Kansas Probate Forms
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Kansas
These basic instructions for conservators were prepared by the Guardianship and Conservatorship Advisory Committee of the Kansas Judicial Council. After their original publication in January 2009, the instructions were revised and updated in June 2015 and agin in 2017. The instructions constitute the basic instructional program concerning the duties and responsibilities of a conservator required by K.S.A. 59-3069(j). After reading these instructions, a proposed conservator should sign the affidavit of completion at the end of this booklet and file it with the court as evidence of completion of the basic instructional program.
Kansas
These basic instructions for guardians were prepared by the Guardianship and Conservatorship Advisory Committee of the Kansas Judicial Council. After their original publication in January 2009, the instructions were revised and updated in June 2015 and again in 2017. The instructions constitute the basic instructional program concerning the duties and responsibilities of a guardian required by K.S.A. 59-3069(j). After reading these instructions, a proposed guardian should sign the affidavit of completion at the end of this booklet and file it with the court as evidence of completion of the basic instructional program.
Kansas
These basic instructions for guardians and conservators were prepared by the Guardianship and Conservatorship Advisory Committee of the Kansas Judicial Council. After their original publication in January 2009, the instructions were revised and updated in June 2015 and again in 2017. The instructions constitute the basic instructional program concerning the duties and responsibilities of a guardian and conservator required by K.S.A. 59-3069(j). After reading these instructions, a proposed guardian or conservator should sign the affidavit of completion at the end of this booklet and file it with the court as evidence of completion of the basic instructional program.
Kansas
1001
This set of forms would not often be used in joint tenancy situations unless there is a controversy. Other simpler proceedings are available in situations that are not controversial. The forms may also be adapted to be used to terminate life estates. The Petition may be filed in any county where the real estate, or part of it, is situated or in the county of residence of the decedent. This form can be filed anytime after death.
Kansas
1006
This form is to be filed after the Notice of Hearing for Termination of Estate in Joint Tenancy. Upon entry, the order or decree, unless appealed as provided by law within 30 days from the date served, shall be conclusive of the facts found as to all purchasers, encumbrances or lienors of such real or personal property acquiring their titles, encumbrances or liens in good faith, relying on this decree.
Kansas
101
This procedure is useful when estate planning devices such as joint tenancy or inter vivos trusts have been used. K.S.A. 59-618a was amended in 2016 to remove restrictions that allowed the protective filing of a will only if the decedent’s probate estate contained no known real or personal property or the value of the property was less than the total of all known demands.
Kansas
11
A death certificate from proper federal, state or local vital statistics authorities, a certificate of death signed and sworn by the funeral director who conducted the funeral or an affidavit of death from some responsible person who knows the facts are all acceptable to show title to the survivor. The certificate or affidavit must be recorded in the office of the Register of Deeds of the county where the land is situated. In addition, before the title is marketable, six months must elapse.
Kansas
1101
Except pursuant to K.S.A. 59-2239(2), the petition may be filed only after filing of Petition for Appointment of Executor or Administrator, or after the appointment of either. Adequate and proper showing must be made as to the necessity for Special Administration. A request for appointment of Special Administrator may be included in Petition for Appointment of Executor or Administrator by including the appropriate allegations.
Kansas
1102
The Petition must be set for hearing, but may be heard immediately, unless the Court requires notice.
Kansas
1103
This order can be filed anytime after the hearing. If bond is required, see K.S.A. 59-1101 and K.S.A. 59-1102.
Kansas
1104
This form should be filed prior to issuance of Letters of Special Administration. The oath should contain specific language of statute.
Kansas
1105
This form should be filed prior to issuance of Letters. If required, bond must be approved and filed before Letters of Special Administration can be granted. Where corporate surety bond is filed, no verification of surety is necessary. See Form 608, generally.
Kansas
1106
This form should be filed as soon as the oath and bond, if required, are approved. Letters shall enumerate specific duties, if any, which Special Administrator is authorized to perform.
Kansas
1107
This form should be filed when the need for special administration has expired. Other accountings must be filed upon the order of the court. A copy of the accounting may be provided the Special Administrator's surety or the company writing the surety bond. Although a formal notice of hearing on the Petition for Order Approving Accounting and Closing Special Administration is not required by statute, the Court may direct that such notice be given pursuant to K.S.A. 59-2208. If fees are to be allowed, it is considered to be the better practice that the Order for Hearing direct notice be given and proof of service be made.
Kansas
1109
The Order Approving Accounting and Closing Special Administration should approve the accounting; allow fees and grant authority to pay them; direct the disposition of the assets; and close the Special Administration.
Kansas
1110
This form should be filed prior to the Order Discharging Special Administrator. Before discharge, the Special Administrator should file receipts showing compliance with the Order Approving Accounting and Closing Special Administration.
Kansas
1111
This form should be filed whenever the receipts are filed and the Order Closing Special Administration has been complied with in other respects. The Order should contain a release of the surety, if applicable.
Kansas
1201
Demands must be exhibited by filing Petition for Allowance of Demand within four months after the first published notice to creditors. If Petitioner is not a corporation, an appropriate form of verification should be used, see Form 503. If the demand is a demand not due pursuant to K.S.A. 59-2240, or a contingent demand pursuant to K.S.A. 59-2241, that allegation should be made in the petition. Any demand not exceeding $5,000, other than a demand by the executor or administrator, duly itemized and verified and which is timely filed, may be paid by the executor or administrator without compliance with any of the provisions of this act relating to petition, notice of hearing, allowance.by.the.court.or.otherwise.
Kansas
1205
If it is desired that the allowed demands be paid prior to the expiration of the nonclaim period, payment should be so ordered by the Court and the requirement and terms of the bond, if any,.should.be.stated.
Kansas
1301
The Application may be made any time after the Inventory and Valuation is filed, and may be heard with or without notice. The amount of the spouse's allowance is to be determined by the Court based upon the condition of the estate, subject to a statutory maximum of $50,000. If minor children not living with the surviving spouse are involved, the Court may apportion the allowance pursuant to K.S.A. 59-403 and a guardian ad litem should be appointed prior to the hearing (See Forms 518 to 522).
Kansas
1305
The Order will usually issue on the day of the hearing. The amount of the spouse's allowance is to be determined by the Court based upon the condition of the estate, subject to a statutory maximum of $50,000.
Kansas
1306
Although payment and distribution is made in accordance with the Order of the Court, a receipt or other evidence of payment must be filed.
Kansas
1401
The homestead should not be set aside until after the Inventory and Valuation is filed. If the surviving spouse elects to receive a homestead allowance of $50,000 in lieu of receiving the homestead, see Forms 1411 through 1415.
Kansas
1411
The homestead or homestead allowance should not be set aside until after the Inventory and Valuation is filed. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.
Kansas
1415
The Order will usually issue on the day of the hearing.
Kansas
1501
This petition can be filed whenever necessary or desirable under K.S.A. 59-1407 and may be heard with or without notice. If a will authorizes the fiduciary to sell property, the executor may exercise such power without order of the court and this form is not necessary. In a testate estate, the petition should contain an allegation in compliance with K.S.A. 59-1405.
Kansas
1505
Order may be issued without notice, on filing of petition, or with notice at such time as the Court may order. No sale of personal property shall be made at private sale for less than three-fourths of the valuation pursuant to K.S.A. 59-1201 or in the event of appraisal, the appraised value pursuant to K.S.A. 59-1202.
Kansas
1506
The report must be made within 30 days of the sale. This report may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.
Kansas
1511
This petition can be filed whenever necessary or desirable under K.S.A. 59-1407, and may be heard with or without notice. If a will authorizes the fiduciary to sell property, executor may exercise such power without order of the court and this form is not necessary. In a testate estate, the petition should contain an allegation in compliance with K.S.A. 59-1405.
Kansas
1515
Order may be issued without notice, on filing of petition, or with notice at such time as the Court may order.
Kansas
1516
The notice shall be published once not less than ten days before the sale in the county where the sale is to be held. In order to get maximum benefit of advertising, some attorneys embody the contained information in a "block type advertisement."
Kansas
1518
The report shall be made within 30 days of the sale. If a clerk was employed for such sale, a sale bill signed by the clerk should accompany the report. This report may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.
Kansas
1601
This petition can be filed whenever necessary under K.S.A. 59-1410. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.
Kansas
1608
The Order will usually issue on the date fixed in the Notice. The Order must specify the time of payment, the interest on deferred payment and the manner in which payment shall be secured. In no case shall the payment be deferred for more than one year from the date of the qualification of the executor or the administrator making the sale. The requirement of additional bond is discretionary with the court and may be required in the Order to Sell.
Kansas
1609
The notice shall be published once a week for three consecutive weeks. If the tracts to be sold are contiguous and lie in more than one county, notice may be given and the sale made in either of such counties.
Kansas
1611
This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.
Kansas
1613
The Order may issue at any time after the filing of the Report.
Kansas
1621
This petition can be filed whenever necessary under K.S.A. 59-1410. A sale of real estate at private sale cannot be concluded on a valuation under K.S.A. 59- 1202 or 59-1203, but only on an independent appraisal under either 59-1202 or 59-2307. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.
Kansas
1629
A report of the appraisers must be filed before or simultaneously with the Report and Confirmation of Sale of Real Estate at Private Sale. An unsworn certificate pursuant to K.S.A. 53-601 may be used as an alternative to this sworn certificate form.
Kansas
1630
If any financial or blood relationship exists, such facts should be covered by an appropriate allegation in the petition (allegation 6) with corresponding approval in the Court's decree. See K.S.A. 59-1703.
Kansas
1632
The Order may issue at any time after the filing of the Report.
Kansas
1641
This report should be filed before Petition for Sale at Private Sale. One or more, but not to exceed three, appraisers is required. The appraisers named by the Administrator shall be approved by the Court unless good cause is shown why they should not be approved. If real estate has been appraised (not valuated) within six months, no new appraisal is required, unless ordered by the court.
Kansas
1643
This order will issue after the hearing.
Kansas
1645
This petition can be filed whenever necessary under K.S.A. 59-1410. If details of the proposed transaction are included in this petition and in the notice, and other requirements of K.S.A. 59-2305(f) are met, the Order for Sale can confirm the sale and no report or additional confirmation is necessary. A copy of the contract of proposed sale can be attached to this petition instead of setting out the details of the proposed sale in allegation 6.
Kansas
1647
If confirmation of the proposed transaction as a part of the Court's Order for Sale is desired, details of the proposed transaction must be included in the notice as well as the petition. If this is done and the other requirements of K.S.A. 59-2305(f) are met, no further report of sale or confirmation of sale is required.
Kansas
1652
The Order will usually issue on the date fixed in the Notice. The Order must specify the time of payment, the interest on deferred payment and the manner in which payment shall be secured. In no case shall the payment be deferred for more than one year from the date of the qualification of the executor or the administrator making the sale. The requirement of additional bond is discretionary with the court and may be required in the Order to Sell. If any blood or financial relationship or other conflict of interest exists, such facts should be covered by an appropriate finding in the order (finding 9), K.S.A. 59-1703.
Kansas
1701
This notice can be filed either before or after the filing of a Petition for Elective Share of Surviving Spouse. A payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice from the surviving spouse or surviving spouse's personal representative. The written notice of intention to file a petition for the elective share or that a petition for elective share has been filed must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. The notice of intention to file should be additionally served on any fiduciary, heir, devisee or legatee.
Kansas
1702
This affidavit should be filed Prior to hearing on Petition for Elective Share of Surviving Spouse. The notice must be mailed to the payor's or other third party's main office or house by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. An unsworn declaration pursuant to K.S.A. 53-601 may be used as an alternative to this affidavit form.
Kansas
1703
This petition can be filed within six months after decedent's death (unless an extension is granted) or within six months after notice of the right to the elective share pursuant to K.S.A. 59-2233, whichever is later.
Kansas
1705
As ordered by the court. A copy of the petition, any attachments to the petition, and other appropriate papers should be included.
Kansas
1706
A copy of the petition, any attachments to the petition, and other appropriate papers should be included.
Kansas
1707
Must be filed prior to Notice of Hearing for Elective Share. A copy of the petition, any attachments to the petition, and other appropriate papers should be included. An unsworn declaration pursuant to K.S.A. 53-601 may be used as an alternative to this affidavit form.
Kansas
1708
The order will issue after the hearing on Petition for Elective Share of Surviving Spouse. This order shows an instance when judgment is granted against recipients of decedent's property. In some estates there will be sufficient estate assets to satisfy the balance due to the surviving spouse. If notice were given that property was being held by third party payors, this order would direct their payment of the funds held, or they may have previously paid the funds in such manner as to be relieved of further responsibility.
Kansas
1801
Forms 1801-1803 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to a catalogue of the user’s electronic communications or other digital assets. Forms 1801-1803 are intended for use where the personal representative is seeking access to the catalogue of electronic communications or to other digital assets. If the personal representative is seeking disclosure of the content of electronic communications, Forms 1804-1806 should be used.
Kansas
1802
Forms 1801-1803 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to a catalogue of the user’s electronic communications or other digital assets. Forms 1801-1803 are intended for use where the personal representative is seeking access to the catalogue of electronic communications or to other digital assets. If the personal representative is seeking disclosure of the content of electronic communications, Forms 1804-1806 should be used.
Kansas
1803
Forms 1801-1803 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to a catalogue of the user’s electronic communications or other digital assets. Forms 1801-1803 are intended for use where the personal representative is seeking access to the catalogue of electronic communications or to other digital assets. If the personal representative is seeking disclosure of the content of electronic communications, Forms 1804-1806 should be used.
Kansas
1804
Forms 1804-1806 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to the content of a user’s electronic communications. Forms 1804-1806 are intended for use where the personal representative is seeking access to the content of electronic communications. If the personal representative is only seeking disclosure of the catalogue of electronic communications or other digital assets, Forms 1801-1803 should be used.
Kansas
1805
Forms 1804-1806 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to the content of a user’s electronic communications. Forms 1804-1806 are intended for use where the personal representative is seeking access to the content of electronic communications. If the personal representative is only seeking disclosure of the catalogue of electronic communications or other digital assets, Forms 1801-1803 should be used.
Kansas
1806
Forms 1804-1806 are intended for use when a custodian requests that a personal representative obtain a court order before the custodian allows access to the content of a user’s electronic communications. Forms 1804-1806 are intended for use where the personal representative is seeking access to the content of electronic communications. If the personal representative is only seeking disclosure of the catalogue of electronic communications or other digital assets, Forms 1801-1803 should be used.
Kansas
201
The Petition can also be brought on behalf of minor children if there is no surviving spouse. In the statute relating to refusal to grant letters of administration no distinction is made between intestate and testate estates. If refusal of letters of administration is appropriate in a testate situation, the will should be delivered with the petition pursuant to K.S.A. 59-621. If in a testate situation it is desirable to comply with K.S.A. 59-617, the petition must so allege and proper notice must be given.
Kansas
206
The Court can order an appraisal, if necessary. If other property is found, or if it is found that the value of the decedent's property exceeded the total of exempt property and allowances permitted, an Order Setting Aside Refusal to Grant Letters of Administration could be prepared.
Kansas
208
This order shall be made without notice, unless the Court otherwise orders. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 503 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.
Kansas
210
This Order shall be made without notice, unless the Court otherwise orders. A statement that neither the decedent nor a predeceased spouse of the decedent received medical assistance under subsection (e) of K.S.A. 39-709, or the laws of any other state, or, in the event that such assistance was received by the decedent or a predeceased spouse of the decedent under K.S.A. 39-709(e), or the laws of any other state, that the state making such payments was duly notified of the filing of the petition is required by K.S.A. 59-2222.
Kansas
2101
The following information is provided to answer common questions concerning mental illness cases. It is not intended to serve as legal advice in your particular case. You are encouraged to consult with your own attorney if you have any questions the county or district attorney’s office cannot answer for you.
Kansas
2102
This form is to be attached to a Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment. It is one not normally prepared by counsel. Following the practices established under mental health reform, this certificate, in this pre-printed format, will be provided by the local community mental health center following a preliminary evaluation conducted by staff from that center.
Kansas
2103
In conducting a preliminary screening of a patient, the QMHP will complete a standardized screening assessment form prepared by the Department for Aging and Disability Services. Due to its length and the inability to reproduce it legibly, a copy of the form is not included here. The 6-page, multi-copy form includes such information as the patient’s identifying data, presenting problem, treatment history, and alcohol and drug history; and the QMHP’s clinical impressions of the patient, assessment of the patient’s suicidal or homicidal risk, and diagnosis. The form also includes information about existing support systems, Medicaid pre- admission criteria, mental health reform screening disposition, and resources for diverting the patient to other treatment options. A copy of the form is available at any participating community mental health center.
Kansas
2104
This form is an alternative to Form 2102, Certificate of a Physician, Psychologist, or a Designated Qualified Mental Health Professional. A copy of one of the forms must be filed with the petition. An unsworn declaration pursuant to K.S.A. 53-601 may be used as an alternative to this affidavit form.
Kansas
2105
This form is not one which will be prepared by counsel. It can be obtained only from a participating community mental health center. It will be provided only after the mental health reform screening process is completed by a Qualified Mental Health Professional employed at the center. It is documentation of the determination by the mental health center’s staff that locally available treatment resources are insufficient to meet the needs of that patient for the particularly identified services. No patient may be admitted to a state psychiatric hospital without first being screened at a participating local community mental health center and being provided this “ticket letter” form. This requirement is applicable to both voluntary and involuntary admissions. A copy of the form will be sent directly to the state hospital and staff from the mental health center will arrange and coordinate the admission.
Kansas
2111
This form is not one which will be prepared by counsel. This “Application for Emergency Admission For Observation and Treatment” or one similar to it, is the form necessary to admit a person involuntarily for mental health treatment on an emergency basis to a state psychiatric hospital. Pursuant to the provisions of K.S.A. 59-2953(a) or 59-2954(c)(7), the application must be supported by the attachment of Form 2102 “Certificate of a Physician, Psychologist, or a Designated Qualified Mental Health Professional” or something similar, and, in any case where admission to a state psychiatric hospital is sought, this application must be accompanied by Form 2105 “Statement from a Qualified Mental Health Professional Authorizing Admission to a State Psychiatric Hospital.” This documentation, the applicant’s statements contained within the application form, along with the signature of the applicant, serve as the legal basis upon which the treatment facility may involuntarily detain and begin treatment of the patient
Kansas
2112
This form is not one which will be prepared by counsel. This “Application for Emergency Admission For Observation and Treatment” or one similar to it, is the form necessary to admit a person involuntarily for mental health treatment on an emergency basis to a treatment facility other than a state hospital. Pursuant to the provisions of K.S.A. 59-2953(a) or 59-2954(c)(7), the application must be supported by the attachment of Form 2102 “Certificate of a Physician, Psychologist, or a Designated Qualified Mental Health Professional” or something similar, and, in any case where admission to a state psychiatric hospital is sought, this application must be accompanied by Form 2105 “Statement from a Qualified Mental Health Professional Authorizing Admission to a State Psychiatric Hospital.” This documentation, the applicant’s statements contained within the application form, along with the signature of the applicant, serve as the legal basis upon which the treatment facility may involuntarily detain and begin treatment of the patient
Kansas
2113
This form is not one which will be prepared by counsel. This notice, or one similar to it, is the form by which a treatment facility complies with the requirement in K.S.A. 59-2955(a)(2). K.S.A. 59-2955(a)(2) requires as soon as the facility has knowledge of responsible parties of a patient, that the facility notify them of the patient’s whereabouts and status. The purpose of this requirement is to reunite persons with their family or guardian when they have become separated, either as a result of the patient’s mental illness or by the patient’s being taken into custody. A treatment facility may revise this “generic” form and create its own version. Treatment facilities are also invited to reprint and use this format, but are not required to do so. It is also possible a treatment facility may not utilize so formal a means of providing this written notice. A letter or an excerpt from the patient’s treatment records may in some manner substitute for this form.
Kansas
2121
The Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment for Care and Treatment and the Petition for Temporary Custody Order may be filed in separate pleadings. This combined form should be used under the circumstances when a person has been taken into custody and placed into a treatment facility or is going to be taken to a treatment facility for inpatient evaluation. A combined form including a Petition for Temporary Custody Order is not needed when the patient remains at liberty prior to the hearing set out in K.S.A. 59-2960(a)(1). In that case, the bracketed material at paragraph 11 may be omitted.
Kansas
2122
This form may be used to confirm continued detention of the patient or to order the patient transported and detained. Admission to other than a state facility is contingent upon the facility’s willingness to accept the patient. K.S.A. 59-2957(d)(3). The order expires at 5:00 p.m. on the second day the district court is open for the transaction of business after the date of its issuance. In computing time, the day of the filing is excluded as are Saturdays, Sundays and legal holidays. A transportation order may also be found at Form 2187.
Kansas
2123
K.S.A. 59-2963 lists persons to whom the notice is sent and lists the persons who may be ordered to serve the patient. Although this form contemplates the hearing will be held in the Courthouse, some jurisdictions hold the hearing at the treatment facility. In this form, the trial is set for the 14th day after the date of the filing of the petition. Trials must be held not sooner than the 7th day or later than the 14th day.
Kansas
2125
The list of names and addresses will vary depending upon the case and depending upon the order or notice to be served. Note that, in this example, Betsy Doe does not have a legal guardian and her closest relative is already receiving notice because he is the petitioner, Bob Doe. This form may also be modified to reflect that service is by facsimile rather than by mail. If service is by facsimile, the receiving party’s fax number should be listed in the appropriate column. An unsworn declaration pursuant to K.S.A. 53-601 may be used as an alternative to this affidavit form.
Kansas
2126
This is a combined Temporary Custody Order and Transportation Order. A separate Transportation Order may be used. See Form 2187. Admission to other than a state facility is contingent upon the facility’s willingness to accept the patient. The bracketed material provides alternatives if a facility will not accept a patient and if the patient is to be transported.
Kansas
2129
A demand for jury trial must be filed at least four days prior to the time set for trial.
Kansas
2130
If the continuance is requested by the patient, there is no requirement that good cause be shown. Good cause is required if the continuance is sought by the petitioner. The continuance is limited to seven days unless made by the patient or the patient is absenting himself or herself. If the continuance is for the purpose of holding a jury trial, it may be for up to 30 days from the date the demand for jury trial is filed. This form may be amended by changing “continuance” to “advancement.” See also Form 2170, Petition for Advancement of Review Hearing.
Kansas
2132
A statement from a Qualified Mental Health Professional is required prior to admission to a state psychiatric hospital. Any order for treatment in a facility other than a state psychiatric hospital is conditioned upon consent of the head of that facility. The treatment facility must file its report summarizing the treatment provided not later than 14 days before the date set for trial. This form may be adapted for use in cases in which there was a jury trial.
Kansas
2133
Outpatient treatment with participating mental health centers is being used extensively and the conditions that are appropriate for each individual patient may vary. Any order for outpatient treatment in a facility other than a participating community mental health center is conditioned upon consent of the head of that facility. This form may be adapted for use in cases in which there was a jury trial.
Kansas
2134
This form may also be used with K.S.A. 59-2959(d)(3) and 59-2962. The form may be adapted for use in cases in which there was a jury trial.
Kansas
2141
A request for continuance and referral is a common resolution of the patient’s need for treatment. Successive orders of continuance and referral are acceptable. Requests for continuance and referral to an outpatient status, with appropriate conditions, may also be considered. A statement from a qualified mental health professional is required prior to admission to a state psychiatric hospital. An order of referral for short term treatment in a treatment facility other than a state psychiatric hospital is conditioned upon the consent of the head of the treatment facility to accept the patient.
Kansas
2143
The trial upon the petition is continued to a date certain subject to a subsequent order of the court. A good cause or jury demand continuance could extend the date beyond the trial date. If the referral is for outpatient treatment, the conditions set in Form 2133 should be added to the order.
Kansas
2144
The attorney for the patient must consult with the patient prior to the date for requesting jury trial. The report that triggers the issuance of this notice is the one found at Form 2161. The court may issue an additional order that, for good cause shown, the report is not to be made available to the patient.
Kansas
2151
The majority of the time the combined petition set out in Form 2121 will be used. This form will be used if the Ex Parte Emergency Custody Order was not requested when filing the Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment for Care and Treatment. Typically, an Ex Parte Emergency Custody Order is not initially requested when a patient’s behavior does not warrant immediate custody or the patient cannot be taken into custody at the time of the filing of the Petition. If later, but before the trial set out in K.S.A. 59-2965, the patient is found or it is determined that the patient needs immediate hospitalization, then this petition should be filed requesting the Ex Parte Emergency Custody Order (Form 2152). Under these circumstances it would be appropriate to file the Petition for a Temporary Custody Order (Form 2153) when filing this petition. This petition and the Petition for a Temporary Custody Order contain similar information and may be combined.
Kansas
2152
This form may be used to order the patient be taken into custody, transported and detained upon the filing of the Petition for Ex Parte Emergency Custody Order. Admission to other than a state psychiatric facility is contingent upon the facility’s willingness to accept the patient. The date of the expiration of this order shall be in accordance with K.S.A. 59-2958(e). That date shall be no later than 5:00 p.m. on the second day the district court is open for the transaction of business after the date this order is issued. In computing time, the day of the filing is excluded as are Saturdays, Sundays and legal holidays. The district court shall not issue successive ex parte emergency custody orders.
Kansas
2153
This form would be used if the Temporary Custody Order was not requested at the time of filing the Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment for Care and Treatment. See Comment to Form 2151. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 2121 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.
Kansas
2156
This form is for use when a patient who is not currently subject to a custody order challenges the order for mental evaluation. The hearing must be held within a reasonable time and the patient’s presence is necessary and cannot be waived. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 2121 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public.