59-30,180.

479 words·~2 min read·/ks/chapter-59/59-30-80

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

59-30,180. Conservator's plan.

(a)Not later than 60 days after appointment, and whenever there is a significant change in circumstances or the conservator seeks to deviate significantly from the existing conservator's plan, a conservator shall file with the court a plan for protecting, managing, expending and distributing the assets of the conservatorship estate. The plan must be based on the needs of the individual subject to conservatorship and take into account the best interest of the individual as well as the individual's preferences, values and prior directions, to the extent known to or reasonably ascertainable by the conservator. The conservator shall include in the plan:

(1)A budget containing projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the individual;

(2)how the conservator will involve the individual in decisions about management of the conservatorship estate;

(3)any step the conservator plans to take to develop or restore the ability of the individual to manage the conservatorship estate; and

(4)an estimate of the duration of the conservatorship.

(b)A conservator shall give notice of the filing of the conservator's plan under subsection (a), together with a copy of the plan, to the individual subject to conservatorship, any attorney representing the individual subject to conservatorship, a person entitled to notice under K.S.A. 59-30,170 (f), and amendments thereto, or a subsequent order, and any other person the court determines. The notice must include a statement of the right to object to the plan and must be given at the time of the filing.

(c)An individual subject to conservatorship and any person entitled under subsection

(b)to receive notice and a copy of the conservator's plan may object to the plan in writing not later than 21 days after the filing.

(d)The court shall review the conservator's plan filed under subsection

(a)and determine whether to approve the plan or require a new plan. In deciding whether to approve the plan, the court shall consider an objection under subsection

(c)and whether the plan is consistent with the conservator's duties and powers. The court shall review an initial conservator's plan at the review hearing scheduled under K.S.A. 59-30,170 (e), and amendments thereto. For subsequent conservator's plans, the court has discretion whether to set the matter for hearing but may not approve the plan until 30 days after the filing.

(e)After a conservator's plan under this section is approved by the court, the conservator shall provide a copy of the plan to the individual subject to conservatorship, any attorney representing the individual subject to conservatorship, a person entitled to notice under K.S.A. 59-30,170 (f), and amendments thereto, or a subsequent order, and any other person the court determines.