History:
L. 1965, ch. 347, § 19; L. 1972, ch. 220, § 1; L. 1974, ch. 99, § 2; L. 1976, ch. 244, § 2; L. 1988, ch. 200, § 2; Repealed, L. 2002, ch. 114, § 81; July 1.
CASE ANNOTATIONS
1. Controlling as to courts construction of instrument; intent of testator determined; trust created. Schauf v. Thomas, 209 Kan. 592, 601, 498 P.2d 256.
2. Cited in holding probate court not authorized to determine ownership and distribute assets in settling conservatorship estate. In re Estate of Ingram, 212 Kan. 218, 224, 510 P.2d 597.
3. Change of payable on death beneficiary on savings bonds by mentally competent person under voluntary conservatorship valid although not court approved. Union National Bank of Wichita v. Mayberry, 216 Kan. 757, 759, 760, 761, 533 P.2d 1303.
4. 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, 447, 601 P.2d 1110.
5. Cited; circumstances rendering order approving claims voidable due to conservator's substantial conflict of interest (K.S.A. 59-1703), "other interested parties" examined. In re Conservatorship of L.M.S., 12 Kan. App. 2d 725, 729, 755 P.2d 22 (1988).
6. Cited; penalty provisions of K.S.A. 59-1704 as mandatory regardless of conservator's putative good faith examined. In re Conservatorship of Marcotte, 243 Kan. 190, 197, 756 P.2d 1091 (1988).
7. Conservator's withdrawal of funds from joint account does not terminate rights of surviving joint owner to those funds. In re Estate of Briley, 16 Kan. App. 2d 546, 548, 825 P.2d 1181 (1992).
In Re Conservatorship of Marcotte, 756 P.2d 1091 (Kan. 1988). · cites it 3דK.S.A. 59-3019 provides, in part: “A conservator shall be subject to the control and direction of the court at all times and in all things.”
In Re the Est. of Briley, 825 P.2d 1181 (Kan. Ct. App. 1992). · cites it 2דK.S.A. 1991 Supp. 59-3019. As a fiduciary, a conservator has a general duty to exercise the diligence and prudence ordinarily employed by reasonable people toward management of a conservatee’s estate.”
In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996). “a conservator *143 shall be possessed of all powers and duties of a conservator as set out in K.S.A. 59-3019 and amendments thereto.” Under this statute, letters of conservatorship cannot be issued without the conservator filing proof of the statutorily required bond.”
In Re the Conservatorship of McRoy, 861 P.2d 1378 (Kan. Ct. App. 1993). “” K.S.A. 1992 Supp. 59-3019. Our legislature has granted numerous powers to the district court to use in overseeing conservatorship estates.”
In Re the Conservatorship of L.M.S., 755 P.2d 22 (Kan. Ct. App. 1988). · cites it 2ד” K.S.A. 59-3019 provides in part: “A conservator shall be subject to the control and direction of the court at all times and in all things.”
Est. of Ingram v. Ingalls, 510 P.2d 597 (Kan. 1973). “The conservator's rights and duties generally are prescribed in K.S.A. 1972 Supp. 59-3019. K.S.A. 1972 Supp.”
Schauf v. Thomas, 498 P.2d 256 (Kan. 1972). “59-1804 (now K.S.A. 1971 Supp. 59-3019) are considered and read carefully in connection with the provisions set forth in the testatrix’ will, viewed as nearly as possible in the position of the testatrix when she executed the will, it is apparent the testatrix’ use of the…”
— K.S.A. § 59-3019(7) — 1 case
In Re Conservatorship of Marcotte, 756 P.2d 1091 (Kan. 1988). “K.S.A. 59-3019 provides, in part: “A conservator shall be subject to the control and direction of the court at all times and in all things.”
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.