History:
L. 1965, ch. 347, § 9; L. 1967, ch. 320, § 1; L. 1976, ch. 242, § 90; L. 1983, ch. 191, § 6; L. 1986, ch. 213, § 2; L. 1994, ch. 243, § 1; L. 1996, ch. 77, § 1; L. 2000, ch. 171, § 77; Repealed, L. 2002, ch. 114, § 81; July 1.
CASE ANNOTATIONS
1. Premature appeal from order to amend petition in conformity with this section. In re Austin, 200 Kan. 92, 93, 435 P.2d 1.
2. Ward's presence within state confers subject matter jurisdiction. In re Miller, 228 Kan. 606, 607, 608, 610, 611, 620 P.2d 800.
3. Attorney fees allowed where guardianship petition filed at request of proposed ward. In re Miller, 5 Kan. App. 2d 246, 249, 251, 252, 257, 616 P.2d 287.
4. Kansas has jurisdiction to appoint guardian for person within state even though foreign jurisdiction previously exercised jurisdiction; question of comity. In re Miller, 5 Kan. App. 2d 246, 249, 251, 252, 257, 616 P.2d 287.
5. Mentioned concerning appointment of conservator. In re Conservatorship of Hatfield, 231 Kan. 427, 646 P.2d 481 (1982).
6. Jurisdiction determined in action for selection of guardian and conservator of minor. In re Stremel, 233 Kan. 136, 138, 141, 143, 660 P.2d 952 (1983).
7. Distinctions in venue between guardianship proceedings and conservatorship proceedings examined. Venue in combined proceedings noted. In re Guardianship of K.M.W., 13 Kan. App. 2d 640, 643, 777 P.2d 1274 (1989).
8. Noted in holding provisions in K.S.A. 59-3010 mandatory not directory thus requiring compliance for jurisdiction regarding guardianship/conservatorship. In re Guardianship and Conservatorship of Fogle, 17 Kan. App. 2d 357, 361, 837 P.2d 842 (1992).
9. Death of conservatee does not immediately divest district court of subject matter jurisdiction in conservatorship proceeding. In re Guardianship & Conservatorship of Heck, 22 Kan. App. 2d 135, 140, 913 P.2d 213 (1996).
Ward v. Ward, 30 P.3d 1001 (Kan. 2001). · cites it 4ד*21 The provision of greatest interest is K.S.A. 1999 Supp. 59-3009, which relates to the contents of the application for the appointment of a guardian or conservator.”
In Re Stremel, 660 P.2d 952 (Kan. 1983). · cites it 5דK.S.A. 59-3009 provides that any person may file a verified application for appointment of a guardian in the county of the residence or presence of the proposed ward and any person may file an application for appointment of a conservator in the county of the residence of the…”
In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996). · cites it 2דOn January 14, 1993, due to the hospitalization of Heck and his comatose state, Archer filed a petition for appointment of guardian and conservator pursuant to K.S.A. 59-3009. Notice was given to Heck through court-appointed counsel and to Heck’s adult children, including Ralph,…”
In Re the Guardianship & Conservatorship of Miller, 620 P.2d 800 (Kan. 1980). · cites it 12דMiller in Shawnee County on March 9, 1978, under K.S.A. 59-3009 et seq. The petition alleged that "Frederick J.”
In Re the Guardianship & Conservatorship of Miller, 620 P.2d 800 (Kan. Ct. App. 1980). · cites it 8דThe Nebraska guardian and conservator first challenges the jurisdiction of the Kansas court to entertain a guardianship proceeding, since the court relied solely on Miller’s presence in Shawnee County for jurisdiction (K.S.A. 59-3009). It is important to note that we are not…”
In re the Guardianship & Conservatorship of Fogle, 837 P.2d 842 (Kan. Ct. App. 1992). · cites it 2ד59-3010(a), specifically (2) and (6), which state: “Upon the filing of the petition provided for in K.S.A. 59-3009 and amendments thereto: (а) When the proposed ward or proposed conservatee is alleged to be a disabled person, the district court shall issue the following: (2) An…”
Mason v. Dome, 660 P.2d 952 (Kan. 1983). · cites it 5דK.S.A. 59-3009 provides that any person may file a verified application for appointment of a guardian in the county of the residence or presence of the proposed ward and any person may file an application for appointment of a conservator in the county of the residence of the…”
Hatfield v. Hatfield, 646 P.2d 481 (Kan. 1982). “After the motorcycle accident, when it became apparent David could no longer handle his own affairs, his brother Larry Hatfield petitioned the court for conservatorship pursuant to K.S.A. 59-3009. The court entered an order appointing Larry conservator on October 3, 1980.”
In re the Guardianship & Conservatorship of K.M.W., 777 P.2d 1274 (Kan. Ct. App. 1989). · cites it 2דFurther, K.S.A. 1988 Supp. 59-3009, which is a procedural statute as opposed to one specifically dealing with venue, makes the same distinction as to where an action for guardianship may be filed as compared to one for conservatorship: “Any person may file in the district court…”
— K.S.A. § 59-3009(B)(2) — 2 cases
In Re Stremel, 660 P.2d 952 (Kan. 1983). “K.S.A. 59-3009 provides that any person may file a verified application for appointment of a guardian in the county of the residence or presence of the proposed ward and any person may file an application for appointment of a conservator in the county of the residence of the…”
Mason v. Dome, 660 P.2d 952 (Kan. 1983). “K.S.A. 59-3009 provides that any person may file a verified application for appointment of a guardian in the county of the residence or presence of the proposed ward and any person may file an application for appointment of a conservator in the county of the residence of the…”
— K.S.A. § 59-3009(b) — 1 case
Ward v. Ward, 30 P.3d 1001 (Kan. 2001). “*21 The provision of greatest interest is K.S.A. 1999 Supp. 59-3009, which relates to the contents of the application for the appointment of a guardian or conservator.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.