59-3082. Claims against conservatee's estate; petition; contents; notice; hearing; order for payment. (a) Any person having a claim for payment against the conservatee or the conservatee's estate, other than for any tort for which the claimant has not been awarded judgment, or any person having a claim for payment for any goods or services provided to the conservatee or the conservatee's estate by the claimant in reliance upon actions or the authority of the conservator, may file with the court a verified petition requesting payment for such. The petition shall include:
(1) The petitioner's name and address;
(2) the conservator's name and address;
(3) the amount of the claim, and the factual basis upon which the petitioner makes this claim;
(4) a statement that demand for payment of the claim has been made upon the conservator, but that the conservator refuses or has failed to pay the claim; and
(5) a request that the court determine that the claim is owed to the petitioner, and for an order of the court directing the conservator to pay the claim.
(b) Upon the filing of such a petition, the court shall issue an order fixing the date, time and place of a hearing on the petition. The court shall require the petitioner to give notice of this hearing to the conservator and to such other persons as the court may direct. The court may appoint an attorney to represent the conservatee in this matter similarly as provided for in subsection (a)(3) of K.S.A. 59-3063, and amendments thereto.
(c) At the completion of the hearing, if the court finds, by a preponderance of the evidence, that the petitioner is owed the claim, or some part thereof, the court shall issue an order to the conservator to pay the same from the conservatee's estate, or to pay so much of the claim as the court allows, and to include such in the conservator's next report and accounting. Otherwise, the court shall deny the petitioner's request.
History: L. 2002, ch. 114, ยง 33; July 1.
Structure Kansas Statutes
Article 30 - Guardians Or Conservators
59-3050 Name and citation of act.
59-3053 Natural guardian; powers and responsibilities.
59-3054 Right to nominate guardian or conservator, or both.
59-3055 Small estate; investment; disposition.
59-3056 Voluntary petition for appointment of conservator.
59-3059 Petition for appointment of guardian or conservator for minor; contents; plan.
59-3062 Petition for appointment of ancillary conservator; contents; authenticated documents; plan.
59-3063 Mandatory preliminary orders; trial; notice.
59-3064 Order for examination for evaluation.
59-3065 Discretionary preliminary orders; procedure.
59-3066 Notice; contents; service.
59-3067 Trial; procedure; appointment of guardian or conservator; denial.
59-3068 Appointment of guardian or conservator; priority of nominee; qualifications; compensation.
59-3069 Oaths; bonds; resident agent; letters; basic instructional program.
59-3070 Appointment of corporation as guardian; qualifications; procedures.
59-3073 Temporary guardian; temporary conservator; petition; order; hearings.
59-3075 Guardian's duties, responsibilities, powers and authorities.
59-3076 Guardianship plan; contents; effectuation; revision.
59-3078 Conservator's duties, responsibilities, powers and authorities.
59-3079 Conservatorship plan; contents; effectuation; revision.
59-3082 Claims against conservatee's estate; petition; contents; notice; hearing; order for payment.
59-3083 Reports and accountings.
59-3084 Court review of guardian's report; hearing.
59-3085 Court review of conservator's report; hearing.
59-3090 Restoration to capacity; petition; contents; hearing; procedure.
59-3092 Termination of guardianship or conservatorship.
59-3093 Confidentiality of medical records and other reports; penalty.
59-3094 Costs of proceedings; payment.
59-3095 Effect of 2002 amendments.
59-3097 Guardianship or conservatorship orders; full faith and credit.