59-30,168.

405 words·~2 min read·/ks/chapter-59/59-30-68

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

59-30,168. Confidentiality of records; access to records.

(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.

(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.