History:
L. 1965, ch. 347, § 2; L. 1983, ch. 191, § 1; L. 1985, ch. 114, § 27; L. 1986, ch. 211, § 35; L. 1996, ch. 167, § 56; Repealed, L. 2002, ch. 114, § 81; July 1.
CASE ANNOTATIONS
1. Cited in applying statute of limitations in a medical malpractice case. Seymour v. Lofgreen, 209 Kan. 72, 78, 495 P.2d 969.
2. Grandparent does not fall within statutory definition of natural guardian. In re Johnson, 210 Kan. 828, 831, 504 P.2d 217.
3. Grandparent with visitation rights under K.S.A. 38-129 not entitled to notice of adoption; court without power to grant right after adoption. Browning v. Tarwater, 215 Kan. 501, 504, 524 P.2d 1135.
4. Discussed; change of payable on death beneficiary on savings bonds by mentally competent voluntary conservatee valid although not court approved. Union National Bank of Wichita v. Mayberry, 216 Kan. 757, 759, 533 P.2d 1303.
5. Parents have equal right to custody of minor children in absence of court order; conviction under K.S.A. 21-3422 reversed. State v. Al-Turck, 220 Kan. 557, 558, 552 P.2d 1375.
6. Held that a voluntary conservatorship deprives the conservatee of the capacity to contract and convey away property inter vivos that would diminish the conservatorship estate. Citizens State Bank & Trust Co. v. Nolte, 226 Kan. 443, 446, 447, 601 P.2d 1110.
7. A person adjudicated incapacitated with respect to his person and estate does not possess requisite capacity to file divorce action. Brice-Nash v. Brice-Nash, 5 Kan. App. 2d 332, 333, 335, 615 P.2d 836.
8. Mentioned; guardian who is joint tenant has conflict of interest; breach of duty determined case-by-case. Fielder v. Howell, 6 Kan. App. 2d 565, 631 P.2d 249 (1981).
9. "Natural guardian" considered in action to select conservator for minor. In re Stremel, 233 Kan. 136, 138, 660 P.2d 952 (1983).
10. Person under life sentence competent to enter into contract for legal services before and after voluntary conservatorship. In re Trusteeship of Sandstrom, 236 Kan. 805, 809, 696 P.2d 958 (1985).
11. A conservatee, whether voluntary or involuntary, retains the right to decide distribution of property. In re Estate of Oliver, 23 Kan. App. 2d 510, 513, 934 P.2d 144 (1997).
Biritz v. Williams, 942 P.2d 25 (Kan. 1997). · cites it 3ד77-201 Thirty-first, the definitional section of the Kansas Statutes Annotated, provides that “incapacitated person,” wherever used in the statutes, means “disabled person” as defined in K.S.A. 59-3002. K.S.A. 59-3002 states the definition of the term “disabled person” as that…”
In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996). · cites it 2דOn January 28, 1993, the district court determined Heck to be a “disabled person” as defined in K.S.A. 59-3002(a), and appointed Archer guardian and conservator.”
Citizens State Bank & Trust Co. v. Nolte, 601 P.2d 1110 (Kan. 1979). · cites it 2דK.S.A. 59-3002 defines the term “conservator” to mean any person who has been appointed by a court of competent jurisdiction to exercise control over the estate of any person.”
In re the Conservatorship of Huerta, 41 P.3d 814 (Kan. 2002). “” K.S.A. 2001 Supp. 59-3002. The requirements concerning curators for veterans are set forth in the provisions of K.”
State v. Maxon, 79 P.3d 202 (Kan. Ct. App. 2003). “Would the State have met its burden of proving an unauthorized transfer by proving Bea fit the definition of a “disabled person” under the involuntary conservatorship statutes in effect at the time of transfer? K.S.A. 59-3002 (“ 'Disabled person’ means any adult person whose…”
Ward v. Ward, 30 P.3d 1001 (Kan. 2001). “” K.S.A. 2000 Supp. 59-3002(e). Stanley T. Ward was clearly the natural guardian of Jaclynn Ward at the time the guardianship and conservatorship proceedings were instituted in Norton County, Kansas, on January 24, 2000.”
Brice-Nash v. Brice-Nash, 615 P.2d 836 (Kan. Ct. App. 1980). · cites it 4דThe court stated: “He is, by reason of physical and mental illness and/or deficiency, an incapacitated person as defined by K.S.A. 59-3002, as he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person and estate.”
Fielder v. Howell, 631 P.2d 249 (Kan. Ct. App. 1981). “Subsequently, George became incapacitated as defined by K.S.A. 59-3002(1) and the district court appointed Aileen Howell as his guardian on April 5, 1977.”
Turner v. Turner, 637 S.W.2d 764 (Mo. Ct. App. 1982). “K.S.A. 59-3002. K.S.A. 59-3006 authorizes the district court having jurisdiction and venue to appoint a guardian for an incapacitated person who is unable to make or communicate responsible decisions concerning his or her person, or a minor, and a conservator for an adult who…”
In Re Stremel, 660 P.2d 952 (Kan. 1983). “K.S.A. 59-3002(3) defines "natural guardian" as being both parents of a legitimate child and if either parent be deceased, the survivor is the "natural guardian.”
In Re Est. of Oliver, 934 P.2d 144 (Kan. Ct. App. 1997). “Can a conservatee make testamentary decisions? The Millers first argue that since Oliver was a disabled person under K.S.A. 59-3002(a) and had a guardian and conservator involuntarily appointed for her, she lacked the required capacity to execute the 1989 will and to change the…”
Biritz v. Williams, 942 P.2d 25 (Kan. 1997). “77-201 Thirty-first, the definitional section of the Kansas Statutes Annotated, provides that “incapacitated person,” wherever used in the statutes, means “disabled person” as defined in K.S.A. 59-3002. K.S.A. 59-3002 states the definition of the term “disabled person” as that…”
Citizens State Bank & Trust Co. v. Nolte, 601 P.2d 1110 (Kan. 1979). “K.S.A. 59-3002 defines the term “conservator” to mean any person who has been appointed by a court of competent jurisdiction to exercise control over the estate of any person.”
Fielder v. Howell, 631 P.2d 249 (Kan. Ct. App. 1981). “Subsequently, George became incapacitated as defined by K.S.A. 59-3002(1) and the district court appointed Aileen Howell as his guardian on April 5, 1977.”
Brice-Nash v. Brice-Nash, 615 P.2d 836 (Kan. Ct. App. 1980). “The court stated: “He is, by reason of physical and mental illness and/or deficiency, an incapacitated person as defined by K.S.A. 59-3002, as he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person and estate.”
— K.S.A. § 59-3002(3) — 2 cases
In Re Stremel, 660 P.2d 952 (Kan. 1983). “K.S.A. 59-3002(3) defines "natural guardian" as being both parents of a legitimate child and if either parent be deceased, the survivor is the "natural guardian.”
In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996). “On January 28, 1993, the district court determined Heck to be a “disabled person” as defined in K.S.A. 59-3002(a), and appointed Archer guardian and conservator.”
In Re Est. of Oliver, 934 P.2d 144 (Kan. Ct. App. 1997). “Can a conservatee make testamentary decisions? The Millers first argue that since Oliver was a disabled person under K.S.A. 59-3002(a) and had a guardian and conservator involuntarily appointed for her, she lacked the required capacity to execute the 1989 will and to change the…”
— K.S.A. § 59-3002(e) — 1 case
Ward v. Ward, 30 P.3d 1001 (Kan. 2001). “” K.S.A. 2000 Supp. 59-3002(e). Stanley T. Ward was clearly the natural guardian of Jaclynn Ward at the time the guardianship and conservatorship proceedings were instituted in Norton County, Kansas, on January 24, 2000.”
— K.S.A. § 59-3002(f) — 1 case
In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996). “On January 28, 1993, the district court determined Heck to be a “disabled person” as defined in K.S.A. 59-3002(a), and appointed Archer guardian and conservator.”
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