59-30,127.

307 words·~1 min read·/ks/chapter-59/59-30-27

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

59-30,127. Grievance against guardian or conservator.

(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.