KANSAS STATUTES AND CODES

59-3082. Claims against conservatee's estate; petition; contents; notice; hearing; order for payment.

59-3082

Chapter 59.--PROBATE CODE Article 30.--GUARDIANS OR CONSERVATORS

59-3082. Claims against conservatee's estate;petition; contents; notice; hearing; order for payment.(a) Any person having a claim for payment against theconservatee or theconservatee's estate, other than for any tort for which the claimant has notbeen awarded judgment,or any person having a claim for payment for any goods or services provided tothe conservatee orthe conservatee's estate by the claimant in reliance upon actions or theauthority of the conservator,may file with the court a verified petition requesting payment for such. Thepetition shall include:

(1) The petitioner's name and address;

(2) the conservator's name and address;

(3) the amount of the claim, and the factual basis upon which the petitionermakes this claim;

(4) a statement that demand for payment of the claim has been made upon theconservator,but that the conservator refuses or has failed to pay the claim; and

(5) a request that the court determine that the claim is owed to thepetitioner, and for an orderof the court directing the conservator to pay the claim.

(b) Upon the filing of such a petition, the court shall issue an order fixingthe date, time andplace of a hearing on the petition. The court shall require the petitioner togive notice of this hearingto the conservator and to such other persons as the court may direct. Thecourt may appoint anattorney to represent the conservatee in this matter similarly as provided forin subsection (a)(3) of K.S.A. 59-3063,and amendments thereto.

(c) At the completion of the hearing, if the court finds, by a preponderanceof the evidence,that the petitioner is owed the claim, or some part thereof, the court shallissue an order to theconservator to pay the same from the conservatee's estate, or to pay so much ofthe claim as the courtallows, and to include such in the conservator's next report and accounting.Otherwise, the courtshall deny the petitioner's request.

History: L. 2002, ch. 114, § 33; July 1.