59-30,191.

456 words·~2 min read·/ks/chapter-59/59-30-91

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

59-30,191. Extended conservatorship for minor.

(a)A conservatorship for a minor may be extended beyond the minor's 18 th birthday if the minor consents or the court finds by clear and convincing evidence that substantial harm to the minor's interests is otherwise likely. A conservatorship may be extended under this section until the minor reaches the age of 21 and may be extended for two additional two-year periods upon the same finding by the court or upon consent of the minor. Consent to the extension of a conservatorship may be withdrawn at any time.

(b)Any request to extend a minor conservatorship under this section must be accompanied by:

(1)A description of the funds or assets of the minor's estate which the conservator proposes to distribute to the minor over an extended period following the minor's 18 th birthday;

(2)the factual basis upon which the conservator alleges the need for such an extended distribution plan; and

(3)a proposed conservator's plan that describes how the distribution will occur.

(c)The court shall appoint an attorney to represent the minor as provided in K.S.A. 59-30,165 , and amendments thereto.

(d)After a hearing, the court may extend a conservatorship for a minor and grant to the conservator the authority to establish an extended distribution plan if the court finds by clear and convincing evidence that:

(1)Substantial harm to the minor's interests is likely if the conservatorship is not extended; and

(2)the plan approved by the court adequately provides for meeting the expected needs of the minor from the minor's 18 th birthday until the final distribution of the funds or assets which the court authorizes to be set aside or transferred from the estate are paid over to the minor, including provisions for accelerated distribution in extraordinary circumstances, which may require court approval.

(e)If the court orders a conservatorship for a minor to be extended under this section, the court shall order the conservator to report any expenditure or transfer of funds or assets from the minor's estate for the purposes of effectuating an extended distribution plan within the conservator's next accounting.

(f)The court may extend the conservatorship with regard to specific funds or assets of the minor's estate, even though other funds or assets of the minor's estate are paid over to the minor upon the minor's becoming 18 years of age.

(g)The minor shall be without the power, voluntarily or involuntarily, to sell, mortgage, pledge, hypothecate, assign, alienate, anticipate, transfer or convey any interest in the principal or the income from any funds or assets of the minor's estate set aside or transferred to effectuate a plan for extended distribution until such is actually paid to the minor.