History:
L. 1965, ch. 347, § 10; L. 1967, ch. 320, § 2; L. 1976, ch. 242, § 91; L. 1983, ch. 191, § 7; L. 1994, ch. 243, § 2; L. 1996, ch. 167, § 57; Repealed, L. 2002, ch. 114, § 81; July 1.
CASE ANNOTATIONS
1. Procedure considered in action involving application for selection of guardian and conservator for minor. In re Stremel, 233 Kan. 136, 139, 140, 660 P.2d 952 (1983).
2. Cited in holding incapacitated parent entitled to service on guardian and conservator (K.S.A. 60-304(c)) in severance proceedings. In re Baby Boy Bryant, 9 Kan. App. 2d 768, 773, 774, 689 P.2d 1203 (1984).
3. Chapter 59 as containing no procedures for notice of contested guardian ad litem fees noted; rules in civil cases apply. In re Guardianship of K.M.W., 13 Kan. App. 2d 640, 646, 777 P.2d 1274 (1989).
4. Provisions of statute mandatory not directory; noncompliance deprives court of jurisdiction to convert limited letters into full powers. In re Guardianship and Conservatorship of Fogle, 17 Kan. App. 2d 357, 362, 837 P.2d 842 (1992).
5. District court is not prohibited from approving conservator's disbursements and accounting solely because bond untimely filed. In re Guardianship & Conservatorship of Heck, 22 Kan. App. 2d 135, 144, 913 P.2d 213 (1996).
In re the Guardianship & Conservatorship of Fogle, 837 P.2d 842 (Kan. Ct. App. 1992). · cites it 8דThe district court, pursuant to K.S.A. 59-3010, issued preliminary orders setting a hearing date, appointing an attorney for Fogle, and ordering Fogle to consult with his attorney.”
Ward v. Ward, 30 P.3d 1001 (Kan. 2001). · cites it 3דed conservatee, if known to the petitioner; (5) die names and addresses of witnesses by whom the trudi of the petition may be provided; (6) the reasons for the need for the appointment of a guardian or conservator, or both; (7) a request that the court make a determination that…”
In Re Stremel, 660 P.2d 952 (Kan. 1983). · cites it 5דK.S.A. 59-3010 provides that unless the application is filed by the minor's next friend or by the natural guardian, the application shall not be heard earlier than seven days nor later than fourteen days from the date of the filing of the application.”
In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996). · cites it 2דThis court, in Fogle, held that failure to comply with the notice requirements of K.S.A. 59-3010 "deprives the court of jurisdiction over the person of the proposed ward and/or conservatee” and failure to give notice rendered the court’s subsequent rulings void for lack of…”
In the Interest of Baby Boy Bryant, 689 P.2d 1203 (Kan. Ct. App. 1984). “We note that to appoint a guardian for a disabled person it is necessary, among other things, to give notice of hearings as required by K.S.A. 59-3010 and 59-3011, and those notices shall be served on the proposed ward, the attorney for the proposed ward and the guardian or…”
Mason v. Dome, 660 P.2d 952 (Kan. 1983). · cites it 5דK.S.A. 59-3010 provides that unless the application is filed by the minor’s next friend or by the natural guardian, the application shall not be heard earlier than seven days nor later than fourteen days from the date of the filing of the application.”
In re Conservatorship & Guardianship of Spencer (Kan. Ct. App. 2021). · cites it 2דIn Fogle, the court held a hearing in May 1990 and appointed a limited guardian and limited co-conservators for the 89-year-old Fogle.”
In re the Guardianship & Conservatorship of K.M.W., 777 P.2d 1274 (Kan. Ct. App. 1989). · cites it 2ד59-3012 and amendments thereto, except that the court need not issue the order for mental evaluation pursuant to subsection (a)(6) of K.S.A. 59-3010 and amendments thereto, if such order has previously been issued and the court shall not determine the suitability of nor appoint…”
— K.S.A. § 59-3010(B) — 2 cases
In Re Stremel, 660 P.2d 952 (Kan. 1983). “K.S.A. 59-3010 provides that unless the application is filed by the minor's next friend or by the natural guardian, the application shall not be heard earlier than seven days nor later than fourteen days from the date of the filing of the application.”
Mason v. Dome, 660 P.2d 952 (Kan. 1983). “K.S.A. 59-3010 provides that unless the application is filed by the minor’s next friend or by the natural guardian, the application shall not be heard earlier than seven days nor later than fourteen days from the date of the filing of the application.”
— K.S.A. § 59-3010(a) — 1 case
In re the Guardianship & Conservatorship of Fogle, 837 P.2d 842 (Kan. Ct. App. 1992). “The district court, pursuant to K.S.A. 59-3010, issued preliminary orders setting a hearing date, appointing an attorney for Fogle, and ordering Fogle to consult with his attorney.”
— K.S.A. § 59-3010(a)(1) — 1 case
In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996). “This court, in Fogle, held that failure to comply with the notice requirements of K.S.A. 59-3010 "deprives the court of jurisdiction over the person of the proposed ward and/or conservatee” and failure to give notice rendered the court’s subsequent rulings void for lack of…”
— K.S.A. § 59-3010(a)(3) — 1 case
In re the Guardianship & Conservatorship of K.M.W., 777 P.2d 1274 (Kan. Ct. App. 1989). “59-3012 and amendments thereto, except that the court need not issue the order for mental evaluation pursuant to subsection (a)(6) of K.S.A. 59-3010 and amendments thereto, if such order has previously been issued and the court shall not determine the suitability of nor appoint…”
— K.S.A. § 59-3010(b) — 1 case
Ward v. Ward, 30 P.3d 1001 (Kan. 2001). “ed conservatee, if known to the petitioner; (5) die names and addresses of witnesses by whom the trudi of the petition may be provided; (6) the reasons for the need for the appointment of a guardian or conservator, or both; (7) a request that the court make a determination that…”
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