59-2205.
Persons under disability.
The petition of a person under legal disability shall be by his or her guardian, conservator or next friend. When it is by his or her next friend the court may substitute the guardian, conservator, or any person, for the next friend. The court may appoint a guardian ad litem in any probate proceeding to represent and defend a party thereto under legal disability. All possible unborn or unascertained beneficiaries may be represented by living competent members of the class to which they do or would belong, or by guardian ad litem, as the court deems best.
History:
L. 1939, ch. 180, § 181; L. 1951, ch. 342, § 1; L. 1965, ch. 346, § 27; January 1, 1966.
Notes of Decisions
Hodes & Nauser, MDS, P.A. v. Schmidt, 440 P.3d 461 (Kan. 2019).
· cites it 2× “65-28,103 (living will has no effect during pregnancy); K.S.A. 59-2205 (representation of unborn in a probate proceeding); K.”
In re the Est. of Wise, 890 P.2d 744 (Kan. Ct. App. 1995).
· cites it 3× “” K.S.A. 59-2205. In this case, the district court reasoned that authority to “represent and defend” is not authority to enter into contracts.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
“6306 (2011); Kan. Stat. Ann. § 59-2205 (2008); Ky.Rev.”
In Re the Conservatorship of L.M.S., 755 P.2d 22 (Kan. Ct. App. 1988).
· cites it 2× “While there is some question whether Pfalzgraf was the children’s guardian ad litem for purposes of the conservatorship proceedings, there is no question the court could have appointed her under K.S.A. 59-2205 once it recognized the problem of lack of effective notice to the…”
In re the Guardianship & Conservatorship of Benham, 271 P.3d 1257 (Kan. Ct. App. 2012).
“See K.S.A. 59-2205. “[A]n attorney may be appointed by the court if requested, in writing, by the ward, conservatee, guardian or conservator, or upon the court’s own motion.”
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