) the minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age; or
(3) appointment is necessary or desirable to obtain or provide funds or other property needed for the support, care, education, health or welfare of the minor.
(b) On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of an adult if the court finds by clear and convincing evidence that:
(1) The adult is unable to manage property or financial affairs because:
(A) Of a limitation in the adult's ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate supportive services, technological assistance or supported decision making; or
(B) the adult is missing, detained or unable to return to the United States;
(2) appointment is necessary to:
(A) Avoid harm to the adult or significant dissipation of the property of the adult; or
(B) obtain or provide funds or other property needed for the support, care, education, health or welfare of the adult or of an individual entitled to the adult's support; and
(3) the adult's identified needs cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternative.
(c) The court shall grant a conservator only those powers necessitated by demonstrated limitations and needs of the adult and issue orders that will encourage development of the adult's maximum self-determination and independence. The court may not establish a full conservatorship if a limited conservatorship, protective arrangement instead of conservatorship or other less restrictive alternative would meet the needs of the adult.
History: L. 2025, ch. 40, § 83; January 1, 2026.
(a) The following may file a verified petition for the appointment of a conservator:
(1) The individual for whom the order is sought;
(2) a person interested in the estate, financial affairs or welfare of the individual, including a person that would be adversely affected by lack of effective management of property or financial affairs of the individual; or
(3) the guardian for the individual.
(b) A petition under subsection (a) must state the petitioner's name, principal residence, current street address if different, relationship to the respondent, interest in the appointment, the name and address of any attorney representing the petitioner and, to the extent known, the following:
(1) The respondent's name, age, principal residence, current street address if different and, if different, address of the dwelling in which it is proposed the respondent will reside if the petition is granted;
(2) the name and address of the respondent's:
(A) Spouse or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the 12-month period before the filing of the petition;
(B) adult children, adult stepchildren, adult grandchildren and each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and
(C) adult former stepchildren with whom the respondent had an ongoing relationship during the two years immediately before the filing of the petition;
(3) the name and current address of each of the following, if applicable:
(A) A person primarily responsible for the care or custody of the respondent;
(B) any attorney currently representing the respondent;
(C) the representative payee appointed by the social security administration for the respondent;
(D) a guardian or conservator acting for the respondent in this state or another jurisdiction;
(E) a trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
(F) the fiduciary appointed for the respondent by the department of veterans affairs and any curator appointed under K.S.A. 73-507, and amendments thereto;
(G) an agent designated under a power of attorney for healthcare in which the respondent is identified as the principal;
(H) an agent designated under a power of attorney for finances in which the respondent is identified as the principal;
(I) a person known to have routinely assisted the respondent with decision making in the six-month period immediately before the filing of the petition; and
(J) if the individual for whom a conservator is sought is a minor:
(i) An adult not otherwise listed with whom the minor resides; and
(ii) each person not otherwise listed that had primary care or custody of the minor for at least 60 days during the two years immediately before the filing of the petition or for at least 730 days during the five years immediately before the filing of the petition;
(4) (A) The name, age, date of birth, gender, address, place of employment and relationship to the respondent, if any, of the proposed conservator;
(B) the reason the proposed conservator should be selected; and
(C) any potential conflict of interest including any personal or agency interest of the proposed conservator that may be perceived as self-serving or adverse to the position or best interest of the respondent;
(5) a general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts;
(6) the reason conservatorship is necessary, including a description of:
(A) The nature and extent of the respondent's alleged need;
(B) if the petition alleges the respondent is missing, detained or unable to return to the United States, the relevant circumstances, including the time and nature of the disappearance or detention and any search or inquiry concerning the respondent's whereabouts;
(C) any protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's alleged need which has been considered or implemented;
(D) if no protective arrangement or other less restrictive alternatives have been considered or implemented, the reason it has not been considered or implemented; and
(E) the reason a protective arrangement or other less restrictive alternative is insufficient to meet the respondent's need;
(7) whether the petitioner seeks a limited conservatorship or a full conservatorship;
(8) if the petitioner seeks a full conservatorship, the reason a limited conservatorship or protective arrangement instead of conservatorship is not appropriate;
(9) if the petition is for a limited conservatorship, a description of the property to be placed under the conservator's control and any requested limitation on the authority of the conservator;
(10) whether the respondent needs an interpreter, translator or other form of support to communicate effectively with the court or understand court proceedings; and
(11) the name and address of an attorney representing the petitioner, if any.
History: L. 2025, ch. 40, § 84; January 1, 2026.
(a) On filing of a petition under K.S.A. 59-30,161, and amendments thereto, for appointment of a conservator, the court shall set a date, time and place for a hearing on the petition.
(b) A copy of a petition under K.S.A. 59-30,161, and amendments thereto, and notice of a hearing on the petition must be served personally on the respondent. If the respondent's whereabouts are unknown or personal service cannot be made, service on the respondent must be made by substituted service, as ordered by the court. The notice must inform the respondent of the respondent's rights at the hearing, including the right to an attorney and to attend the hearing. The notice must include a description of the nature, purpose and consequences of granting the petition. The court may not grant a petition for appointment of a conservator if notice substantially complying with this subsection is not served on the respondent. The court may order any of the following persons to serve the notice upon the respondent:
(1) The petitioner or the attorney for the petitioner;
(2) the attorney appointed by the court to represent the respondent;
(3) any law enforcement officer; or
(4) any other person whom the court finds to be a proper person to serve this notice.
(c) In a proceeding on a petition under K.S.A. 59-30,161, and amendments thereto, the notice required under subsection (b) must be given to the persons required to be listed in the petition under K.S.A. 59-30,161(b)(1) through (3), and amendments thereto, and any other person interested in the respondent's welfare the court determines. Failure to give notice under this subsection does not preclude the court from appointing a conservator.
(d) After the appointment of a conservator, notice of a hearing on a petition for any other order under K.S.A. 59-30,160 through 59-30,195, and amendments thereto, together with a copy of the petition, must be given to:
(1) The individual subject to conservatorship, if the individual is 12 years of age or older and not missing, detained or unable to return to the United States;
(2) the conservator; and
(3) any other person the court determines.
History: L. 2025, ch. 40, § 85; January 1, 2026.
While a petition under K.S.A. 59-30,161, and amendments thereto, is pending, after preliminary hearing and without notice to others, the court may issue an order to preserve and apply property of the respondent as required for the support of the respondent or an individual who is in fact dependent on the respondent. The court may appoint an emergency conservator to assist in implementing the order.
History: L. 2025, ch. 40, § 86; January 1, 2026.
(a) If the respondent in a proceeding to appoint a conservator is a minor, the court may appoint a court liaison to investigate a matter related to the petition or inform the minor or a parent of the minor about the petition or a related matter.
(b) If the respondent in a proceeding to appoint a conservator is an adult, the court may appoint a court liaison. The duties and reporting requirements of the court liaison are limited to the relief requested in the petition. The court liaison must be an individual with training or experience in the type of abilities, limitations and needs alleged in the petition.
(c) (1) A court liaison appointed under subsection (b) for an adult shall interview the respondent in person and in a manner the respondent is best able to understand:
(A) Explain, in general, the petition, and the nature and purpose of the proceeding, including the potential loss of rights as a result of the proceeding; and
(B) obtain the respondent's views about the appointment sought by the petitioner, including views about a proposed conservator, the conservator's proposed powers and duties and the scope and duration of the proposed conservatorship.
(2) These explanations and discussions are not intended to be a substitute for the attorney appointed to represent the respondent to inform the respondent of the respondent's rights and the nature and purpose of the proceeding.
(d) A court liaison appointed under subsection (b) for an adult may be assigned any or all of the following duties, in the discretion of the presiding judge:
(1) Interview the petitioner and proposed conservator, if any;
(2) review financial records of the respondent, if relevant to the court liaison's recommendation under subsection (e)(1);
(3) investigate whether the respondent's needs could be met by a protective arrangement instead of conservatorship or other less restrictive alternative and, if so, identify the arrangement or other less restrictive alternative; and
(4) investigate the allegations in the petition and any other matter relating to the petition as directed by the court, including, but not limited to, the respondent's family relationships, past conduct, the nature and extent of any property or income of the respondent, whether the respondent is likely to injure self or others and other matters as the court may specify.
(e) A court liaison appointed under subsection (b) for an adult shall file a report with the court at least 10 days prior to the hearing on the petition or other hearing as directed by the court. Unless otherwise ordered by the court, such report must include:
(1) A recommendation:
(A) Regarding the appropriateness of conservatorship, or whether a protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's needs is available;
(B) if a conservatorship is recommended, whether it should be full or limited; and
(C) if a limited conservatorship is recommended, the powers to be granted to the conservator, and the property that should be placed under the conservator's control;
(2) a statement of the qualifications of the proposed conservator and whether the respondent approves or disapproves of the proposed conservator;
(3) a statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
(4) a statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and
(5) any other matter the court directs.
(d) The costs of an investigation by a court liaison shall be assessed as provided for in K.S.A. 59-30,119, and amendments thereto.
History: L. 2025, ch. 40, § 87; January 1, 2026.
(a) Unless the respondent in a proceeding for appointment of a conservator is represented by an attorney, the court shall appoint an attorney to represent the respondent, regardless of the respondent's ability to pay. The court shall give preference in the appointment of an attorney to any attorney who has represented the respondent in other matters if the court has knowledge of that prior representation or to an attorney whom the respondent has requested. Any appointment made by the court shall terminate after the conservator's plan has been approved and after any appeal from the appointment of a conservator, unless the court continues the appointment by further order. Thereafter, an attorney may be appointed by the court if requested, in writing, by the adult subject to conservatorship, the conservator or upon the court's own motion.
(b) An attorney representing the respondent in a proceeding for appointment of a conservator shall:
(1) Make reasonable efforts to ascertain the respondent's wishes;
(2) advocate for the respondent's wishes to the extent reasonably ascertainable; and
(3) if the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least-restrictive in type, duration and scope, consistent with the respondent's interests.
(c) An attorney representing the respondent shall interview the respondent in person and, in a manner the respondent is best able to understand:
(1) Explain to the respondent the substance of the petition, the nature, purpose and effect of the proceeding, the respondent's rights at the hearing on the petition and the general powers and duties of a conservator;
(2) determine the respondent's views about the appointment sought by the petitioner, including views about a proposed conservator, the conservator's proposed powers and duties and the scope and duration of the proposed conservatorship; and
(3) inform the respondent that all costs and expenses of the proceeding, including respondent's attorney fees, may be paid from the respondent's assets.
(d) The court shall appoint an attorney to represent a parent of a minor who is the subject of a proceeding under K.S.A. 59-30,161, and amendments thereto, if the court determines the parent needs representation.
History: L. 2025, ch. 40, § 88; January 1, 2026.
(a) Upon the filing of the petition or any other time at or before the hearing, if the contents of the petition or evidence at the hearing support a prima facie case of the need for a conservator, the court shall order an examination and evaluation of the respondent to be conducted through a general hospital, psychiatric hospital, community mental health center or community developmental disability organization, or by a licensed physician, psychiatrist, psychologist, physician assistant, nurse practitioner, social worker or other professional appointed by the court who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest.
(b) Unless otherwise specified by the court, the report of the examination and evaluation submitted to the court shall contain:
(1) The respondent's name, age and date of birth;
(2) a description of the respondent's physical and mental condition;
(3) a description of the nature and extent of the respondent's cognitive and functional abilities and limitations, including adaptive behaviors and social skills, and, as appropriate, educational and developmental potential;
(4) a prognosis for any improvement and, as appropriate, any recommendation for treatment or rehabilitation;
(5) a list and description of any prior assessments, evaluations or examinations of the respondent, including the dates thereof, which were relied upon in the preparation of this evaluation;
(6) the date and location where this examination and evaluation occurred, and the name or names of the professional or professionals performing the examination and evaluation and such professional's qualifications;
(7) a statement by the professional that the professional has personally completed an independent examination and evaluation of the respondent, and that the report submitted to the court contains the results of that examination and evaluation, and the professional's opinion with regard to the issues of whether or not the respondent is in need of a conservator and whether there are barriers to the respondent's attendance and participation at the hearing on the petition; and
(8) the signature of the professional who prepared the report.
(c) The professional shall file with the court, at least five days prior to the date of the trial, such professional's written report concerning the examination and evaluation ordered by the court. The report shall be made available by the court to counsel for all parties.
(d) In lieu of entering an order for an examination and evaluation as provided for in this section, the court may determine that the report accompanying the petition is in compliance with the requirements of this section and that no further examination or evaluation should be required, unless the respondent, or such person's attorney, requests such an examination and evaluation in writing. Any such request shall be filed with the court, and a copy thereof delivered to the petitioner, at least four days prior to the date of the trial. Accompanying the request shall be a statement of the reasons why an examination and evaluation is requested and the name and address of a qualified professional or facility willing and able to conduct this examination and evaluation. If the court orders a further examination and evaluation, the court may continue the trial and fix a new date, time and place of the trial at a time not to exceed 30 days from the date of the filing of the request.
History: L. 2025, ch. 40, § 89; January 1, 2026.
(a) Except as otherwise provided in subsection (b), a hearing under K.S.A. 59-30,162, and amendments thereto, may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audio-visual technology.
(b) A hearing under K.S.A. 59-30,162, and amendments thereto, may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:
(1) The respondent is choosing not to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so;
(2) there is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services or technological assistance; or
(3) the respondent is a minor who has received proper notice and attendance would be harmful to the minor.
(c) The respondent may be assisted in a hearing under K.S.A. 59-30,162, and amendments thereto, by a person or persons of the respondent's choosing, assistive technology or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
(d) The respondent has a right to retain an attorney to represent the respondent at a hearing under K.S.A. 59-30,162, and amendments thereto.
(e) At a hearing under K.S.A. 59-30,162, and amendments thereto, the respondent may:
(1) Present evidence and subpoena witnesses and documents;
(2) examine witnesses, including any court-appointed evaluator or court liaison; and
(3) otherwise participate in the hearing.
(f) Unless excused by the court for good cause, a proposed conservator shall attend a hearing under K.S.A. 59-30,162, and amendments thereto.
(g) A hearing under K.S.A. 59-30,162, and amendments thereto, must be closed on request of the respondent and a showing of good cause.
(h) Any person may request to participate in a hearing under K.S.A. 59-30,162, and amendments thereto. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.
History: L. 2025, ch. 40, § 90; January 1, 2026.
(a) The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after:
(1) The respondent, the individual subject to conservatorship or the parent of a minor subject to conservatorship requests the record be sealed; and
(2) either:
(A) The petition for conservatorship is dismissed; or
(B) the conservatorship is terminated.
(b) (1) The following court records are a matter of public record unless sealed by the court:
(A) Letters of conservatorship;
(B) orders suspending or removing a conservator; and
(C) orders terminating a conservatorship.
(2) All other court records of a conservatorship proceeding are not a matter of public record except as further provided.
(3) The following persons may access court records of the proceeding and resulting conservatorship, including the conservator's plan under K.S.A. 59-30,180, and amendments thereto, and the conservator's report under K.S.A. 59-30,182, and amendments thereto:
(A) An individual subject to a proceeding for a conservatorship, whether or not a conservator is appointed;
(B) an attorney designated by the individual;
(C) a person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order; and
(D) a licensed attorney, abstractor or title insurance agent.
(4) A person not otherwise entitled to access to court records under this section for good cause may request permission from the court for access to court records of the conservatorship, including the conservator's plan and report. The court shall grant access if access is in the best interest of the respondent or individual subject to conservatorship or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
(c) A report under K.S.A. 59-30,164, and amendments thereto, of a court liaison or professional evaluation under K.S.A. 59-30,166, and amendments thereto, is confidential and must be sealed on filing, but is available to:
(1) The court;
(2) the individual who is the subject of the report or evaluation, without limitation as to use;
(3) the petitioner, court liaison and petitioner's and respondent's attorneys, for purposes of the proceeding;
(4) unless the court directs otherwise, an agent appointed under a power of attorney for finances in which the respondent is identified as the principal; and
(5) any other person if it is in the public interest or for a purpose the court orders for good cause.
History: L. 2025, ch. 40, § 91; January 1, 2026.
(a) Except as otherwise provided in subsection (c), the court in appointing a conservator shall consider persons qualified to be a conservator in the following order of priority:
(1) A conservator, other than a temporary or emergency conservator, currently acting for the respondent in another jurisdiction;
(2) a person nominated as conservator by the respondent, including the respondent's most recent nomination made in a power of attorney for finances;
(3) an agent appointed by the respondent to manage the respondent's property under a power of attorney for finances;
(4) a spouse of the respondent;
(5) a family member or other individual who has shown special care and concern for the respondent; and
(6) a person nominated as conservator by the spouse, adult child or other close family member of the respondent.
(b) If two or more persons have equal priority under subsection (a), the court shall select as conservator the person the court considers best qualified. In determining the best qualified person, the court shall consider the person's relationship with the respondent, the person's skills, the expressed wishes of the respondent, the extent to which the person and the respondent have similar values and preferences and the likelihood the person will be able to perform the duties of a conservator successfully.
(c) The court, acting in the best interest of the respondent, may decline to appoint as conservator a person having priority under subsection (a) and appoint a person having a lower priority or no priority.
(d) The following persons shall not be appointed as conservator unless the court finds by clear and convincing evidence that the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent:
(1) A person that provides paid services to the respondent, or an individual who is employed by a person that provides paid services to the respondent, or is the spouse, parent or child of an individual who provides or is employed to provide paid services to the respondent;
(2) an owner, operator or employee of any entity at which the respondent is receiving care; and
(3) a person who provides care or other services, or is an employee of an agency, partnership or corporation that provides care or other services to persons with needs similar to those of the respondent.
History: L. 2025, ch. 40, § 92; January 1, 2026.
(a) A court order appointing a conservator for a minor must include findings to support appointment of a conservator.
(b) A court order appointing a conservator for an adult must:
(1) Include a specific finding that clear and convincing evidence has established that the identified needs of the respondent cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternative, including use of appropriate supportive services, technological assistance or supported decision making; and
(2) include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition.
(c) A court order establishing a full conservatorship for an adult must state the basis for granting a full conservatorship and include specific findings to support the conclusion that a limited conservatorship would not meet the functional needs of the adult.
(d) A court order establishing a limited conservatorship must state the specific property placed under the control of the conservator and the powers granted to the conservator.
(e) A court order appointing a conservator must include the date of a review hearing to be set 90 days after the order of appointment is entered. At that hearing, the court shall review the conservator's plan filed pursuant to K.S.A. 59-30,180, and amendments thereto, and the inventory filed pursuant to K.S.A. 59-30,181, and amendments thereto.
(f) The court, as part of an order establishing a conservatorship, shall identify any person that subsequently is entitled to:
(1) Notice of the rights of the individual subject to conservatorship under K.S.A. 59-30,171(b), and amendments thereto;
(2) notice of a sale or other disposition of, encumbrance of an interest in, or surrender of a lease to any real or personal property of the individual;
(3) notice that the conservator will be unavailable to perform the conservator's duties for more than one month;
(4) a copy of the conservator's plan under K.S.A. 59-30,180, and amendments thereto, and the conservator's report under K.S.A. 59-30,182, and amendments thereto;
(5) access to court records relating to the conservatorship;
(6) notice of a transaction involving a substantial conflict between the conservator's fiduciary duties and personal interests;
(7) notice of the death or significant change in the condition of the individual;
(8) notice that a petition has been filed to limit or modify the powers of the conservator or that the court has limited or modified the powers of the conservator; and
(9) notice that a petition has been filed to remove the conservator or that the court has removed the conservator.
(g) If an individual subject to conservatorship is an adult, the spouse and adult children of the adult subject to conservatorship are entitled under subsection (e) to notice unless the court determines notice would be contrary to the preferences or prior directions of the adult subject to conservatorship or not in the best interest of the adult.
(h) If an individual subject to conservatorship is a minor, each parent and adult sibling of the minor is entitled under subsection (e) to notice unless the court determines notice would not be in the best interest of the minor.
History: L. 2025, ch. 40, § 93; January 1, 2026.
(a) Not later than 14 days after the appointment, a conservator appointed under K.S.A. 59-30,170, and amendments thereto, shall give to the individual subject to conservatorship and to all other persons given notice under K.S.A. 59-30,162, and amendments thereto, a copy of the order of appointment.
(b) Not later than 30 days after appointment of a conservator under K.S.A. 59-30,170, and amendments thereto, the court or the court's designee shall give to the individual subject to conservatorship, the conservator, and any other person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, a statement of the rights of the individual subject to conservatorship and procedures to seek relief if the individual is denied those rights. The statement must be in plain language, in at least 16-point font, and to the extent feasible, in a language in which the individual subject to conservatorship is proficient. The statement must notify the individual subject to conservatorship of the right to:
(1) Seek termination or modification of the conservatorship, or removal of the conservator, and choose an attorney to represent the individual in these matters;
(2) file a grievance against the conservator under K.S.A. 59-30,127, and amendments thereto;
(3) participate in decision making to the extent reasonably feasible;
(4) receive a copy of the conservator's plan under K.S.A. 59-30,180, and amendments thereto, the conservator's inventory under K.S.A. 59-30,181, and amendments thereto, and the conservator's report under K.S.A. 59-30,182, and amendments thereto; and
(5) object to the conservator's inventory, plan or report.
(c) If a conservator is appointed for the reasons stated in K.S.A. 59-30,160(b)(1)(B), and amendments thereto, and the individual subject to conservatorship is missing, notice under this section to the individual is not required. If the individual subject to conservatorship is a minor under the age of 12, notice under this section to the minor is not required.
(d) Any person required to provide notice under this section shall file proof of service of such notice with the court.
History: L. 2025, ch. 40, § 94; January 1, 2026.
(a) On its own after a petition has been filed under K.S.A. 59-30,161, and amendments thereto, or on a verified petition by a person interested in an individual's welfare, the court may appoint an emergency conservator for the individual if the court finds a sufficient factual basis to establish probable cause that:
(1) Appointment of an emergency conservator is necessary to prevent imminent, substantial and irreparable harm to the individual's property or financial interests;
(2) no other person has authority and willingness to act in the circumstances; and
(3) a basis for appointment of a conservator under K.S.A. 59-30,160, and amendments thereto, exists.
(b) The duration of authority of an emergency conservator may not exceed 30 days and the emergency conservator may exercise only the powers specified in the order of appointment. The emergency conservator's authority may be extended up to three times for not more than 30 days per extension if the court finds good cause and that the conditions for appointment of an emergency conservator under subsection (a) continue.
(c) Immediately on filing of a petition for an emergency conservator, the court shall appoint an attorney to represent the respondent in the proceeding. Except as otherwise provided in subsection (d), reasonable notice of the date, time and place of a hearing on the petition must be given to the respondent, the respondent's attorney and any other person the court determines.
(d) The court may appoint an emergency conservator without notice to the respondent and any attorney for the respondent only if the court finds from an affidavit or testimony that the respondent's property or financial interests will be substantially and irreparably harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency conservator without giving notice under subsection (c), the court must give notice of the appointment not later than 48 hours after the appointment to:
(1) The respondent;
(2) the respondent's attorney; and
(3) any other person the court determines.
(e) Not later than five days after the appointment, the court shall hold a hearing on the appropriateness of the appointment.
(f) Appointment of an emergency conservator under this section is not a determination that a basis exists for appointment of a conservator under K.S.A. 59-30,160, and amendments thereto.
(g) The court may remove an emergency conservator appointed under this section at any time. The emergency conservator shall make any report the court requires.
History: L. 2025, ch. 40, § 95; January 1, 2026.
An individual subject to conservatorship or a person interested in the welfare of the individual may petition for an order:
(a) Modifying bond requirements;
(b) requiring an accounting for the administration of the conservatorship estate;
(c) directing distribution;
(d) removing the conservator and appointing a temporary or successor conservator;
(e) modifying the type of appointment or powers granted to the conservator, if the extent of protection or management previously granted is excessive or insufficient to meet the individual's needs, including because the individual's abilities or supports have changed;
(f) rejecting or modifying the conservator's plan under K.S.A. 59-30,180, and amendments thereto, the conservator's inventory under K.S.A. 59-30,181, and amendments thereto, or the conservator's report under K.S.A. 59-30,182, and amendments thereto; or
(g) granting other appropriate relief.
History: L. 2025, ch. 40, § 96; January 1, 2026.
(a) Except as otherwise provided in subsection (c), the court shall require a conservator to furnish a bond with a surety, or require an alternative asset-protection arrangement, conditioned on faithful discharge of all duties of the conservator. The court may waive the requirement only if the court finds that a bond or other asset-protection arrangement is not necessary to protect the interests of the individual subject to conservatorship. Except as otherwise provided in subsection (c), the court may not waive the requirement if the conservator is in the business of serving as a conservator and is being paid for the conservator's service.
(b) Unless the court directs otherwise, the bond required under this section must be in the amount of the aggregate capital value of the conservatorship estate, plus one year's estimated income, less the value of property deposited under an arrangement requiring a court order for its removal, and less the value of real property. The court, in place of surety on a bond, may accept collateral for the performance of the bond, including a pledge of securities or a mortgage of real property.
(c) A regulated financial-service institution qualified to do trust business in this state is not required to give a bond under this section.
(d) If the conservator appointed is under contract with the Kansas guardianship program, the Kansas department for children and families shall act as surety on the bond.
History: L. 2025, ch. 40, § 97; January 1, 2026.
(a) The following rules apply to the bond required under K.S.A. 59-30,174, and amendments thereto:
(1) Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable.
(2) By executing a bond provided by a conservator, the surety submits to the personal jurisdiction of the court that issued letters of office to the conservator in a proceeding relating to the duties of the conservator in which the surety is named as a party. Notice of the proceeding must be given to the surety at the address shown in the records of the court in which the bond is filed and any other address of the surety then known to the person required to provide the notice.
(3) On petition of a successor conservator or person affected by a breach of the obligation of the bond, a proceeding may be brought against the surety for breach of the obligation of the bond.
(4) A proceeding against the bond may be brought until liability under the bond is exhausted.
(b) A proceeding may not be brought under this section against a surety of a bond on a matter as to which a proceeding against the conservator is barred.
(c) If a bond under K.S.A. 59-30,174, and amendments thereto, is not renewed by the conservator, the surety or sureties immediately shall give notice to the court and the individual subject to conservatorship. Upon receiving such notice, the clerk of the district court shall forward the notice to the presiding judge who shall set the matter for hearing and determine who should receive notice.
History: L. 2025, ch. 40, § 98; January 1, 2026.
(a) A conservator is a fiduciary and has duties of prudence, loyalty, reasonable care and diligence to the individual subject to conservatorship.
(b) A conservator shall promote the self-determination of the individual subject to conservatorship and, to the extent feasible, encourage the individual to participate in decisions, act on the individual's own behalf, and develop or regain the capacity to manage the individual's personal affairs. A conservator shall strive to assure that the personal, civil and human rights of the individual subject to conservatorship are protected.
(c) In making a decision for an individual subject to conservatorship, the conservator shall make the decision that the conservator reasonably believes the individual would make if able, unless doing so would fail to preserve the resources needed to maintain the individual's well-being and lifestyle or otherwise unreasonably harm or endanger the welfare or personal or financial interests of the individual. To determine the decision the individual would make if able, the conservator shall consider the individual's prior or current directions, preferences, opinions, values and actions, to the extent actually known or reasonably ascertainable by the conservator.
(d) If a conservator cannot make a decision under subsection (c) because the conservator does not know and cannot reasonably determine the decision the individual subject to conservatorship probably would make if able, or the conservator reasonably believes the decision the individual would make would fail to preserve resources needed to maintain the individual's well-being and lifestyle or otherwise unreasonably harm or endanger the welfare or personal or financial interests of the individual, the conservator shall act in accordance with the best interest of the individual. In determining the best interest of the individual, the conservator shall consider:
(1) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the individual;
(2) other information the conservator believes the individual would have considered if the individual were able to act; and
(3) other factors a reasonable person in the circumstances of the individual would consider, including consequences for others.
(e) Except when inconsistent with the conservator's duties under subsections (a) through (d), a conservator shall invest and manage the conservatorship estate as a prudent investor would, by considering:
(1) The circumstances of the individual subject to conservatorship and the conservatorship estate;
(2) general economic conditions;
(3) the possible effect of inflation or deflation;
(4) the expected tax consequences of an investment decision or strategy;
(5) the role of each investment or course of action in relation to the conservatorship estate as a whole;
(6) the expected total return from income and appreciation of capital;
(7) the need for liquidity, regularity of income and preservation or appreciation of capital; and
(8) the special relationship or value, if any, of specific property to the individual subject to conservatorship.
(f) The propriety of a conservator's investment and management of the conservatorship estate is determined in light of the facts and circumstances existing when the conservator decides or acts and not by hindsight.
(g) A conservator shall make a reasonable effort to verify facts relevant to the investment and management of the conservatorship estate.
(h) A conservator that has special skills or expertise, or is named conservator in reliance on the conservator's representation of special skills or expertise, has a duty to use the special skills or expertise in carrying out the conservator's duties.
(i) In investing, selecting specific property for distribution, and invoking a power of revocation or withdrawal for the use or benefit of the individual subject to conservatorship, a conservator shall consider any estate plan of the individual known or reasonably ascertainable to the conservator and may examine the will or other donative, nominative or appointive instrument of the individual.
(j) A conservator shall maintain insurance on the insurable real and personal property of the individual subject to conservatorship, unless the conservatorship estate lacks sufficient funds to pay for insurance or the court finds:
(1) The property lacks sufficient equity; or
(2) insuring the property would unreasonably dissipate the conservatorship estate or otherwise not be in the best interest of the individual.
(k) A conservator has access to and authority over a digital asset of the individual subject to conservatorship to the extent provided by the revised uniform fiduciary access to digital assets act or court order.
(l) A conservator for an adult shall notify the court immediately if the condition of the adult has changed so that the adult is capable of exercising rights previously removed.
History: L. 2025, ch. 40, § 99; January 1, 2026.
(a) Except as otherwise provided in K.S.A. 59-30,178, and amendments thereto, or as qualified or limited in the court's order of appointment and stated in the letters of office, a conservator has all powers granted in this section.
(b) A conservator, acting reasonably and consistent with the fiduciary duties of the conservator to accomplish the purpose of the conservatorship, without specific court authorization or confirmation, may with respect to the conservatorship estate:
(1) Collect, hold and retain property, including property in which the conservator has a personal interest and real property in another state, until the conservator determines disposition of the property should be made;
(2) receive additions to the conservatorship estate;
(3) manage any ongoing business that the individual subject to conservatorship was managing and operating prior to the appointment of the conservator;
(4) acquire an undivided interest in property in which the conservator, in a fiduciary capacity, holds an undivided interest;
(5) invest assets;
(6) deposit funds or other property in a financial institution, including one operated by the conservator;
(7) make ordinary or necessary repairs, replacements and renovations for the use and benefit of the individual subject to conservatorship;
(8) enter for any purpose into a lease of property as lessor or lessee, with or without an option to purchase or renew, for a term not exceeding one year;
(9) vote a security, in person or by general or limited proxy;
(10) pay a call, assessment or other sum chargeable or accruing against or on account of a security;
(11) sell or exercise a stock subscription or conversion right;
(12) consent, directly or through a committee or agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise in which the conservatorship has less than a 20% ownership interest;
(13) hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery;
(14) insure:
(A) The conservatorship estate, in whole or in part, against damage or loss in accordance with K.S.A. 59-30,176(j), and amendments thereto; and
(B) the conservator against liability with respect to a third person;
(15) borrow funds without security to be repaid from the conservatorship estate or otherwise;
(16) advance the conservator's personal funds for the protection of the conservatorship estate or the individual subject to conservatorship and all expenses, losses and liability sustained in the administration of the conservatorship estate or because of holding any property for which the conservator has a lien on the conservatorship estate, subject to reimbursement as provided in K.S.A. 59-30,120, and amendments thereto;
(17) pay or contest a claim, settle a claim by or against the conservatorship estate or the individual subject to conservatorship by compromise, arbitration or otherwise, or release, in whole or in part, a claim belonging to the conservatorship estate to the extent the claim is uncollectible;
(18) pay a tax, assessment and other expense incurred in the collection, care, administration and protection of the conservatorship estate;
(19) pay a sum distributable to the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship by paying the sum to the distributee or for the use of the distributee:
(A) To the guardian for the distributee;
(B) to the custodian of the distributee under the uniform transfers to minors act or custodial trustee under the uniform custodial trust act; or
(C) if there is no guardian, custodian or custodial trustee, to a relative or other person having physical custody of the distributee;
(20) bring or defend an action, claim or proceeding in any jurisdiction for the protection of the conservatorship estate or the conservator in the performance of the conservator's duties;
(21) structure the finances of the individual subject to conservatorship to establish eligibility for a public benefit, if the conservator's action does not jeopardize the individual's welfare and otherwise is consistent with the conservator's duties;
(22) assert spousal rights in an estate, including the spousal elective share; and
(23) execute and deliver any instrument that will accomplish or facilitate the exercise of a power of the conservator.
History: L. 2025, ch. 40, § 100; January 1, 2026.
Except as otherwise provided in K.S.A. 59-30,179, and amendments thereto, or as qualified or limited in the court's order of appointment and stated in the letters of office, and unless contrary to a conservator's plan under K.S.A. 59-30,180, and amendments thereto, the conservator may expend or distribute income or principal of the conservatorship estate without specific court authorization or confirmation for the support, care, education, health or welfare of the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship, including the payment of child or spousal support, in accordance with the following rules:
(a) The conservator shall consider a recommendation relating to the appropriate standard of support, care, education, health, or welfare for the individual subject to conservatorship or individual who is dependent on the individual subject to conservatorship, made by a guardian for the individual subject to conservatorship, if any, and, if the individual subject to conservatorship is a minor, a recommendation made by a parent of the minor.
(b) The conservator acting in compliance with the conservator's duties under section 99, and amendments thereto, is not liable for an expenditure or distribution made based on a recommendation under subsection (a) unless the conservator knows the expenditure or distribution is not in the best interest of the individual subject to conservatorship.
(c) In making an expenditure or distribution under this section, the conservator shall consider:
(1) The size of the conservatorship estate, the estimated duration of the conservatorship and the likelihood the individual subject to conservatorship, at some future time, may be fully self-sufficient and able to manage the individual's financial affairs and the conservatorship estate;
(2) the accustomed standard of living of the individual subject to conservatorship and individual who is dependent on the individual subject to conservatorship;
(3) other funds or source used for the support of the individual subject to conservatorship; and
(4) the preferences, values and prior directions of the individual subject to conservatorship.
(d) Subject to K.S.A. 59-30,120, and amendments thereto, funds expended or distributed under this section may be paid by the conservator to any person, including the individual subject to conservatorship, as reimbursement for expenditures the conservator might have made, or in advance for services to be provided to the individual subject to conservatorship or individual who is dependent on the individual subject to conservatorship if it is reasonable to expect the services will be performed and advance payment is customary or reasonably necessary under the circumstances.
History: L. 2025, ch. 40, § 101; January 1, 2026.
(a) Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice under K.S.A. 59-30,162(d), and amendments thereto, and receive specific authorization by the court before the conservator may exercise, with respect to the conservatorship, the power to:
(1) Make a gift, except a gift of de minimis value, unless such power to make a gift is included in a conservator's plan approved by the court and by the attorney for the individual subject to conservatorship;
(2) sell or otherwise dispose of, encumber an interest in, or surrender a lease to any real or personal property of the individual subject to conservatorship, unless such power is included in a conservator's plan approved by the court and by the attorney for the individual subject to conservatorship;
(3) acquire or dispose of property, including real property in another state, for cash or on credit, at public or private sale, and manage, develop, improve, exchange, partition, change the character of or abandon property;
(4) make extraordinary repairs or alterations in a building or other structure, demolish any improvement, or raze an existing or erect a new party wall or building;
(5) subdivide or develop land, dedicate land to public use, make or obtain the vacation of a plat and adjust a boundary, adjust a difference in valuation of land, exchange or partition land by giving or receiving consideration and dedicate an easement to public use without consideration;
(6) enter for any purpose into a lease of property as lessor or lessee, with or without an option to purchase or renew, for a term exceeding one year;
(7) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or a pooling or unitization agreement;
(8) grant an option involving disposition of property or accept or exercise an option for the acquisition of property;
(9) convey, release or disclaim a contingent or expectant interest in property, including marital property and any right of survivorship incident to joint tenancy;
(10) exercise or release a power of appointment;
(11) create a revocable or irrevocable trust of property of the conservatorship estate, including an irrevocable trust which will enable the individual subject to conservatorship to qualify for benefits from any federal, state or local government program, or which will accelerate the individual's qualification for such benefits, whether or not the trust extends beyond the duration of the conservatorship;
(12) revoke or amend a trust revocable by the individual subject to conservatorship pursuant to K.S.A. 58a-411 or 58a-602, and amendments thereto;
(13) exercise a right to elect an option or change a beneficiary under an insurance policy or annuity or surrender the policy or annuity for its cash value;
(14) renounce or disclaim a property interest;
(15) grant a creditor priority for payment over creditors of the same or higher class if the creditor is providing property or services used to meet the basic living and care needs of the individual subject to conservatorship and preferential treatment otherwise would be impermissible under K.S.A. 59-30,187(e), and amendments thereto; and
(16) litigate as petitioner or respondent an action for divorce, dissolution or annulment of marriage of the individual subject to conservatorship, including negotiation of a settlement thereof.
(b) The court shall set the matter for hearing and, if the individual subject to conservatorship is not represented by an attorney, shall appoint an attorney to represent the individual.
(c) In approving a conservator's exercise of a power listed in subsection (a), the court shall consider primarily the decision the individual subject to conservatorship would make if able, to the extent the decision can be ascertained.
(d) To determine under subsection (b) the decision the individual subject to conservatorship would make if able, the court shall consider the individual's prior or current directions, preferences, opinions, values and actions, to the extent actually known or reasonably ascertainable by the conservator. The court shall also consider:
(1) The financial needs of the individual subject to conservatorship and individuals who are in fact dependent on the individual subject to conservatorship for support, and the interests of creditors of the individual;
(2) possible reduction of income, estate, inheritance or other tax liabilities;
(3) eligibility for governmental assistance;
(4) the previous pattern of giving or level of support provided by the individual;
(5) any existing estate plan or lack of estate plan of the individual;
(6) the life expectancy of the individual and the probability the conservatorship will terminate before the individual's death; and
(7) any other relevant factor.
History: L. 2025, ch. 40, § 102; January 1, 2026.
(a) Not later than 60 days after appointment, and whenever there is a significant change in circumstances or the conservator seeks to deviate significantly from the existing conservator's plan, a conservator shall file with the court a plan for protecting, managing, expending and distributing the assets of the conservatorship estate. The plan must be based on the needs of the individual subject to conservatorship and take into account the best interest of the individual as well as the individual's preferences, values and prior directions, to the extent known to or reasonably ascertainable by the conservator. The conservator shall include in the plan:
(1) A budget containing projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the individual;
(2) how the conservator will involve the individual in decisions about management of the conservatorship estate;
(3) any step the conservator plans to take to develop or restore the ability of the individual to manage the conservatorship estate; and
(4) an estimate of the duration of the conservatorship.
(b) A conservator shall give notice of the filing of the conservator's plan under subsection (a), together with a copy of the plan, to the individual subject to conservatorship, any attorney representing the individual subject to conservatorship, a person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order, and any other person the court determines. The notice must include a statement of the right to object to the plan and must be given at the time of the filing.
(c) An individual subject to conservatorship and any person entitled under subsection (b) to receive notice and a copy of the conservator's plan may object to the plan in writing not later than 21 days after the filing.
(d) The court shall review the conservator's plan filed under subsection (a) and determine whether to approve the plan or require a new plan. In deciding whether to approve the plan, the court shall consider an objection under subsection (c) and whether the plan is consistent with the conservator's duties and powers. The court shall review an initial conservator's plan at the review hearing scheduled under K.S.A. 59-30,170(e), and amendments thereto. For subsequent conservator's plans, the court has discretion whether to set the matter for hearing but may not approve the plan until 30 days after the filing.
(e) After a conservator's plan under this section is approved by the court, the conservator shall provide a copy of the plan to the individual subject to conservatorship, any attorney representing the individual subject to conservatorship, a person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order, and any other person the court determines.
History: L. 2025, ch. 40, § 103; January 1, 2026.
(a) Not later than 60 days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. The inventory shall include all of the property and assets of the conservatorship estate, including any sources of regular income to the estate, and information about how property is titled and any beneficiary designations, including pay-on-death and transfer-on-death beneficiaries.
(b) A conservator shall give notice of the filing of an inventory to the individual subject to conservatorship, a person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order, and any other person the court determines. The notice must be given not later than 14 days after the filing.
(c) A conservator shall keep records of the administration of the conservatorship estate and make them available for examination on reasonable request of the individual subject to conservatorship, a guardian for the individual, or any other person the conservator or the court determines.
History: L. 2025, ch. 40, § 104; January 1, 2026.
(a) A conservator shall file with the court a report in a record regarding the administration of the conservatorship estate annually unless the court otherwise directs, on resignation or removal, on termination of the conservatorship, and at any other time the court directs.
(b) A report under subsection (a) must state or contain:
(1) An accounting that lists property included in the conservatorship estate and the receipts, disbursements, liabilities and distributions during the period for which the report is made;
(2) a list of the services provided to the individual subject to conservatorship;
(3) a statement whether the conservator has deviated from the conservator's most recently approved plan and, if so, how the conservator has deviated and why;
(4) a recommendation as to the need for continued conservatorship and any recommended change in the scope of the conservatorship;
(5) to the extent feasible, a copy of the most recent reasonably available financial statements evidencing the status of bank accounts, investment accounts and mortgages or other debts of the individual subject to conservatorship with account numbers and social security number redacted;
(6) anything of more than de minimis value which the conservator, any individual who resides with the conservator, or the spouse, parent, child or sibling of the conservator has received from a person providing goods or services to the individual subject to conservatorship;
(7) any business relation the conservator has with a person the conservator has paid or that has benefited from the property of the individual subject to conservatorship;
(8) whether any co-conservator or successor conservator appointed to serve when a designated event occurs is alive and able to serve; and
(9) a copy of the bond renewal.
(c) The court may appoint a court liaison to review a report under this section or conservator's plan under K.S.A. 59-30,180, and amendments thereto, interview the individual subject to conservatorship or conservator, or investigate any other matter involving the conservatorship. In connection with the report, the court may order the conservator to submit the conservatorship estate to appropriate examination in a manner the court directs.
(d) Notice of the filing under this section of a conservator's report, together with a copy of the report, must be provided to the individual subject to conservatorship, a person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order, and other persons the court determines. The notice and report must be given not later than 14 days after filing.
(e) The court shall establish procedures for monitoring a report submitted under this section and review each report at least annually to determine whether:
(1) The reports provide sufficient information to establish the conservator has complied with the conservator's duties;
(2) the conservatorship should continue; and
(3) the conservator's requested fees, if any, should be approved.
(f) If the court determines there is reason to believe a conservator has not complied with the conservator's duties or the conservatorship should not continue, the court:
(1) Shall notify the individual subject to conservatorship, the conservator and any other person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order;
(2) may require additional information from the conservator;
(3) may appoint a court liaison to interview the individual subject to conservatorship or conservator or investigate any matter involving the conservatorship; and
(4) consistent with K.S.A. 59-30,189 and 59-30,190, and amendments thereto, may hold a hearing to consider removal of the conservator, termination of the conservatorship or a change in the powers granted to the conservator or terms of the conservatorship.
(g) If the court has reason to believe fees requested by a conservator are not reasonable, the court shall hold a hearing to determine whether to adjust the requested fees.
(h) A conservator may petition the court for approval of a report filed under this section. The court after review may approve the report. If the court approves the report, there is a rebuttable presumption the report is accurate as to a matter adequately disclosed in the report.
(i) An order, after notice and hearing, approving an interim report of a conservator filed under this section adjudicates liabilities concerning a matter adequately disclosed in the report, as to a person given notice of the report or accounting.
(j) An order, after notice and hearing, approving a final report filed under this section discharges the conservator from all liabilities, claims and causes of action by a person given notice of the report and the hearing as to a matter adequately disclosed in the report.
History: L. 2025, ch. 40, § 105; January 1, 2026.
(a) The interest of an individual subject to conservatorship in property included in the conservatorship estate is not transferrable or assignable by the individual and is not subject to levy, garnishment, or similar process for claims against the individual unless allowed under K.S.A. 59-30,187, and amendments thereto.
(b) If an individual subject to conservatorship enters into a contract after having the right to enter the contract removed by the court, the contract is void against the individual and the individual's property but is enforceable against the person that contracted with the individual.
(c) A person other than the conservator that deals with an individual subject to conservatorship with respect to property included in the conservatorship estate is entitled to protection provided by law of this state other than this act.
History: L. 2025, ch. 40, § 106; January 1, 2026.
A transaction involving a conservatorship estate which is affected by a substantial conflict between the conservator's fiduciary duties and personal interests is voidable unless the transaction is authorized by court order after notice to persons entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order. A transaction affected by a substantial conflict includes a sale, encumbrance or other transaction involving the conservatorship estate entered into by the conservator, an individual with whom the conservator resides, the spouse, descendant, sibling, agent or attorney of the conservator, or a corporation or other enterprise in which the conservator has a substantial beneficial interest.
History: L. 2025, ch. 40, § 107; January 1, 2026.
(a) A person that assists or deals with a conservator in good faith and for value in any transaction, other than a transaction requiring a court order under K.S.A. 59-30,179, and amendments thereto, is protected as though the conservator properly exercised any power in question. Knowledge alone by a person that the person is dealing with a conservator does not require the person to inquire into the existence of authority of the conservator or the propriety of the conservator's exercise of authority, but restrictions on authority stated in letters of office, or otherwise provided by law, are effective as to the person. A person that pays or delivers property to a conservator is not responsible for proper application of the property.
(b) Protection under subsection (a) extends to a procedural irregularity or jurisdictional defect in the proceeding leading to the issuance of letters of office and does not substitute for protection for a person that assists or deals with a conservator provided by comparable provisions in law of this state other than this act relating to a commercial transaction or simplifying a transfer of securities by a fiduciary.
History: L. 2025, ch. 40, § 108; January 1, 2026.
(a) If an individual subject to conservatorship dies, the conservator shall deliver to the district court any will of the individual that is in the conservator's possession and inform the personal representative named in the will if feasible. The conservator shall give notice of the delivery of the will under this section to any person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order.
(b) On the death of an individual subject to conservatorship, the conservator shall conclude the administration of the conservatorship estate as provided in K.S.A. 59-30,190, and amendments thereto.
History: L. 2025, ch. 40, § 109; January 1, 2026.
(a) A conservator may pay a claim against the conservatorship estate or the individual subject to conservatorship arising before or during the conservatorship, on presentation and allowance in accordance with the priorities under subsection (d). A claimant may present a claim by:
(1) Sending or delivering to the conservator a statement in a record of the claim, indicating its basis, the name and address of the claimant and the amount claimed; or
(2) filing the claim with the court, in a form acceptable to the court, and sending or delivering a copy of the claim to the conservator.
(b) A claim under subsection (a) is presented on receipt by the conservator of the statement of the claim or the filing with the court of the claim, whichever occurs first. A presented claim is allowed, if it is not disallowed in whole or in part, by the conservator in a record sent or delivered to the claimant not later than 60 days after its presentation. Before payment, the conservator may change an allowance of the claim to a disallowance in whole or in part, but not after allowance under a court order or order directing payment of the claim. Presentation of a claim tolls until 30 days after disallowance of the claim the running of a statute of limitations that has not expired relating to the claim.
(c) A claimant whose claim under subsection (a) has not been paid may petition the court to determine the claim at any time before it is barred by a statute of limitations, and the court may order its allowance, payment or security by encumbering property included in the conservatorship estate. If a proceeding is pending against the individual subject to conservatorship at the time of appointment of the conservator or is initiated thereafter, the moving party shall give the conservator notice of the proceeding if it could result in creating a claim against the conservatorship estate.
(d) If a conservatorship estate is likely to be exhausted before all existing claims are paid, the conservator shall distribute the estate in money or in kind in payment of claims in the following order:
(1) Costs and expenses of administration;
(2) a claim of the federal or state government having priority under law other than this act;
(3) a claim incurred by the conservator for support, care, education, health or welfare previously provided to the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship;
(4) a claim arising before the conservatorship; and
(5) all other claims.
(e) Preference may not be given in the payment of a claim under subsection (d) over another claim of the same class. A claim due and payable may not be preferred over a claim not due unless:
(1) Doing so would leave the conservatorship estate without sufficient funds to pay the basic living and healthcare expenses of the individual subject to conservatorship; and
(2) the court authorizes the preference under K.S.A. 59-30,179(a)(8), and amendments thereto.
(f) If assets of a conservatorship estate are adequate to meet all existing claims, the court, acting in the best interest of the individual subject to conservatorship, may order the conservator to grant a security interest in the conservatorship estate for payment of a claim at a future date.
History: L. 2025, ch. 40, § 110; January 1, 2026.
(a) Except as otherwise agreed by a conservator, the conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the conservatorship estate unless the conservator fails to reveal the conservator's representative capacity in the contract or before entering into the contract.
(b) A conservator is personally liable for an obligation arising from control of property of the conservatorship estate or an act or omission occurring in the course of administration of the conservatorship estate only if the conservator is personally at fault.
(c) A claim based on a contract entered into by a conservator in a fiduciary capacity, an obligation arising from control of property included in the conservatorship estate, or a tort committed in the course of administration of the conservatorship estate may be asserted against the conservatorship estate in a proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable for the claim.
(d) A question of liability between a conservatorship estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification or another appropriate proceeding or action.
History: L. 2025, ch. 40, § 111; January 1, 2026.
(a) The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator.
(b) The court shall hold a hearing to determine whether to remove a conservator and appoint a successor on:
(1) Petition of the individual subject to conservatorship, conservator or person interested in the welfare of the individual which contains allegations that, if true, would support a reasonable belief that removal of the conservator and appointment of a successor may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;
(2) communication from the individual subject to conservatorship, conservator or person interested in the welfare of the individual which supports a reasonable belief that removal of the conservator and appointment of a successor may be appropriate;
(3) determination by the court that a hearing would be in the best interest of the individual subject to conservatorship; or
(4) determination by the court that the conservator's reports and accountings are delinquent or deficient as filed.
(c) Notice of a petition under subsection (b)(1) or any hearing under this section must be given to the individual subject to conservatorship, the conservator, a person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order, and any other person the court determines.
(d) If the individual subject to conservatorship is not represented by an attorney, the court shall appoint an attorney under the same conditions as in K.S.A. 59-30,165, and amendments thereto. The court shall award reasonable attorney fees to the attorney as provided in K.S.A. 59-30,119, and amendments thereto.
(e) In selecting a successor conservator, the court shall follow the priorities under K.S.A. 59-30,169, and amendments thereto.
(f) Not later than 30 days after appointing a successor conservator, the court or court's designee shall give notice of the appointment to the individual subject to conservatorship and any person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order.
History: L. 2025, ch. 40, § 112; January 1, 2026.
(a) A conservatorship for a minor terminates on the earliest of:
(1) A court order terminating the conservatorship;
(2) the minor becoming an adult except as provided in K.S.A. 59-30,191, and amendments thereto;
(3) emancipation of the minor; or
(4) death of the minor.
(b) A conservatorship for an adult terminates on order of the court or when the adult dies.
(c) An individual subject to conservatorship, the conservator, or a person interested in the welfare of the individual may petition for:
(1) Termination of the conservatorship on the ground that a basis for appointment under K.S.A. 59-30,160, and amendments thereto, does not exist or termination would be in the best interest of the individual or for other good cause; or
(2) modification of the conservatorship on the ground that the extent of protection or assistance granted is not appropriate or for other good cause.
(d) The court shall hold a hearing to determine whether termination or modification of a conservatorship is appropriate on:
(1) Petition under subsection (c) which contains allegations that, if true, would support a reasonable belief that termination or modification of the conservatorship may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed within the preceding six months;
(2) a communication from the individual subject to conservatorship, conservator or person interested in the welfare of the individual which supports a reasonable belief that termination or modification of the conservatorship may be appropriate, including because the functional needs of the individual or supports or services available to the individual have changed;
(3) a report from a guardian or conservator which indicates that termination or modification may be appropriate because the functional needs or supports or services available to the individual have changed or a protective arrangement instead of conservatorship or other less restrictive alternative is available; or
(4) a determination by the court that a hearing would be in the best interest of the individual.
(e) Notice of a petition under subsection (c) or of a hearing under this section must be given to the individual subject to conservatorship, the conservator, a person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order, and any other person the court determines.
(f) After the hearing, the court shall order termination unless it is proven that a basis for appointment of a conservator under K.S.A. 59-30,160, and amendments thereto, continues to exist.
(g) The court shall modify the powers granted to a conservator if the powers are excessive or inadequate due to a change in the abilities or limitations of the individual subject to conservatorship, the individual's supports or other circumstances.
(h) Unless the court otherwise orders for good cause, before terminating a conservatorship, the court shall follow the same procedures to safeguard the rights of the individual subject to conservatorship which apply to a petition for conservatorship.
(i) An individual subject to conservatorship who seeks to terminate or modify the terms of the conservatorship has the right to retain an attorney to represent the individual in this matter. If the individual is not represented by an attorney, the court shall appoint an attorney under the same conditions as in K.S.A. 59-30,165, and amendments thereto. The court shall award reasonable attorney fees to the attorney as provided in K.S.A. 59-30,119, and amendments thereto.
(j) On termination of a conservatorship other than by reason of the death of the individual subject to conservatorship, property of the conservatorship estate passes to the individual. The order of termination must direct the conservator to file a final report and petition for discharge on approval by the court of the final report.
(k) On termination of a conservatorship by reason of the death of the individual subject to conservatorship, the conservator promptly shall file a final report and petition for discharge on approval by the court of the final report. On approval of the final report, the conservator shall proceed expeditiously to distribute the conservatorship estate to the individual's estate or as otherwise ordered by the court. The conservator may take reasonable measures necessary to preserve the conservatorship estate until distribution can be made.
(l) The court shall issue a final order of discharge on the approval by the court of the final report and satisfaction by the conservator of any other condition the court imposed on the conservator's discharge.
(m) Not later than 30 days after entering an order under this section, the court or the court's designee shall give notice of the order to the adult subject to conservatorship and any person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order.
History: L. 2025, ch. 40, § 113; January 1, 2026.
(a) A conservatorship for a minor may be extended beyond the minor's 18th birthday if the minor consents or the court finds by clear and convincing evidence that substantial harm to the minor's interests is otherwise likely. A conservatorship may be extended under this section until the minor reaches the age of 21 and may be extended for two additional two-year periods upon the same finding by the court or upon consent of the minor. Consent to the extension of a conservatorship may be withdrawn at any time.
(b) Any request to extend a minor conservatorship under this section must be accompanied by:
(1) A description of the funds or assets of the minor's estate which the conservator proposes to distribute to the minor over an extended period following the minor's 18th birthday;
(2) the factual basis upon which the conservator alleges the need for such an extended distribution plan; and
(3) a proposed conservator's plan that describes how the distribution will occur.
(c) The court shall appoint an attorney to represent the minor as provided in K.S.A. 59-30,165, and amendments thereto.
(d) After a hearing, the court may extend a conservatorship for a minor and grant to the conservator the authority to establish an extended distribution plan if the court finds by clear and convincing evidence that:
(1) Substantial harm to the minor's interests is likely if the conservatorship is not extended; and
(2) the plan approved by the court adequately provides for meeting the expected needs of the minor from the minor's 18th birthday until the final distribution of the funds or assets which the court authorizes to be set aside or transferred from the estate are paid over to the minor, including provisions for accelerated distribution in extraordinary circumstances, which may require court approval.
(e) If the court orders a conservatorship for a minor to be extended under this section, the court shall order the conservator to report any expenditure or transfer of funds or assets from the minor's estate for the purposes of effectuating an extended distribution plan within the conservator's next accounting.
(f) The court may extend the conservatorship with regard to specific funds or assets of the minor's estate, even though other funds or assets of the minor's estate are paid over to the minor upon the minor's becoming 18 years of age.
(g) The minor shall be without the power, voluntarily or involuntarily, to sell, mortgage, pledge, hypothecate, assign, alienate, anticipate, transfer or convey any interest in the principal or the income from any funds or assets of the minor's estate set aside or transferred to effectuate a plan for extended distribution until such is actually paid to the minor.
History: L. 2025, ch. 40, § 114; January 1, 2026.
(a) Unless a person required to transfer funds or other property to a minor knows that a conservator for the minor has been appointed or a proceeding is pending for conservatorship, the person may transfer an amount or value not exceeding $25,000 in a 12-month period to:
(1) A person that has care or custody of the minor and with whom the minor resides;
(2) a guardian for the minor;
(3) a custodian under the uniform transfers to minors act; or
(4) a financial institution as a deposit in an interest-bearing account or certificate solely in the name of the minor and shall give notice to the minor of the deposit.
(b) A person that transfers funds or other property under this section is not responsible for its proper application.
(c) A person that receives funds or other property for a minor under subsection (a)(1) or (2) may apply it only to the support, care, education, health or welfare of the minor, and may not derive a personal financial benefit from it, except for reimbursement for necessary expenses. Funds not applied for these purposes must be preserved for the future support, care, education, health or welfare of the minor, and the balance, if any, transferred to the minor when the minor becomes an adult or otherwise is emancipated.
(d) Any accumulated balance under this section shall be subject to other provisions of this act.
History: L. 2025, ch. 40, § 115; January 1, 2026.
The parent of a minor has the right and responsibility to hold in trust and manage for the minor's benefit all of the personal and real property vested in such minor when the total of such property does not exceed $25,000 in value, unless a guardian or conservator has been appointed for the minor.
History: L. 2025, ch. 40, § 116; January 1, 2026.
(a) Any court having either control over or possession of any amount of money not exceeding $100,000, the right to which is vested in a minor, shall have the discretion to authorize, without the appointment of a conservator or the giving of bond, and notwithstanding the authority of a parent as provided for in K.S.A. 59-30,193, and amendments thereto, the deposit of the money in a savings account of a bank, credit union, savings and loan association or any other investment account that the court may authorize, payable either to a conservator, if one shall be appointed for the minor, or to the minor upon attaining 18 years of age.
(b) Any court having either control over or possession of any amount of money not exceeding $25,000, the right to which is vested in a minor, shall have the discretion to order the payment of the money to any person, including the parent of the minor, or the minor. If the person is the conservator for the minor, the court may waive or recommend the waiver of the requirement of a bond. If the person is anyone other than the minor, the court shall order that person to hold in trust and manage the minor's estate for the minor's benefit.
History: L. 2025, ch. 40, § 117; January 1, 2026.
Any court having either control over or possession of any amount of money not exceeding $25,000, the right to which is vested in an adult subject to guardianship, shall have the discretion to authorize, without the appointment of a conservator or the giving of bond, the deposit of the money in a savings account of a bank, credit union or savings and loan association, payable to the guardian for the benefit of the adult subject to guardianship if authorized pursuant to K.S.A. 59-30,155(e), and amendments thereto, payable to a conservator, if one shall be appointed for the adult, or payable to the adult subject to guardianship upon termination of the guardianship.
History: L. 2025, ch. 40, § 118; January 1, 2026.
(a) On receiving a petition for a guardianship for an adult, a court may order a protective arrangement instead of guardianship as a less restrictive alternative to guardianship.
(b) On receiving a petition for a conservatorship for an individual, a court may order a protective arrangement instead of conservatorship as a less restrictive alternative to conservatorship.
(c) A person interested in an adult's welfare, including the adult or a conservator for the adult, may petition under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, for a protective arrangement instead of guardianship.
(d) The following persons may petition under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, for a protective arrangement instead of conservatorship:
(1) The individual for whom the protective arrangement is sought;
(2) a person interested in the property, financial affairs or welfare of the individual, including a person that would be affected adversely by lack of effective management of property or financial affairs of the individual; and
(3) the guardian for the individual.
History: L. 2025, ch. 40, § 119; January 1, 2026.
(a) After the hearing on a petition under K.S.A. 59-30,142, and amendments thereto, for a guardianship or under K.S.A. 59-30,196(b), and amendments thereto, for a protective arrangement instead of guardianship, the court may issue an order under subsection (b) for a protective arrangement instead of guardianship if the court finds by clear and convincing evidence that:
(1) The respondent lacks the ability to meet essential requirements for physical health, safety or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance or supported decision making; and
(2) the respondent's identified needs cannot be met by a less restrictive alternative.
(b) If the court makes the findings under subsection (a), the court, instead of appointing a guardian, may:
(1) Authorize or direct a transaction necessary to meet the respondent's need for health, safety or care, including:
(A) A particular medical treatment or refusal of a particular medical treatment;
(B) a move to a specified place of dwelling; or
(C) visitation between the respondent and another person;
(2) order supervised visitation with, or restrict access to the respondent by, a specified person whose access places the respondent at serious risk of physical, psychological or financial harm; and
(3) order other arrangements on a limited basis that are appropriate.
(c) In deciding whether to issue an order under this section, the court shall consider the factors under K.S.A. 59-30,153 and 59-30,154, and amendments thereto, which a guardian must consider when making a decision on behalf of an adult subject to guardianship.
(d) Any order issued under this section may include reporting requirements, time limits, bond requirements or any other provisions deemed necessary by the court.
History: L. 2025, ch. 40, § 120; January 1, 2026.
(a) After the hearing on a petition under K.S.A. 59-30,161, and amendments thereto, for conservatorship for an adult or under K.S.A. 59-30,196(c), and amendments thereto, for a protective arrangement instead of conservatorship for an adult, the court may issue an order under subsection (c) for a protective arrangement instead of conservatorship for the adult if the court finds by clear and convincing evidence that:
(1) The adult is unable to manage property or financial affairs because:
(A) Of a limitation in the ability to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance or supported decision making; or
(B) the adult is missing, detained, or unable to return to the United States;
(2) an order under subsection (c) is necessary to:
(A) Avoid harm to the adult or significant dissipation of the property of the adult; or
(B) obtain or provide funds or other property needed for the support, care, education, health or welfare of the adult or an individual entitled to the adult's support; and
(3) the respondent's identified needs cannot be met by a less restrictive alternative.
(b) After the hearing on a petition under K.S.A. 59-30,161, and amendments thereto, for conservatorship for a minor or under K.S.A. 59-30,196(c), and amendments thereto, for a protective arrangement instead of conservatorship for a minor, the court may issue an order under subsection (c) for a protective arrangement instead of conservatorship for the respondent if the court finds by a preponderance of the evidence that the arrangement is in the minor's best interest, and:
(1) If the minor has a parent, the court gives weight to any recommendation of the parent whether an arrangement is in the minor's best interest;
(2) either:
(A) The minor owns money or property requiring management or protection that otherwise cannot be provided;
(B) the minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age; or
(C) the arrangement is necessary or desirable to obtain or provide funds or other property needed for the support, care, education, health or welfare of the minor; and
(3) the order under subsection (c) is necessary or desirable to obtain or provide money needed for the support, care, education, health or welfare of the minor.
(c) If the court makes the findings under subsection (a) or (b), the court, instead of appointing a conservator, may:
(1) Authorize or direct a transaction necessary to protect the financial interest or property of the respondent, including:
(A) An action to establish eligibility for benefits;
(B) payment, delivery, deposit or retention of funds or property;
(C) sale, mortgage, lease or other transfer of property;
(D) purchase of an annuity;
(E) entry into a contractual relationship, including a contract to provide for personal care, supportive services, education, training or employment;
(F) addition to or establishment of a trust;
(G) ratification or invalidation of a contract, trust, will or other transaction, including a transaction related to the property or business affairs of the respondent; or
(H) settlement of a claim; or
(2) restrict access to the respondent's property by a specified person whose access to the property places the respondent at serious risk of financial harm.
(d) After the hearing on a petition under K.S.A. 59-30,196(a)(2) or (c), and amendments thereto, whether or not the court makes the findings under subsection (a) or (b), the court may issue an order to restrict access to the respondent or the respondent's property by a specified person that the court finds by clear and convincing evidence:
(1) Through fraud, coercion, duress or the use of deception and control caused or attempted to cause an action that would have resulted in financial harm to the respondent or the respondent's property; and
(2) poses a serious risk of substantial financial harm to the respondent or the respondent's property.
(e) Before issuing an order under subsection (c) or (d), the court shall consider the factors under K.S.A. 59-30,176, and amendments thereto, a conservator must consider when making a decision on behalf of an individual subject to conservatorship.
(f) Before issuing an order under subsection (c) or (d) for a respondent who is a minor, the court also shall consider the best interest of the minor, the preference of the parents of the minor and the preference of the minor, if the minor is 12 years of age or older.
(g) Any order issued under this section may include reporting requirements, time limits, bond requirements or any other provisions deemed necessary by the court.
History: L. 2025, ch. 40, § 121; January 1, 2026.
A verified petition for a protective arrangement instead of guardianship or conservatorship must state the petitioner's name, principal residence, current street address, if different, relationship to the respondent, interest in the protective arrangement, the name and address of any attorney representing the petitioner and, to the extent known, the following:
(a) The respondent's name, age, principal residence, current street address if different, and address of the dwelling in which it is proposed the respondent will reside if the petition is granted;
(b) the name and address of the respondent's:
(1) Spouse or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the 12-month period before the filing of the petition; and
(2) adult children, adult stepchildren, adult grandchildren and each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and
(3) adult former stepchildren with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the petition;
(c) the name and current address of each of the following, if applicable:
(1) A person primarily responsible for the care or custody of the respondent;
(2) any attorney currently representing the respondent;
(3) the representative payee appointed by the social security administration for the respondent;
(4) a guardian or conservator acting for the respondent in this state or another jurisdiction;
(5) a trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
(6) the fiduciary appointed for the respondent by the department of veterans affairs and any curator appointed under K.S.A. 73-507, and amendments thereto;
(7) an agent designated under a power of attorney for healthcare in which the respondent is identified as the principal;
(8) an agent designated under a power of attorney for finances in which the respondent is identified as the principal;
(9) a person nominated as guardian or conservator by the respondent if the respondent is 12 years of age or older;
(10) a person nominated as guardian by the respondent's parent or spouse in a will or other signed record;
(11) a person known to have routinely assisted the respondent with decision making in the six-month period immediately before the filing of the petition; and
(12) if the respondent is a minor:
(A) An adult not otherwise listed with whom the respondent resides; and
(B) each person not otherwise listed that had primary care or custody of the respondent for at least 60 days during the two years immediately before the filing of the petition or for at least 730 days during the five years immediately before the filing of the petition;
(d) the nature of the protective arrangement sought;
(e) the reason the protective arrangement sought is necessary, including a description of:
(1) The nature and extent of the respondent's alleged need;
(2) any less restrictive alternative for meeting the respondent's alleged need which has been considered or implemented;
(3) if no less restrictive alternative has been considered or implemented, the reason less restrictive alternatives have not been considered or implemented; and
(4) the reason other less restrictive alternatives are insufficient to meet the respondent's alleged need;
(f) the name and current address, if known, of any person with whom the petitioner seeks to limit the respondent's contact and the reason why limited contact with the respondent is necessary;
(g) whether the respondent needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings;
(h) if a protective arrangement instead of guardianship is sought and the respondent has property other than personal effects, a general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of any other anticipated income or receipts; and
(i) if a protective arrangement instead of conservatorship is sought, a general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts.
History: L. 2025, ch. 40, § 122; January 1, 2026.
(a) On filing of a petition under K.S.A. 59-30,196, and amendments thereto, the court shall set a date, time and place for a hearing on the petition.
(b) A copy of a petition under K.S.A. 59-30,196, and amendments thereto, and notice of a hearing on the petition must be served personally on the respondent. The notice must inform the respondent of the respondent's rights at the hearing, including the right to an attorney and to attend the hearing. The notice must include a description of the nature, purpose and consequences of granting the petition. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent. The court may order any of the following persons to serve the notice upon the respondent:
(1) The petitioner or the attorney for the petitioner;
(2) the attorney appointed by the court to represent the respondent;
(3) any law enforcement officer; or
(4) any other person whom the court finds to be a proper person to serve this notice.
(c) In a proceeding on a petition under K.S.A. 59-30,196, and amendments thereto, the notice required under subsection (b) must be given to the persons required to be listed in the petition under K.S.A. 59-30,199(a) through (c), and amendments thereto, and any other person interested in the respondent's welfare the court determines. Failure to give notice under this subsection does not preclude the court from granting the petition.
(d) After the court has ordered a protective arrangement under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, notice of a hearing on a petition for any other order filed under this act, together with a copy of the petition, must be given to the respondent and any other person the court determines.
History: L. 2025, ch. 40, § 123; January 1, 2026.
(a) On filing of a petition under K.S.A. 59-30,196, and amendments thereto, for a protective arrangement instead of guardianship, the court may appoint a court liaison. The court liaison must be an individual with training or experience in the type of abilities, limitations and needs alleged in the petition.
(b) On filing of a petition under K.S.A. 59-30,196, and amendments thereto, for a protective arrangement instead of conservatorship for a minor, the court may appoint a court liaison to investigate a matter related to the petition or inform the minor or a parent of the minor about the petition or a related matter.
(c) On filing of a petition under K.S.A. 59-30,196, and amendments thereto, for a protective arrangement instead of conservatorship for an adult, the court may appoint a court liaison. The court liaison must be an individual with training or experience in the types of abilities, limitations and needs alleged in the petition.
(d) A court liaison appointed under subsection (a) or (c) shall interview the respondent in person and in a manner the respondent is best able to understand:
(1) Explain, in general, the petition, and the nature and purpose of the proceeding including the potential loss of rights as a result of the proceeding;
(2) obtain the respondent's views with respect to the order sought;
(3) if the petitioner seeks an order related to the dwelling of the respondent, visit the respondent's present dwelling and any dwelling in which it is reasonably believed the respondent will live if the order is granted;
(4) if a protective arrangement instead of guardianship is sought, obtain information from any physician or other provider known to have treated, advised or assessed the respondent's relevant physical or mental condition, to the extent that such information has not already been provided to the court;
(5) if a protective arrangement instead of conservatorship is sought, review financial records of the respondent, if relevant to the court liaison's recommendation under subsection (e)(2); and
(6) investigate the allegations in the petition and any other matter relating to the petition as directed by the court, including, but not limited to, the respondent's family relationships, past conduct, the nature and extent of any property or income of the respondent, whether the respondent is likely to injure self or others and other matters as the court may specify.
(e) A court liaison under this section promptly shall file a report with the court at least 10 days prior to the hearing on the petition or other hearing as directed by the court. Unless otherwise ordered by the court, such report must include:
(1) To the extent relevant to the order sought, a summary of self-care, independent-living tasks and financial-management tasks the respondent:
(A) Can manage without assistance or with existing supports;
(B) could manage with the assistance of appropriate supportive services, technological assistance or supported decision making; and
(C) cannot manage;
(2) a recommendation regarding the appropriateness of the protective arrangement sought and whether a less restrictive alternative for meeting the respondent's needs is available;
(3) if the petition seeks to change the physical location of the dwelling of the respondent, a statement whether the proposed dwelling meets the respondent's needs and whether the respondent has expressed a preference as to the respondent's dwelling;
(4) a statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
(5) a statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and
(6) any other matter the court directs.
(f) The costs of an investigation by a court liaison shall be assessed as provided for in K.S.A. 59-30,119, and amendments thereto.
History: L. 2025, ch. 40, § 124; January 1, 2026.
(a) Unless the respondent in a proceeding under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, is represented by an attorney, the court shall appoint an attorney to represent the respondent, regardless of the respondent's ability to pay. The court shall give preference in the appointment of an attorney to an attorney whom the respondent has requested or to any attorney who has represented the respondent in other matters if the court has knowledge of that prior representation.
(b) An attorney representing the respondent in a proceeding under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, shall:
(1) Make reasonable efforts to ascertain the respondent's wishes;
(2) advocate for the respondent's wishes to the extent reasonably ascertainable; and
(3) if the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive alternative in type, duration and scope, consistent with the respondent's interests.
(c) The court may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, if:
(1) The parent objects to the entry of an order for a protective arrangement instead of guardianship or conservatorship;
(2) the court determines that counsel is needed to ensure that consent to the entry of an order for a protective arrangement is informed; or
(3) the court otherwise determines the parent needs representation.
(d) An attorney representing the respondent shall interview the respondent in person and, in a manner the respondent is best able to understand:
(1) Explain to the respondent the substance of the petition, the nature, purpose and effect of the proceeding, and the respondent's rights at the hearing on the petition;
(2) determine the respondent's views about the order sought by the petitioner; and
(3) inform the respondent that all costs and expenses of the proceeding, including respondent's attorney fees, may be paid from the respondent's assets.
History: L. 2025, ch. 40, § 125; January 1, 2026.
(a) Upon the filing of the petition or any other time at or before the hearing, if the contents of the petition or evidence at the hearing support a prima facie case of the need for a protective arrangement, the court shall order an examination and evaluation of the respondent to be conducted through a general hospital, psychiatric hospital, community mental health center, or community developmental disability organization, or by a licensed physician, psychiatrist, psychologist, physician assistant, nurse practitioner, social worker or other professional appointed by the court who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest.
(b) Unless otherwise specified by the court, the report of the examination and evaluation submitted to the court shall contain:
(1) The respondent's name, age and date of birth;
(2) a description of the respondent's physical and mental condition;
(3) a description of the nature and extent of the respondent's cognitive and functional abilities and limitations, including adaptive behaviors and social skills, and, as appropriate, educational and developmental potential;
(4) a summary of self-care and independent-living tasks the respondent can manage without assistance or with existing supports, could manage with the assistance of appropriate supportive services, technological assistance or supported decision making, and cannot manage;
(5) a prognosis for any improvement and, as appropriate, any recommendation for treatment or rehabilitation;
(6) a list and description of any prior assessments, evaluations or examinations of the respondent, including the dates thereof, which were relied upon in the preparation of this evaluation;
(7) the date and location where this examination and evaluation occurred, and the name or names of the professional or professionals performing the examination and evaluation and such professional's qualifications;
(8) a statement by the professional that the professional has personally completed an independent examination and evaluation of the respondent, and that the report submitted to the court contains the results of that examination and evaluation, and the professional's opinion with regard to the issues of whether or not the respondent is in need of a guardian and whether there are barriers to the respondent's attendance and participation at the hearing on the petition; and
(9) the signature of the professional who prepared the report.
(c) The professional shall file with the court, at least five days prior to the date of the trial, such professional's written report concerning the examination and evaluation ordered by the court. The report shall be made available by the court to counsel for all parties.
(d) In lieu of entering an order for an examination and evaluation as provided for in this section, the court may determine that the report accompanying the petition is in compliance with the requirements of this section and that no further examination or evaluation should be required, unless the respondent, or such person's attorney, requests such an examination and evaluation in writing. Any such request shall be filed with the court, and a copy thereof delivered to the petitioner, at least four days prior to the date of the trial. Accompanying the request shall be a statement of the reasons why an examination and evaluation is requested and the name and address of a qualified professional or facility willing and able to conduct this examination and evaluation. If the court orders a further examination and evaluation, the court may continue the trial and fix a new date, time and place of the trial at a time not to exceed 30 days from the date of the filing of the request.
History: L. 2025, ch. 40, § 126; January 1, 2026.
(a) Except as otherwise provided in subsection (b), a hearing under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location where court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audio-visual technology.
(b) A hearing under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:
(1) The respondent is choosing not to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so;
(2) there is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance; or
(3) the respondent is a minor who has received proper notice and attendance would be harmful to the minor.
(c) The respondent may be assisted in a hearing under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, by a person or persons of the respondent's choosing, assistive technology or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
(d) The respondent has a right to retain an attorney to represent the respondent at a hearing under K.S.A. 59-30,196 through 59-30,207, and amendments thereto.
(e) At a hearing under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, the respondent may:
(1) Present evidence and subpoena witnesses and documents;
(2) examine witnesses, including any court-appointed evaluator and the court liaison; and
(3) otherwise participate in the hearing.
(f) A hearing under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, must be closed on request of the respondent and a showing of good cause.
(g) Any person may request to participate in a hearing under K.S.A. 59-30,196 through 59-30,207, and amendments thereto. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.
History: L. 2025, ch. 40, § 127; January 1, 2026.
The court shall give notice of an order under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, to the individual who is subject to the protective arrangement instead of guardianship or conservatorship, a person whose access to the individual is restricted by the order and any other person the court determines.
History: L. 2025, ch. 40, § 128; January 1, 2026.
(a) The existence of a proceeding for or the existence of a protective arrangement instead of guardianship or conservatorship is a matter of public record unless the court seals the record after:
(1) The respondent, the individual subject to the protective arrangement, or the parent of a minor subject to the protective arrangement requests the record be sealed; and
(2) either:
(A) The proceeding is dismissed;
(B) the protective arrangement is no longer in effect; or
(C) an act authorized by the order granting the protective arrangement has been completed.
(b) (1) An order of protective arrangement is a matter of public record unless sealed by the court. All other court records of the proceeding relating to the protective arrangement are not a matter of public record except as further provided.
(2) The following persons may access court records of the proceeding and resulting protective arrangement:
(A) A respondent;
(B) an individual subject to a protective arrangement instead of guardianship or conservatorship;
(C) an attorney designated by the respondent or individual;
(D) a parent of a minor subject to a protective arrangement; and
(E) a licensed attorney, abstractor, or title insurance agent.
(3) A person not otherwise entitled to access to court records under this subsection for good cause may request permission from the court for access. The court shall grant access if access is in the best interest of the respondent or individual subject to the protective arrangement or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
(c) A report of a court liaison or professional evaluation generated in the course of a proceeding under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, must be sealed on filing but is available to:
(1) The court;
(2) the individual who is the subject of the report or evaluation, without limitation as to use;
(3) the petitioner, court liaison and petitioner's and respondent's attorneys, for purposes of the proceeding;
(4) unless the court orders otherwise, an agent appointed under a power of attorney for finances in which the respondent is the principal;
(5) if the order is for a protective arrangement instead of guardianship and unless the court orders otherwise, an agent appointed under a power of attorney for healthcare in which the respondent is identified as the principal; and
(6) any other person if it is in the public interest or for a purpose the court orders for good cause.
History: L. 2025, ch. 40, § 129; January 1, 2026.
The court may appoint a facilitator to assist in implementing a protective arrangement under K.S.A. 59-30,196 through 59-30,207, and amendments thereto. The facilitator has the authority conferred by the order of appointment and serves until discharged by court order.
History: L. 2025, ch. 40, § 130; January 1, 2026.
For purposes of this act, the judicial council shall develop a statement of rights form, petition forms and report and accounting forms.
History: L. 2025, ch. 40, § 131; January 1, 2026.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History: L. 2025, ch. 40, § 132; January 1, 2026.
This act modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).
History: L. 2025, ch. 40, § 133; January 1, 2026.
(a) This act applies to:
(1) A proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced after January 1, 2026; and
(2) except as provided in subsection (b), a guardianship, conservatorship or protective arrangement instead of guardianship or conservatorship in existence on January 1, 2026, unless the court finds application of a particular provision of this act would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of this act does not apply and the superseded law applies.
(b) K.S.A. 59-30,156 and 59-30,180, and amendments thereto, mandating a guardian's plan or conservator's plan shall not apply to guardianships or conservatorships in existence on January 1, 2026, unless the court orders that a guardian's plan or conservator's plan is required.
History: L. 2025, ch. 40, § 134; January 1, 2026.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 2025, ch. 40, § 135; January 1, 2026.
K.S.A. 59-30,251 through 59-30,273, and amendments thereto, may be cited as the uniform adult guardianship and protective proceedings jurisdiction act (2007).
History: L. 2025, ch. 40, § 1; January 1, 2026.
As used in this act:
(a) "Adult" means an individual who has attained 18 years of age or an emancipated individual under 18 years of age.
(b) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under K.S.A. 59-30,170, and amendments thereto.
(c) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under K.S.A. 59-30,149, and amendments thereto.
(d) "Guardianship order" means an order appointing a guardian.
(e) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(f) "Incapacitated person" means an adult for whom a guardian has been appointed.
(g) "Party" means the respondent, petitioner, guardian, conservator or any other person allowed by the court to participate in a guardianship or protective proceeding.
(h) "Person," except in the term "incapacitated person" or "protected person," means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(i) "Protected person" means an adult for whom a protective order has been issued.
(j) "Protective order" means an order appointing a conservator or other order related to management of an adult's property.
(k) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
(l) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(m) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
(n) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States.
History: L. 2025, ch. 40, § 2; January 1, 2026.
A court of this state may treat a foreign country as if it were a state for the purpose of applying K.S.A. 59-30,251 through 59-30,267 and 59-30,271 through 59-30,273, and amendments thereto.
History: L. 2025, ch. 40, § 3; January 1, 2026.
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this act. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record.
History: L. 2025, ch. 40, § 4; January 1, 2026.
(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing;
(2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3) order that an evaluation or assessment be made of the respondent;
(4) order any appropriate investigation of a person involved in a proceeding;
(5) forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2) and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4);
(6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; and
(7) issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 C.F.R 160.103.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
History: L. 2025, ch. 40, § 5; January 1, 2026.
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
History: L. 2025, ch. 40, § 6; January 1, 2026.
(a) As used in K.S.A. 59-30,257 through 59-30,265, and amendments thereto:
(1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;
(2) "home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian, or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition; and
(3) "significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining under K.S.A. 59-30,259 and 59-30,266(e), and amendments thereto, whether a respondent has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2) the length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) the location of the respondent's property; and
(4) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship and receipt of services.
History: L. 2025, ch. 40, § 7; January 1, 2026.
K.S.A. 59-30,257 through 59-30,265, and amendments thereto, provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
History: L. 2025, ch. 40, § 8; January 1, 2026.
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(a) This state is the respondent's home state;
(b) on the date the petition is filed, this state is a significant-connection state and:
(1) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(2) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(A) A petition for an appointment or order is not filed in the respondent's home state;
(B) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(C) the court in this state concludes that it is an appropriate forum under the factors set forth in K.S.A. 59-30,262, and amendments thereto;
(c) this state does not have jurisdiction under either subsection (a) or (b), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(d) the requirements for special jurisdiction under K.S.A. 59-30,260, and amendments thereto, are met.
History: L. 2025, ch. 40, § 9; January 1, 2026.
(a) A court of this state lacking jurisdiction under K.S.A. 59-30,259(a), (b) or (c), and amendments thereto, has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;
(2) issue a protective order with respect to real or tangible personal property located in this state;
(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to K.S.A. 59-30,266, and amendments thereto.
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
History: L. 2025, ch. 40, § 10; January 1, 2026.
Except as otherwise provided in K.S.A. 59-30,260, and amendments thereto, a court that has appointed a guardian or issued a protective order consistent with this act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
History: L. 2025, ch. 40, § 11; January 1, 2026.
(a) A court of this state having jurisdiction under K.S.A. 59-30,259, and amendments thereto, to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent;
(2) whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;
(3) the length of time the respondent was physically present in or was a legal resident of this or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent's estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding; and
(9) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
History: L. 2025, ch. 40, § 12; January 1, 2026.
(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) continue to exercise jurisdiction after considering:
(A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B) whether it is a more appropriate forum than the court of any other state under the factors set forth in K.S.A. 59-30,262(c), and amendments thereto; and
(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of K.S.A. 59-30,259, and amendments thereto.
(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court may not assess fees, costs or expenses of any kind against this state or a governmental subdivision, agency or instrumentality of this state unless authorized by law other than this act.
History: L. 2025, ch. 40, § 13; January 1, 2026.
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
History: L. 2025, ch. 40, § 14; January 1, 2026.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under K.S.A. 59-30,260(a)(1) or (2), and amendments thereto, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(a) If the court in this state has jurisdiction under K.S.A. 59-30,259, and amendments thereto, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to K.S.A. 59-30,259, and amendments thereto, before the appointment or issuance of the order.
(b) If the court in this state does not have jurisdiction under K.S.A. 59-30,259, and amendments thereto, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
History: L. 2025, ch. 40, § 15; January 1, 2026.
(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(c) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in K.S.A. 59-30,257(b), and amendments thereto;
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3) adequate arrangements will be made for management of the protected person's property.
(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to K.S.A. 59-30,267, and amendments thereto; and
(2) the documents required to terminate a guardianship or conservatorship in this state.
History: L. 2025, ch. 40, § 16; January 1, 2026.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to K.S.A. 59-30,266, and amendments thereto, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
(b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
(c) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d) The court shall issue an order provisionally granting a petition filed under subsection (a) unless:
(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(2) the guardian or conservator is ineligible for appointment in this state.
(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to K.S.A. 59-30,266, and amendments thereto, transferring the proceeding to this state.
(f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.
(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under K.S.A. 59-30,101 through 59-30,212, and amendments thereto, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
History: L. 2025, ch. 40, § 17; January 1, 2026.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
History: L. 2025, ch. 40, § 18; January 1, 2026.
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
History: L. 2025, ch. 40, § 19; January 1, 2026.
(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(b) A court of this state may grant any relief available under this act and other law of this state to enforce a registered order.
History: L. 2025, ch. 40, § 20; January 1, 2026.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History: L. 2025, ch. 40, § 21; January 1, 2026.
This act modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).
History: L. 2025, ch. 40, § 22; January 1, 2026.
(a) This act applies to guardianship and protective proceedings begun on or after January 1, 2026.
(b) K.S.A. 59-30,251 through 59-30,256 and 59-30,266 through 59-30,272, and amendments thereto, apply to proceedings begun before January 1, 2026, regardless of whether a guardianship or protective order has been issued.
History: L. 2025, ch. 40, § 23; January 1, 2026.
Subject to the provisions of K.S.A. 59-1701, a devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or persons or by some other person or persons (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testator's will and its terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the corpus of the trust). The devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator. Unless the testator's will provides otherwise, the property so devised or bequeathed (a) shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given, and (b) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of the testator's will) and, if the testator's will so provides, including any amendments to the trust made after the death of the testator. A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse.
History: L. 1968, ch. 203, § 1; July 1.
This act shall have no effect upon any devise or bequest made by a will executed prior to the effective date of this act.
History: L. 1968, ch. 203, § 2; July 1.
This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History: L. 1968, ch. 203, § 3; July 1.
This act may be cited as the "uniform testamentary additions to trusts act."
History: L. 1968, ch. 203, § 4; July 1.
This act shall be a part of and supplemental to the Kansas probate code.
History: L. 1968, ch. 203, § 5; July 1.
K.S.A. 59-3201 to 59-3206, inclusive, shall be named and may be cited as the Kansas simplified estates act.
History: L. 1975, ch. 299, § 29; January 1, 1976.
On the hearing of a petition for the appointment of an administrator or for the probate of a will where administration is sought under the Kansas simplified estates act, the court shall determine whether the estate shall be administered as a simplified estate or as a supervised estate. In making such determination, the court may consider the size of the estate; the degree of kinship of the heirs, devisees and persons seeking appointment; the solvency of the estate; the nature of the estate; the wishes of the heirs and devisees; the probable cost of estate administration and settlement; and any other pertinent matters.
History: L. 1975, ch. 299, § 30; January 1, 1976.
(a) If the court has determined that the estate shall be administered as a simplified estate, further proceedings shall be under the provisions of the Kansas simplified estates act with the following exceptions:
(1) If letters issued under the Kansas simplified estates act are revoked, pursuant to K.S.A. 59-3206; or
(2) if pursuant to K.S.A. 59-3205, the executor or administrator petitions the court for a notice, judicial determination of a single proceeding or an act in the estate, but does not seek supervised administration.
(b) All procedures, notices, bonds, hearings and appeals under the Kansas simplified estates act shall proceed as set out under other provisions of the Kansas probate code, unless otherwise provided herein.
(c) All letters testamentary and letters of administration issued pursuant to the Kansas simplified estates act shall be designated on their face as letters testamentary or letters of administration issued under the Kansas simplified estates act.
(d) No provision of the Kansas simplified estates act shall be construed to eliminate any required notice of petition to sell, lease or mortgage real property.
History: L. 1975, ch. 299, § 31; L. 1976, ch. 245, § 10; July 1.
(a) The executor or administrator appointed under the Kansas simplified estates act shall collect the decedent's assets, file an inventory and valuation, pay claims of creditors, and pay taxes owed by the decedent or the decedent's estate in the manner provided by law.
(b) The executor or administrator may sell, liquidate or exchange personal property of the estate not specifically bequeathed. Payment of creditors' claims and sale, liquidation or exchange of personal property hereunder shall not require court supervision.
(c) The executor or administrator may make a distribution of a bequest or of the residue of the estate prior to the closing of the estate, and such executor or administrator may require a redelivery bond equal to the value of the property distributed.
History: L. 1975, ch. 299, § 32; L. 1982, ch. 235, § 5; L. 2000, ch. 76, § 8; L. 2010, ch. 44, § 26; July 1.
After an estate has been opened under the Kansas simplified estates act and letters testamentary or letters of administration under this act have been issued, no further court supervision is necessary or required until the court orders the estate closed except: (a) When the administrator or executor petitions the court for a judicial determination of any proceeding or act in the estate, but does not seek supervised administration for the remainder of the administration and the petition is granted; or (b) when the change to supervised administration is made, as provided in K.S.A. 59-3206 and amendments thereto.
When the time for the filing of claims has expired, the time in which an appeal may be taken from an order admitting or refusing to admit a will to probate has expired and six months from the date of decedent's death have expired, the court may order the estate closed as provided in K.S.A. 59-2247 and 59-2249, and amendments thereto.
History: L. 1975, ch. 299, § 33; L. 1985, ch. 191, § 56; July 1.
After letters testamentary or letters of administration have been issued under the Kansas simplified estates act, if:
(a) Any person having an interest in the estate files an objection to the administration of the estate under the Kansas simplified estates act and states his or her reasons therefor, or
(b) the executor or administrator files a statement alleging that the estate cannot be administered advantageously under the act, the issue of continuing administration under the Kansas simplified estates act shall be heard by the court, after notice has been given pursuant to K.S.A. 59-2208.
If the court finds that administration under the Kansas simplified estates act should be terminated, it shall so order and direct supervised administration.
After the filing of the objection, but prior to the hearing thereon, the court, on its own motion, or on application of a person interested in the estate, may require the filing of a bond, and make orders with respect to the estate, as provided in the Kansas probate code.
After a finding that supervised administration is necessary, letters testamentary or letters of administration shall be issued and all proceedings shall be governed by the applicable parts of the Kansas probate code, and letters issued under the Kansas simplified estates act shall be revoked.
The change to supervised administration shall not: Require republication of a notice to creditors which has been duly published; invalidate a proper inventory and valuation previously filed; invalidate any action previously taken by, or prejudice the rights of, any person who has in good faith dealt with the executor or administrator in reliance on such executor's or administrator's authority.
History: L. 1975, ch. 299, § 34; January 1, 1976.
(a) K.S.A. 59-3301 through 59-3306 may be cited as the Kansas informal administration act and shall be construed as supplemental to and as a part of the Kansas probate code.
(b) The provisions of K.S.A. 59-3301 through 59-3306 shall take effect and be in force on and after January 1, 1986.
History: L. 1985, ch. 191, § 1; July 1.
(a) Any person interested in an estate may petition for informal administration.
(b) The petition shall contain:
(1) The name and residence address of the petitioner.
(2) The interest of the petitioner in the estate.
(3) The name, residence address and date and place of death of the decedent and a statement that there is property which is subject to administration.
(4) The names, ages, residences, addresses and relationships of the heirs, devisees and legatees of the decedent and any named fiduciary, if known or ascertainable with reasonable diligence.
(5) The name and address of the person who prepared the will, if known or ascertainable with reasonable diligence.
(6) An inventory and valuation or appraisal of all of the assets of the decedent. This information may be set forth in the petition or listed in a separate document attached to the petition.
(7) A listing of the debts of the decedent, both paid and unpaid; an estimate of costs and expenses of informal administration, including reasonable fees; and a statement of those specific moneys belonging to decedent's estate which are proposed to be used to pay unsatisfied debts of the decedent and the expenses of informal administration. This information may be set forth in the petition or listed in a separate document attached to the petition.
(8) The nature and form of disposition requested, including a statement of whether the property will pass by will, the law of descent and distribution or valid settlement agreement. If the property is to pass by will or valid settlement agreement, the will or valid settlement agreement shall be attached.
(9) The reasons informal administration is appropriate.
(10) A request that the petitioner or other named person be designated to carry out the orders made by the court.
(11) The amount and type of bond or bonds to be given.
(12) A statement that if informal administration is denied, which alternative under K.S.A. 59-3305, and amendments thereto, is requested, and if simplified or supervised administration is requested, the name and address of the person proposed to be appointed as executor or administrator.
History: L. 1985, ch. 191, § 2; L. 1987, ch. 211, § 4; L. 2000, ch. 76, § 9; L. 2010, ch. 44, § 27; July 1.
Notice of hearing in all proceedings commenced pursuant to this act in which title to real estate is to be assigned by the court shall be given pursuant to K.S.A. 59-2209 and amendments thereto. In all other cases, notice shall be given or waived as provided in K.S.A. 59-2208 and amendments thereto. A copy of the petition, including all attachments shall accompany every notice of hearing mailed in every proceeding under this act, and proof of service shall be made pursuant to K.S.A. 59-2211 and amendments thereto.
History: L. 1985, ch. 191, § 3; July 1.
(a) Whenever the court finds that an estate can be completely administered under the Kansas informal administration act:
(1) The court shall make the following orders:
(A) For informal administration of the estate; and
(B) assigning, with sufficient particularity to allow their transfer, all assets of the estate, remaining after payment of any family allowances, debts and expenses, to the proper legatees and devisees, if there is an instrument admitted to probate as decedent's last will and testament; to the proper heirs, if pursuant to the law of descent and distribution; or to the proper persons entitled thereto, if pursuant to a valid settlement agreement.
(2) The court may make any of the following orders, if applicable:
(A) For family allowances pursuant to K.S.A. 59-403 and amendments thereto;
(B) for the payment of all unpaid debts, in order of their preference, and all expenses of the informal administration;
(C) designating specific moneys of the estate to be used for payment of the debts and expenses of informal administration and designating the person authorized to pay them;
(D) for release of the nominated fiduciary, if any, from all responsibility and liability;
(E) admitting to probate the decedent's last will and testament, upon proper proof; or
(F) the giving of bond, if appropriate.
(b) (1) The person ordered to pay debts and expenses of informal administration under subsection (a)(2)(C), unless excused by a testamentary instrument, shall file a bond with sufficient sureties in an amount equal to not less than 125% of the amount of money authorized to be used for payment of the debts and expenses of informal administration under subsection (a)(2)(C).
(2) If distribution of the estate, under subsection (a)(1)(B), is ordered before six months from the date of death or before any statute of nonclaims has run, any distributee who receives any property pursuant to that order shall give a redelivery bond with sufficient sureties in the amount of the value of the property assigned to that distributee.
(3) Bonds shall run for a period of time beginning with the date of the court's order and continuing until the running of any statute of nonclaims. The bonds shall be for the benefit of the heirs, devisees, legatees, trustees, creditors and nominated fiduciary, if any.
History: L. 1985, ch. 191, § 4; July 1.
The court may determine that administration under the Kansas informal administration act is not appropriate because of contested matters, the need for administration, disagreement among beneficiaries or any other appropriate circumstances. If the court determines that informal administration is not appropriate, the court may dismiss the proceeding, order a refusal to grant letters of administration proceeding, order a determination of descent proceeding if more than six months have passed since the decedent's death or order that simplified administration or supervised administration ensue without further notice of hearing, other than notice to creditors pursuant to K.S.A. 59-709 and amendments thereto.
History: L. 1985, ch. 191, § 5; L. 1987, ch. 211, § 5; July 1.
The district court, in its discretion, may order an appraisal of the property before making the orders contemplated by subsection (a) of K.S.A. 59-3304. The appraisal shall be made by one or more appraisers approved by the court.
History: L. 1985, ch. 191, § 6; July 1.
(a)
Validity of Nonvested Property Interest.
A nonvested property interest is invalid unless:
(1) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or
(2) the interest either vests or terminates within 90 years after its creation.
(b)
Validity of General Power of Appointment Subject to a Condition Precedent.
A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(1) When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or
(2) the condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.
(c)
Validity of Nongeneral or Testamentary Power of Appointment.
A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or
(2) the power is irrevocably exercised or otherwise terminates within 90 years after its creation.
(d)
Possibility of Post-death Child Disregarded.
In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1) or (c)(1), the possibility that a child will be born to an individual after the individual's death is disregarded.
(e)
Effect of Certain "Later-of" Type Language.
If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (i) seeks to disallow the vesting or termination of any interest or trust beyond, (ii) seeks to postpone the vesting or termination of any interest or trust until, or (iii) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.
History: L. 1992, ch. 302, § 1; July 1.
(a) Except as provided in subsections (b) and (c) and in subsection (a) of K.S.A. 59-3405, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
(b) For purposes of this act, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in subsection (b) or (c) of K.S.A. 59-3401, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. For purposes of this act, a joint power with respect to community property or to marital property under the uniform marital property act held by individuals married to each other is a power exercisable by one person alone.
(c) For purposes of this act, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
History: L. 1992, ch. 302, § 2; July 1.
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 90 years allowed by subsections (a)(2), (b)(2) or (c)(2) of K.S.A. 59-3401 if:
(1) A nonvested property interest or a power of appointment becomes invalid under K.S.A. 59-3401, statutory rule against perpetuities;
(2) a class gift is not but might become invalid under K.S.A. 59-3401, statutory rule against perpetuities, and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) a nonvested property interest that is not validated by subsection (a)(1) of K.S.A. 59-3401 can vest but not within 90 years after its creation.
History: L. 1992, ch. 302, § 3; July 1.
K.S.A. 59-3401, and amendments thereto, the statutory rule against perpetuities, does not apply to:
(1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of a:
(i) Premarital or postmarital agreement;
(ii) separation or divorce settlement;
(iii) spouse's election;
(iv) similar arrangement arising out of a prospective, existing or previous marital relationship between the parties;
(v) contract to make or not to revoke a will or trust;
(vi) contract to exercise or not to exercise a power of appointment;
(vii) transfer in satisfaction of a duty of support; or
(viii) reciprocal transfer;
(2) a fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income;
(3) a power to appoint a fiduciary;
(4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
(5) a nonvested property interest held by a charity, government or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government or governmental agency or subdivision;
(6) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral or other current or deferred benefit plan for one or more employees, independent contractors or the beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;
(7) a property interest, power of appointment or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state; or
(8) a trust in which the governing instrument states that the rule against perpetuities does not apply to the trust and under which the trustee or other person to whom the power is properly granted or delegated has power under the governing instrument, any applicable statute or the common law to sell, lease or mortgage property for any period of time beyond the period which would otherwise be required for an interest created under the governing instrument to vest. This subsection shall apply to all trusts created by will or inter vivos agreement executed or amended on or after July 1, 2023, and to all trusts created by exercise of power of appointment granted under instruments executed or amended on or after July 1, 2023.
History: L. 1992, ch. 302, § 4; L. 2023, ch. 48, § 32; July 1.
(a) Except as extended by subsection (b), this act applies to a nonvested property interest or a power of appointment that is created on or after the effective date of this act. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(b) If a nonvested property interest or a power of appointment was created before the effective date of this act and is determined in a judicial proceeding, commenced on or after the effective date of this act, to violate this state's rule against perpetuities as that rule existed before the effective date of this act, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
History: L. 1992, ch. 302, § 5; July 1.
This act may be cited as the uniform statutory rule against perpetuities.
History: L. 1992, ch. 302, § 6; July 1.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History: L. 1992, ch. 302, § 7; July 1.
This act supersedes the rule of the common law known as the rule against perpetuities.
History: L. 1992, ch. 302, § 8; July 1.
(a) An interest in real estate may be titled in transfer-on-death, TOD, form by recording a deed signed by the record owner of such interest, designating a grantee beneficiary or beneficiaries of the interest. Such deed shall transfer ownership of such interest upon the death of the owner. A transfer-on-death deed need not be supported by consideration.
(b) The signature, consent or agreement of or notice to a grantee beneficiary of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner.
History: L. 1997, ch. 176, § 1; July 1.
An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located, prior to the death of the owner, a deed in substantially the following form:
(Name of owner)nbsp; as owner transfers on death to (name of beneficiary) , as grantee beneficiary, the following described interest in real estate: (here insert description of the interest in real estate). THIS TRANSFER ON DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE OWNER. IT REVOKES ALL PRIOR BENEFICIARY DESIGNATIONS BY THIS OWNER FOR THIS INTEREST IN REAL ESTATE.
Instead of the words "transfer-on-death" the abbreviation "TOD" may be used.
History: L. 1997, ch. 176, § 2; July 1.
(a) A designation of the grantee beneficiary may be revoked at any time prior to the death of the record owner, by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located an instrument describing the interest revoking the designation. The signature, consent or agreement of or notice to the grantee beneficiary or beneficiaries is not required.
(b) A designation of the grantee beneficiary may be changed at any time prior to the death of the record owner, by executing, acknowledging and recording a subsequent transfer-on-death deed in accordance with K.S.A. 59-3502. The signature, consent or agreement of or notice to the grantee beneficiary or beneficiaries is not required. A subsequent transfer-on-death beneficiary designation revokes all prior designations of grantee beneficiary or beneficiaries by such record owner for such interest in real estate.
(c) A transfer-on-death deed executed, acknowledged and recorded in accordance with this act may not be revoked by the provisions of a will.
History: L. 1997, ch. 176, § 3; July 1.
(a) Title to the interest in real estate recorded in transfer-on-death form shall vest in the designated grantee beneficiary or beneficiaries on the death of the record owner.
(b) Grantee beneficiaries of a transfer-on-death deed take the record owner's interest in the real estate at death subject to all conveyances, assignments, contracts, mortgages, liens and security pledges made by the record owner or to which the record owner was subject during the record owner's lifetime including, but not limited to, any executory contract of sale, option to purchase, lease, license, easement, mortgage, deed of trust or lien, claims of the state of Kansas for medical assistance, as defined in K.S.A. 39-702, and amendments thereto, pursuant to K.S.A. 39-709, and amendments thereto, and to any interest conveyed by the record owner that is less than all of the record owner's interest in the property.
(c) (1) Except as provided in subsection (c)(2), if a grantee beneficiary dies prior to the death of the record owner and an alternative grantee beneficiary has not been designated on the deed to succeed to such deceased grantee beneficiary's interest, the transfer, with respect to any such deceased grantee beneficiary, shall lapse.
(2) When the transfer-on-death deed was not made contingent on such grantee beneficiary surviving the record owner and a deceased grantee beneficiary leaves at least one then-surviving issue of such beneficiary upon the death of the owner when such interest would otherwise have lapsed under subsection (c)(1), the interest in the real estate shall not lapse and shall vest on such record owner's death in the then-surviving issue of the deceased grantee beneficiary on a per stirpes basis as successor grantee or grantees.
(d) Any judicial proceeding initiated by an interested party to determine the succession of ownership of real estate of a deceased record owner pursuant to subsection (c) shall be subject to chapter 59 of the Kansas Statutes Annotated, and amendments thereto, to determine descent.
(e) The amendments made to this section by this act shall apply to deeds filed of record on or after July 1, 2023.
History: L. 1997, ch. 176, § 4; L. 2015, ch. 42, § 19; L. 2023, ch. 77, § 15; July 1.
(a) A record joint owner of an interest in real estate may use the procedures in this act to title such interest in transfer-on-death form. However, title to such interest shall vest in the designated grantee beneficiary or beneficiaries only if such record joint owner is the last to die of all of the record joint owners of such interest. A deed in transfer-on-death form shall not sever a joint tenancy.
(b) As used in this section, "joint owner" means a person who owns an interest in real estate as a joint tenant with right of survivorship.
History: L. 1997, ch. 176, § 5; July 1.
The provisions of K.S.A. 58-2414, and amendments thereto, apply to the grantor of a transfer-on-death deed.
History: L. 1997, ch. 176, § 6; July 1.
A deed in transfer-on-death form shall not be considered a testamentary disposition and shall not be invalidated due to nonconformity with the provisions of chapter 59 of the Kansas Statutes Annotated.
History: L. 1997, ch. 176, § 7; July 1.
A motor vehicle, as defined by K.S.A. 8-126, and amendments thereto, may be titled in transfer-on-death, TOD, form by including in the certificate of title a designation of a beneficiary or beneficiaries to whom the motor vehicle shall be transferred on death of the owner or the last survivor of the joint tenant with right of survivorship owners, subject to the rights of all lien holders.
History: L. 1997, ch. 138, § 1; L. 2013, ch. 92, § 6; July 1.
A motor vehicle is registered in transfer-on-death form by designating on the certificate of title, the name of the owner, the names of tenant in common owner or the names of the joint tenant with right of survivorship owners, followed in substance by the words "transfer on death to (name of beneficiary or beneficiaries)." Instead of the words "transfer on death to" the abbreviation "TOD" may be used.
History: L. 1997, ch. 138, § 2; January 1, 1998.
The transfer-on-death beneficiary or beneficiaries shall have no interest in the motor vehicle until the death of the owner or the last survivor of the joint tenant with right of survivorship owners. A beneficiary designation may be changed at any time by the owner or all of the joint tenant with right of survivorship owners then surviving without the consent of the beneficiary or beneficiaries by filing an application for a subsequent certificate of title.
History: L. 1997, ch. 138, § 3; January 1, 1998.
Ownership of a motor vehicle titled in transfer-on-death form, for which an application for a subsequent certificate of title has not been filed, shall vest in the designated beneficiary or beneficiaries on the death of the owner or the last of the joint tenant with right of survivorship owners, subject to the rights of all lien holders.
History: L. 1997, ch. 138, § 4; January 1, 1998.
A certificate of title in transfer-on-death form shall not be considered a testamentary disposition or be invalidated due to nonconformity with the provisions of chapter 59 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1997, ch. 138, § 5; January 1, 1998.
(a) A provision in the following for a nonprobate transfer on death is nontestamentary:
(1) Insurance policy or annuity contract;
(2) contract of employment;
(3) current employee compensation or benefit program;
(4) deferred compensation or pension plan, including programs described in sections 401(a), 403(b), 457 or 501(c)(18) of the federal internal revenue code of 1986 as in effect on January 1, 2001;
(5) individual retirement plan, whether custodial or otherwise; or
(6) account established pursuant to a qualified state tuition program under section 529 of the federal internal revenue code of 1986 as in effect on January 1, 2001.
(b) The provisions of subsection (a) do not limit rights of creditors under other laws of this state.
History: L. 2001, ch. 43, § 1; July 1.
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