Instructions And Verdict Forms - For Determination Of A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment (Mental Illness)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Instructions And Verdict Forms - For Determination Of A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment (Mental Illness) is a commonly used form within Kansas. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Instructions And Verdict Forms - For Determination Of A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment (Mental Illness)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions And Verdict Forms - For Determination Of A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment (Mental Illness):

• This form pertains to the State of Kansas

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Kansas’s Form 2131 - Instructions And Verdict Forms - For Determination Of A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment (Mental Illness) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Kansas form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Kansas probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 2131, take a break, and then review. Probate and estate settlement processes in KS are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 2131 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 2131 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Instructions And Verdict Forms - For Determination Of A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment (Mental Illness) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Kansas.

5 reasons you should submit 2131 as quickly as possible:

1. The sooner you begin, the faster Kansas can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Kansas. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Kansas is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Kansas probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Kansas probate clerk or court for exact answers regarding Form 2131, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions And Verdict Forms - For Determination Of A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment (Mental Illness) is one of the many probate court forms available for download through Atticus.

It may also be available through some Kansas probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Kansas.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 2131 - Instructions And Verdict Forms - For Determination Of A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment (Mental Illness) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Kansas probate court office.

Instructions And Verdict Forms - For Determination Of A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment (Mental Illness) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Kansas-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Kansas Form 2131 - Instructions And Verdict Forms - For Determination Of A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment (Mental Illness). You can use this to get an idea of the context of the form and what type of information is needed.

2100-43 Kansas Probate Forms 3d 2131 (CAPTION) INSTRUCTIONS AND VERDICT FORMS No. 1 It is my duty to instruct you in the law that applies to this case, and it is your duty to consider and follow all of the instructions. You must decide the case by applying these instructions to the facts as you find them. No. 2 A Petition was filed in the District Court of Apache County, Kansas, on July 1, 2010, by Bob Doe alleging that Betsy Doe is a “mentally ill person subject to involuntary commitment for care and treatment.” This is a trial upon the Petition. The only issue for you to determine today in this hearing is whether or not Betsy Doe is a “mentally ill person subject to involuntary commitment for care and treatment” as that term is defined in these instructions. You should evaluate the evidence admitted in this case and determine whether or not Betsy Doe is a “mentally ill person subject to involuntary commitment for care and treatment” entirely in accordance with these instructions. The disposition of the case after that is a matter for determination by the court. No. 3 “Mentally ill person subject to involuntary commitment for care and treatment” means a mentally ill person who lacks capacity to make an informed decision concerning treatment, is likely to cause harm to self or others, and whose diagnosis is not solely one of the following mental disorders: Alcohol or chemical substance abuse; antisocial personality disorder; intellectual disability; organic personality syndrome; or organic mental disorder. No. 4 As used in instruction No. 3, “mentally ill person” means any person who is suffering from a mental disorder which is manifested by a clinically significant behavioral or psychological syndrome or pattern and associated with either a painful symptom or an impairment in one or more important areas of functioning, 2012 2011 2100-44 Kansas Probate Forms 3d and involving substantial behavioral, psychological or biological dysfunction to the extent that the person is in need of treatment. No. 5 As used in instruction No. 3, “lacks capacity to make an informed decision concerning treatment” means that the person, by reason of the person’s mental disorder, is unable, despite conscientious efforts at explanation, to understand basically the nature and effects of hospitalization or treatment or is unable to engage in a rational decision-making process regarding hospitalization or treatment, as evidenced by an inability to weigh the possible risks and benefits. No. 6 As used in instruction No. 3, “likely to cause harm to self or others” means that the person, by reason of the person’s mental disorder: (a) Is likely in the reasonably foreseeable future, to cause substantial physical injury or physical abuse to self or others or substantial damage to another’s property, as evidenced by behavior threatening, attempting or causing such injury, abuse or damage; [except that if the harm threatened, attempted or caused is only harm to the property of another, the harm must be of such a value and extent that the state’s interest in protecting the property from such harm outweighs the person’s interest in personal liberty]; or (b) is substantially unable, except for the reason of indigency, to provide for any of the person’s basic needs, such as food, clothing, shelter, health or safety, causing a substantial deterioration of the person’s ability to function on the person’s own. No. 7 As used in instruction No. 3, “treatment” means any service intended to promote the mental health of the patient and rendered by a qualified professional, licensed or certified by the state to provide such service as an independent practitioner or under the supervision of such practitioner. No. 8 The law places the burden upon the Petitioner to prove the patient is a mentally ill person subject to involuntary commitment for care and treatment by clear and convincing evidence. You must assume that the patient is not a mentally ill person subject to involuntary commitment for care and treatment unless you are convinced from all the evidence in the case that [he][she] is a mentally ill person subject to involuntary commitment for care and treatment. The law does not require the patient to prove [he][she] is not a mentally ill person subject to involuntary commitment for care and treatment. 2011 2100-45 Kansas Probate Forms 3d To be clear and convincing, evidence should be “clear” in the sense that it is certain, plain to the understanding, unambiguous, and “convincing” in the sense that it is so reasonable and persuasive as to cause you to believe it. No. 9 It is for you to determine the weight and credit to be given the testimony of each witness. You have a right to use common knowledge and experience in regard to the matter about which a witness has testified. No. 10 Certain testimony has been given in this case by experts; that is, by persons who are specially qualified by experience or training and possess knowledge on matters not common to mankind in general. The law permits such persons to give their opinions regarding such matters. The testimony of experts is to be considered like any other testimony and is to be tried by the same tests, and should receive such weight and credit as the jury deems it entitled to, when viewed in connection with all the other facts and circumstances, and its weight and value are questions for the jury. No. 11 When you go to the Jury Room, you will select a presiding juror. You will be given two forms of verdict, Verdict Form No. 1 to be signed by the presiding juror if you find Betsy Doe to be a mentally ill person subject to involuntary commitment for care and treatment, as that term is defined in the instructions, and Verdict Form No. 2 to be signed by the presiding juror if you find Betsy Doe not to be a mentally ill person subject to involuntary commitment for care and treatment. You will return both forms, one signed and the other unsigned to the bailiff at the conclusion of your deliberation. Your agreement upon a verdict that Betsy Doe is a mentally ill person subject to involuntary commitment for care and treatment must be unanimous. If you do not agree unanimously that Betsy Doe is a mentally ill person subject to involuntary commitment for care and treatment, you should return Verdict Form No. 2. Comment The bracketed material in instruction No. 6 should be used if the harm threatened, attempted or caused is only harm to the property of another. 2011 2100-46 Kansas Probate Forms 3d No. 12 (CAPTION) VERDICT FORM NO. 1 We the members of the Jury in the above captioned matter have selected _____________________ as presiding Juror. In accord with the instructions given, we find that _____________________________ is a mentally ill person subject to involuntary commitment for care and treatment. Signature of Presiding Juror: ________________________________________ Presiding Juror Dated _____________________________, __________. No. 13 (CAPTION) VERDICT FORM NO. 2 We the members of the Jury in the above captioned matter have selected _____________________ as presiding Juror. In accord with the instructions given, we find that _____________________________ is not a mentally ill person subject to involuntary commitment for care and treatment. Signature of Presiding Juror: ________________________________________ Presiding Juror Dated _____________________________, __________.