59-3094. Costs of proceedings; payment. (a) In each proceeding the court shall allow and order paid to any individual or institution as a part of the costs thereof a reasonable fee and expenses for any professional services ordered performed by the court pursuant to this act other than those performed by any individual or institution under the jurisdiction of the Kansas department for children and families, but including the fee of counsel for the proposed ward or proposed conservatee or ward or conservatee when counsel is appointed by the court. The court may allow and order paid the fee of counsel for the petitioner and any respondent. Other costs and fees may be allowed and paid as are allowed by law for similar services in other cases. The costs shall be taxed to the estate of the proposed ward or proposed conservatee or ward or conservatee, to those bound by law to support the proposed ward or proposed conservatee or ward or conservatee, to other parties whenever it would be just and equitable to do so, or to the county of residence of the proposed ward or proposed conservatee or ward or conservatee as the court having venue shall direct.
(b) In any contested proceeding or matter the court, in its discretion, may require one or more parties to give security for the costs thereof, or in lieu thereof to file a poverty affidavit as provided for in the code of civil procedure.
(c) Any district court receiving a statement of costs from another district court shall approve the same for payment out of the general fund of its county except that it may refuse to approve the same for payment only on the grounds that the proposed ward or proposed conservatee or ward or conservatee is not a resident of that county. In such case it shall transmit the statement of costs to the secretary for children and families who shall determine the question of residence and certify those findings to each district court. If the claim for costs is not paid within 30 days after such certification, an action may be maintained thereon by the claimant county in the district court of the claimant county against the debtor county. The findings made by the secretary for children and families as to the residence of the proposed ward or proposed conservatee or ward or conservatee shall be applicable only to the assessment of costs. Any county of residence which pays from its general fund court costs to the district court of another county may recover the same in any court of competent jurisdiction from the estate of the proposed ward or proposed conservatee or ward or conservatee or from those bound by law to support the proposed ward or proposed conservatee or ward or conservatee, unless the court finds that the proceedings in which such costs were incurred were instituted without good cause and not in good faith.
History: L. 2002, ch. 114, § 45; L. 2014, ch. 115, § 230; 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.