59-30,164.
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/ks/chapter-59/59-30-64A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
59-30,164. Appointment and role of court liaison.
(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.
(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.