59-30,189.

361 words·~2 min read·/ks/chapter-59/59-30-89

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

59-30,189. Removal of conservator; appointment of successor.

(a)The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator.

(b)The court shall hold a hearing to determine whether to remove a conservator and appoint a successor on:

(1)Petition of the individual subject to conservatorship, conservator or person interested in the welfare of the individual which contains allegations that, if true, would support a reasonable belief that removal of the conservator and appointment of a successor may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;

(2)communication from the individual subject to conservatorship, conservator or person interested in the welfare of the individual which supports a reasonable belief that removal of the conservator and appointment of a successor may be appropriate;

(3)determination by the court that a hearing would be in the best interest of the individual subject to conservatorship; or

(4)determination by the court that the conservator's reports and accountings are delinquent or deficient as filed.

(c)Notice of a petition under subsection (b)(1) or any hearing under this section must be given to the individual subject to conservatorship, the conservator, 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.

(d)If the individual subject to conservatorship is not represented by an attorney, the court shall appoint an attorney under the same conditions as in K.S.A. 59-30,165 , and amendments thereto. The court shall award reasonable attorney fees to the attorney as provided in K.S.A. 59-30,119 , and amendments thereto.

(e)In selecting a successor conservator, the court shall follow the priorities under K.S.A. 59-30,169 , and amendments thereto.

(f)Not later than 30 days after appointing a successor conservator, the court or court's designee shall give notice of the appointment to the individual subject to conservatorship and any person entitled to notice under K.S.A. 59-30,170 (f), and amendments thereto, or a subsequent order.