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Code · Kansas · Chapter 59 — Probate Code

59-30,139.

386 words·~2 min read·/ks/chapter-59/59-30-39

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

59-30,139. Termination of guardianship for minor; removal of guardian; appointment of successor.
(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.
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