59-30,172.

410 words·~2 min read·/ks/chapter-59/59-30-72

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

59-30,172. Emergency conservator.

(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.