Kansas Probate Form 2289

Notice Of Final Discharge From Treatment (Substance Abuse)

Everything you need to know about Kansas Form 2289, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related KS probate forms.

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About Notice Of Final Discharge From Treatment (Substance Abuse)

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.

Notice Of Final Discharge From Treatment (Substance Abuse) 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:

This form is not one that will be prepared by counsel. This notice, or one similar to it, is the form by which a treatment center will notify the court that the involuntary commitment proceedings need to be terminated, as provided for by law. This form is a suggested format. Any particular 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. Treatment facilities need to take care not to send this notice to the court when a patient is being discharged from an inpatient treatment setting to further or follow-up court ordered outpatient treatment, or when only being transferred from one provider to another. Transmittal of a copy of this notice in one of those situations will cause confusion, though the provisions of K.S.A. 59-29b74 should prevent inappropriate termination of the legal case.

Atticus Fast Facts About Notice Of Final Discharge From Treatment (Substance Abuse)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Notice Of Final Discharge From Treatment (Substance Abuse):

  • This form pertains to the State of Kansas

  • The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-29b73, K.S.A. 59-29b74

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 2289 - Notice Of Final Discharge From Treatment (Substance Abuse) up to date, certain details can change from time-to-time with little or no communication.

How to file Form 2289

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 2289, 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 2289 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 2289 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 Notice Of Final Discharge From Treatment (Substance Abuse) 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Notice Of Final Discharge From Treatment (Substance Abuse) is due

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 2289 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 2289, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 2289 Online

Notice Of Final Discharge From Treatment (Substance Abuse) 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 2289 - Notice Of Final Discharge From Treatment (Substance Abuse) 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.

Notice Of Final Discharge From Treatment (Substance Abuse) 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.

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Did you know?

  • Form 2289 - Notice Of Final Discharge From Treatment (Substance Abuse) is a probate form in Kansas.

  • This form is not one that will be prepared by counsel. This notice, or one similar to it, is the form by which a treatment center will notify the court that the involuntary commitment proceedings need to be terminated, as provided for by law. This form is a suggested format. Any particular 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. Treatment facilities need to take care not to send this notice to the court when a patient is being discharged from an inpatient treatment setting to further or follow-up court ordered outpatient treatment, or when only being transferred from one provider to another. Transmittal of a copy of this notice in one of those situations will cause confusion, though the provisions of K.S.A. 59-29b74 should prevent inappropriate termination of the legal case.

  • Kansas has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Kansas.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Kansas, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Notice Of Final Discharge From Treatment (Substance Abuse)

This form is not one that will be prepared by counsel. This notice, or one similar to it, is the form by which a treatment center will notify the court that the involuntary commitment proceedings need to be terminated, as provided for by law. This form is a suggested format. Any particular 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. Treatment facilities need to take care not to send this notice to the court when a patient is being discharged from an inpatient treatment setting to further or follow-up court ordered outpatient treatment, or when only being transferred from one provider to another. Transmittal of a copy of this notice in one of those situations will cause confusion, though the provisions of K.S.A. 59-29b74 should prevent inappropriate termination of the legal case.

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form 2289

Here’s the text, verbatim, that is found on Kansas Form 2289 - Notice Of Final Discharge From Treatment (Substance Abuse). You can use this to get an idea of the context of the form and what type of information is needed.

2200-\\u0018\\u00185 Kansas Probate Forms 3d 2289 (Treatment Facility Letterhead) NOTICE OF FINAL DISCHARGE FROM TREATMENT Pursuant to K.S.A. 59-29b74 RE: (name of patient) (court case no.) TO: (1) The District Court of County, Division No. (address) (city, state, zip) (2)  Petitioner or  Petitioner’s Attorney or  County or District Attorney: (name) (address) (city, state, zip) (3)  Patient’s Attorney: (name) (address) (city, state, zip) (4)  Patient’s Legal Guardian or  Parent or  Other Interested Party: (name) (address) (city, state, zip) Be advised that effective (date), the above named patient was: finally discharged and released from all treatment on the basis that the patient was no longer in need of treatment, per K.S.A. 59-29b73 x (date) (Signature of Head of Treatment Facility, or Designee) 2015 2200-\\u0018\\u00186 Kansas Probate Forms 3d NOTE: This Notice will serve to terminate the involuntary commitment proceedings pending before the Court. DO NOT SEND this Notice to the court if the patient is only being transferred from one treatment facility setting to another, or is only being transferred from inpatient to outpatient status or from outpatient to inpatient status.  Copy to the patient at: (address) (city, state, zip) Reference K.S.A. 59-29b73 and 59-29b74. Comment This form is not one that will be prepared by counsel. This notice, or one similar to it, is the form by which a treatment center will notify the court that the involuntary commitment proceedings need to be terminated, as provided for by law. This form is a suggested format. Any particular 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. The form is designed in a “fill in the blank” and “check the box” format. All of the specified addressees need to be sent a copy of this notice. The original will be filed in the court file and shall terminate the proceedings. Treatment facilities need to take care not to send this notice to the court when a patient is being discharged from an inpatient treatment setting to further or follow-up court ordered outpatient treatment, or when only being transferred from one provider to another. Transmittal of a copy of this notice in one of those situations will cause confusion, though the provisions of K.S.A. 59-29b74 should prevent inappropriate termination of the legal case. 2015 2200-\\u0018\\u00187 Kansas Probate Forms 3d 2290 (Treatment Facility Letterhead) NOTICE OF CONVERSION TO VOLUNTARY PATIENT STATUS Pursuant to K.S.A. 59-29b49(d) RE: (name of patient) (court case no.) TO: (1) The District Court of County, Division No. (address) (city, state, zip) (2)  Petitioner or  Petitioner’s Attorney or  County or District Attorney: (name) (address) (city, state, zip) (3)  Patient’s Attorney: (name) (address) (city, state, zip) (4)  Patient’s Legal Guardian or  Parent or  Other Interested Party: (name) (address) (city, state, zip) Be advised that effective (date), the above named patient was: accepted as a voluntary patient, per K.S.A. 59-2949(d) x (date) (Signature of Head of Treatment Facility, or Designee) 2015 2200-\\u0018\\u00188 Kansas Probate Forms 3d NOTE: This Notice will serve to terminate the involuntary commitment proceedings pending before the Court. Should it be necessary to return the patient to involuntary status, a new commitment petition will need to be filed.  Copy to the patient at: (address) (city, state, zip) Reference K.S.A. 59-29b49(d). Comment See comment to Form 2289. 2015 2200-\\u0018\\u00189 Kansas Probate Forms 3d 2291 (Treatment Facility Letterhead) NOTICE OF THE DEATH OF THE PATIENT Pursuant to K.S.A. 59-29b82 RE: (name of deceased patient) (Court Case No.) TO: (as appropriate) (\\u0018)  The District Court of County, Division No. (address) (city, state, zip) (2)  Petitioner or  Petitioner’s Attorney or  County or District Attorney (name) (address) (city, state, zip) (3)  Patient’s Attorney: (name) (address) (city, state, zip) (4)  Patient’s Next of Kin or  Legal Guardian or  Other Interested Party: (name) (address) (city, state, zip) 2015 2200-\\u001820 Kansas Probate Forms 3d BE ADVISED THAT the above named  voluntary or  involuntary patient, died on (date) at approximately (time) at (place of death). Preliminarily, the cause of death is thought to have been:  The coroner for County has been notified of this death.  Since none of the prerequisite conditions set out in K.S.A. 22a-231 existed, which would have required notification to the coroner of this death, no such notice has been given.  For further information concerning this patient, contact: (name of person who may be contacted) at: (office) (telephone no.) (address) (city, state, zip) (date) (Signature of Head of Treatment Facility, or Designee) Reference K.S.A. 59-29b82. Comment This form is not one that 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. 59-29b82 that the facility give notice to particular persons of the death of a patient which occurs at the facility. This form is a suggested format. Any particular 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. The form is designed in a “fill in the blank” format. The addressees to whom this notice actually needs to be sent will depend upon whether the patient was voluntary or involuntary. If voluntary, no notice will need be sent to any Court or petitioner or petitioner’s attorney. Depending upon the circumstances, notice to a county or district attorney may still be appropriate even though the patient was voluntary. Notice to an attorney known to be representing a patient and to the patient’s family or guardian would be appropriate in any case. For an involuntary patient, this notice will need to be sent to all of the listed addressees. Optional choices are provided for the treatment facility to indicate whether notice has been given to the coroner, and may be used accordingly depending upon whether such notification was given or not required. 2015 2200-\\u00182\\u0018 Kansas Probate Forms 3d It is also possible a treatment facility may not utilize so formal a means of providing this notice, particularly to the patient’s family. A personal visit, telephone call or letter may be used in substitute for or in combination with this form, along with appropriate notations being made in the patient’s treatment record. 2015 2200-\\u001822 Kansas Probate Forms 3d 2292 APPLICATION FOR VOLUNTARY ADMISSION FOR CARE AND TREATMENT TO (name of hospital or other treatment facility) Patient: (name) (year of birth) (age) (sex) (home address) (SSN - last 4 digits) (city, state, zip) (county of residence) I request the admission of the above named patient for the purpose of obtaining care and treatment, subject to the terms and conditions otherwise disclosed in the supporting documents accompanying this Application, including :  disclosure of available treatments information;  summary of legal rights information;  discharge rules and procedures information;  consent to treatment;  other: X (date)  patient (age 14 years or older) X (date)  parent (for a minor child) (address) (city, state, zip) (telephone no.) 2015 2200-\\u001823 Kansas Probate Forms 3d TO BE COMPLETED IF ADMISSION IS BEING CONSENTED TO BY A GUARDIAN As the legal guardian of the above named person, I certify that I have proper authority from the Guardianship Court to authorize this action. (See K.S.A. 59- 29b49(b)(3))  copy of Court Order or other evidence of authority attached  medical statement attached (if required by the treatment facility) X (date) (legal guardian) (address) (city, state, zip) (telephone no.) SEE NOTES PRINTED ON THE REVERSE SIDE 2015 2200-\\u001824 Kansas Probate Forms 3d  NOTE: Before accepting this Application, the head of the treatment facility (or a designee) must determine that the patient has the capacity to consent to treatment. (See K.S.A. 59-29b49(a))  NOTE: If the patient making application for admission is 14 through 17 years of age and is admitted, notice of the admission must be given to the patient’s parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of the patient. (See K.S.A. 59-29b49(b)(2)(B))  NOTE: If this application is being made after the initiation of any involuntary proceedings, the patient must have had an opportunity to consult with legal counsel prior to the signing of this application. (See K.S.A. 59-29b49(d))  No legal proceedings known to be pending  Legal proceedings are pending in County  Patient’s Attorney: (name) (address) (telephone no.)  NOTE: For purposes of requesting discharge, the same individual making this application for admission will be the only person authorized to request discharge. (See K.S.A. 59-29b5\\u0018(b)) Reference K.S.A. 59-29b49; S. Ct. Rule 123. Comment This form is not one which will be prepared by counsel. This application, or one similar to it, is the form by which a patient admits him/herself to a treatment facility. This form itself is a suggested format. It notes the requirements provided for in K.S.A. 59-29b49. Any particular 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. The form is designed in a “fill in the blanks” and “checklist” format. The form may be optionally signed by either the patient him/herself, the patient’s parent (when the patient is a minor) or by the patient’s legal guardian. (NOTE: The admission of a patient on voluntary status will always terminate an involuntary legal proceeding. See K.S.A. 59-29b49(d).) See Form 504 for required cover sheets and information about the use of personal identifiers in pleadings. 2015 2200-\\u001825 Kansas Probate Forms 3d 2293 (Treatment Facility Letterhead) NOTICE OF IMPENDING DISCHARGE FROM VOLUNTARY CARE AND TREATMENT Pursuant to K.S.A. 59-29b50 TO:  (name of patient) AND, as appropriate or authorized by the patient to receive this notification:  Patient’s Spouse or  Parent or  Other Interested Party: (name) (address) (city, state, zip)  Patient’s Legal Guardian: (name) (address) (city, state, zip) BE ADVISED THAT the above named patient, who has been receiving care and treatment at this facility as a voluntary patient will be discharged and released on (date) at approximately (time).  FOR FURTHER INFORMATION concerning this patient, contact: (name of person who may be contacted) at: (office) (address) (city, state, zip) (telephone no.) (date) (Signature of Head of Treatment Facility, or Designee) 2015 2200-\\u001826 Kansas Probate Forms 3d Reference K.S.A. 59-29b50. 2015 2200-\\u001827 Kansas Probate Forms 3d 2294 REQUEST FOR DISCHARGE FROM VOLUNTARY CARE AND TREATMENT WITHOUT OR AGAINST MEDICAL ADVICE Pursuant to K.S.A. 59-29b5\\u0018 patient’s name: (print clearly) TO: (name of doctor, social worker, nurse or other person to whom this Request was given) I request discharge from further care and treatment at: (name of treatment facility) I understand that: (1) this request is being made either without or against the advice of the doctor. (2) I have the right to change my mind and to revoke this request at any time before I am actually finally discharged. (3) the treatment facility shall have three (3) days, not counting any included Saturday, Sunday or holiday, after today’s date to either release me as is my request, or to file or cause to be filed a petition in the district court seeking my involuntary commitment. When released, I intend to reside at: (address) (city) (state) (zip) (county) X (date/time)  patient 2015 2200-\\u001828 Kansas Probate Forms 3d X (date/time)  witness or  legal guardian or  parent NOTE: To be effective, this request must be signed by the person properly authorized to request discharge (usually the same person who signed the voluntary admission form pursuant to which care and treatment has been provided.)  copy to be attached to Petition to Determine a Person to be a Person with an Alcohol or Substance Abuse Problem Subject to Involuntary Commitment (see K.S.A. 59-29b52) Reference K.S.A. 59-29b5\\u0018. Comment This form is not one which will normally be prepared by counsel. This request, or one similar to it, is the form by which a patient requests discharge from voluntary treatment. It is often referred to as a “3-day notice” because, under the provisions of K.S.A. 59-29b51, the treatment facility, after receiving such a request by a voluntary patient, has generally 3 working days to either discharge the patient or to see to it that an involuntary proceeding is begun by the filing of a petition in the district court. This form is a suggested format. Any particular treatment facility may revise this “generic” form and create its own version. Treatment facilities are also invited to use this format, but are not required to do so. The form is designed in a “fill in the blank format.” The form may be optionally signed by either the patient him/herself, the patient’s parent (when the patient is a minor), or by the patient’s legal guardian, and must be signed, or at least co-signed, by the same person who signed the Application for Voluntary Admission (Form 2292) in order for the request to become effective. (See K.S.A. 59-29b5\\u0018(b).) Pursuant to K.S.A. 59-29b57, if the treatment center pursues the filing of a petition seeking involuntary commitment in response to a patient’s request for discharge, a copy of the patient’s request must be attached to the petition filed with the district court. 2015 2200-\\u001829 Kansas Probate Forms 3d 2295 (Treatment Facility Letterhead) NOTICE OF MINOR PATIENT’S DEMAND FOR DISCHARGE Pursuant to K.S.A. 59-29b5\\u0018(b)(2) RE: (name of minor patient) (year of birth) TO:  Patient’s Parent or  Patient’s Legal Guardian or  Other Interested Party (address) (city, state, zip) BE ADVISED THAT on (date), the above named minor, who had previously admitted him/herself as a voluntary patient at this facility, delivered to staff here a request that he/she be discharged from further care and treatment without or against medical advise.  It is this facility’s present intent to discharge this individual on (date) at approximately (time). Please plan accordingly.  It is this facility’s present intent to file or cause to have filed a petition in the district court seeking the involuntary commitment of the patient, by not later than the close of business on (date).  Other information you should be aware of:  FOR FURTHER INFORMATION concerning this patient, contact: (name of person who may be contacted) at: (office) 2015 2200-\\u001830 Kansas Probate Forms 3d (address) (city, state, zip) (telephone no.) (date) (Signature of Head of Treatment Facility, or Designee) □ Copy of patient’s REQUEST FOR DISCHARGE FROM VOLUNTARY CARE AND TREATMENT WITHOUT OR AGAINST MEDICAL ADVICE attached. Reference K.S.A. 59-29b51(b)(2); S. Ct. Rule 123. Comment 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. 59-29b51(b)(2) that the treatment facility give notice in the case of a voluntary patient who is a minor, aged 14 to 17 years old, and who had signed him/herself into the treatment facility and who now is demanding to be discharged, to the person responsible for that minor child. Obviously, the purpose of this requirement is to allow the child’s parent, or other responsible person, to make arrangements concerning the child. Depending partly upon whether the treatment facility’s intent is to discharge or seek involuntary commitment of the child, the responsible adult may need to make arrangements to pick up the child, seek other treatment for the child, or to intervene in the court proceedings. This form is a suggested format. Any particular 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. The form is designed in a “fill in the blank” format. Alternative choices are provided for the treatment facility to indicate what the facility’s further intent is and a blank space is provided should the treatment facility wish to give some other information or indicate a recommendation for some action the facility itself does not intend to take. The patient’s request (Form 2294) may optionally be attached. See Form 504 for required cover sheets and information about the use of personal identifiers in pleadings. 2015 2010 2500-\\u0018 Kansas Probate Forms 3d GUARDIANSHIP AND CONSERVATORSHIP FORMS I. VOLUNTARY CONSERVATORSHIPS Title Form No. Voluntary Petition for Conservatorship ............................................250\\u0018 Order Setting Trial and Providing for Notice ...................................2502 Notice of Trial ...................................................................................2503 Affidavit of Service ...........................................................................2504 Order Appointing Conservator on Voluntary Petition ......................2505 Oath of Conservator ..........................................................................2506 Bond of Conservator .........................................................................2507 Letters of Conservatorship ................................................................2508 Petition for Termination of Conservatorship ....................................2509 Order Terminating Conservatorship; Ordering Closure of Administration of Estate; Ordering Final Accounting; Fixing Time and Place of Hearing; and Ordering the Giving of Notice of Final Accounting ....................................................................25\\u00180 Affidavit of Service ...........................................................................25\\u0018\\u0018 Affidavit of Service ...........................................................................25\\u00182 Final Accounting ...............................................................................25\\u00183 Order of Allowance and Settlement; Approving Final Accounting; and Ordering Final Discharge ....................................................25\\u00184 2500-2 Kansas Probate Forms 3d 2501 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Conservatorship of Richard Roe No. ___________ (Petition Pursuant to K.S.A. Chapter 59) VOLUNTARY PETITION FOR CONSERVATORSHIP Richard Roe, Petitioner, states: \\u0018. I am an adult person for whom no guardian or conservator has been appointed nor am I a proposed ward or a proposed conservatee. 2. I was born in \\u0018923 and am 88 years of age. 3. I permanently reside at 400 Harvard Street, Hometown, Apache County, Kansas; my present whereabouts is: the same . 4. I am in need of the appointment of a conservator because: My deceased spouse formerly managed our financial affairs, and our children live out of state. Due to the complexity of my estate and lack of family support, I need assistance to properly manage and care for my property. It is in my best interest that a conservator be appointed. 5. I knowingly and voluntarily request the appointment of John Manager, 376 Yale Road, Hometown, Kansas, who is a fit and proper person to be appointed as my conservator, to serve with bond. The proposed conservator is a man, born in \\u0018963, who is 48 years of age and whose place of employment is: Hometown Hardware, Hometown, Kansas. 6. The proposed conservator’s relationship to me is: none. 7. The proposed conservator has the following personal or agency interests that may be perceived as self-serving or adverse to my position or best interests: none. 8. The proposed conservator is not under contract with the Kansas guardianship program. 9. The proposed conservator has completed the instructional program required by K.S.A. 59-3069(j), and evidence of completion is attached hereto. 2012 2500-3 Kansas Probate Forms 3d \\u00180. The names and addresses of relatives nearest in kinship to me are: Name Address Relationship Charles Roe 376 Elm St., Los Angeles, CA 902\\u00180 Son Shelly Smith 222 W. 45 th , Nashville, TN 764\\u00185 Daughter \\u0018\\u0018. The general character and probable value of my property is: Real property: 400 Harvard St., Hometown, KS (homestead): Estimated value $\\u001800,000 402 Harvard St., Hometown, KS (rental house): Estimated value $75,000 Personal property: 20\\u00180 Toyota Automobile: $20,000 Household goods: $\\u00185,000 Checking account: Av Bal, $2,500 500 shares common stock, Westar Energy, $50 per share: $25,000 Monthly income: Social Security: $\\u0018700/mo; Pension: $\\u0018200/mo; Rental income $750/mo Reasonably expected monthly expenses: $\\u0018200/mo 12. The name, address and description of petitioner’s existing fiduciary is: Name Address Description none. PETITIONER REQUESTS that the Court: 1. Issue an order fixing the time and place of the trial on this Petition; 2. Make a determination that I am in need of a conservator and that the appointment of a conservator is in my best interest; 3. Make a determination that I have knowingly and voluntarily requested the appointment of John Manager as my conservator and that he is a fit and proper person to be so appointed; and 4. Appoint John Manager as my conservator. RICHARD ROE Petitioner 2017 2500-4 Kansas Probate Forms 3d (SWORN VERIFICATION) STATE OF KANSAS COUNTY OF APACHE I swear or affirm that the statements made in this Petition are true and that I am the person filing this Petition. RICHARD ROE SIGNED AND SWORN TO (or affirmed) before me on July \\u0018, 20\\u00180. HELEN WATERS Notary Public (SEAL) My Appointment Expires: December 3\\u0018, 20\\u00185 OR (UNSWORN VERIFICATION) I verify under penalty of perjury under the laws of the State of Kansas that the foregoing is true and correct. Executed on . RICHARD ROE Petitioner PREPARED BY: /s/ W.B. Pleader W.B. Pleader, # 00000 PLEADER, PLEADER & TRYOR The Hometown State Bank Building Hometown, Kansas 66648 (9\\u00183) 555-0000 [Fax: (9\\u00183) 555-\\u0018\\u0018\\u0018\\u0018] wbpleader@ppt.com Attorneys for Petitioner 2021 2500-5 Kansas Probate Forms 3d Reference K.S.A. 53-60\\u0018; 59-\\u001803(a); 59-3056; 59-3069; 59-3083; S. Ct. Rule \\u001809; S. Ct. Rule \\u001823. Comment Because the statute requires the Petitioner to knowingly and voluntarily request the appointment of a conservator, mental disability should not be alleged. Other alternatives, such as a durable power of attorney, should be considered before requesting a voluntary conservatorship. In paragraph 5, the petition pleads the name, age, date of birth, gender, address and place of employment of the proposed conservator as required by K.S.A. 59-3056(c). Much of this information will be helpful in identifying the conservator should it ever become necessary to issue a bench warrant for the conservator. In paragraph 7, the petition pleads that the proposed conservator has no personal or agency interest that may be perceived as self-serving or adverse to the interests of the conservatee. See K.S.A. 59-3056(c). For examples of petitions where a conflict of interest is alleged, see Forms 260\\u0018 and 2620. Personal or agency interest includes, but is not limited to, details of any financial, agency or other transactions between a proposed guardian, guardian, proposed conservator or conservator and the proposed ward, ward, proposed conservatee or conservatee as applicable. K.S.A. 59- 305\\u0018(j). As of January 1, 2009, every individual appointed as guardian or conservator must file with the court evidence of completion of a basic instructional program concerning the duties and responsibilities of a guardian or conservator prior to the issuance of letters of guardianship and conservatorship. K.S.A. 59-3069(j). The materials comprising the instructional program may be found at the end of the Miscellaneous Guardianship and Conservatorship Forms and are also available on the Judicial Council’s website: www.kansasjudicialcouncil.org. This petition was drafted to allege that the proposed conservator has already completed the instructional program. In many instances, it is expected that a proposed guardian or conservator will complete the instructional program before the filing of the petition; however, the statute only requires that evidence of completion of the instructional program be filed before Letters are issued. K.S.A. 59-3069(j). See Forms 260\\u0018 and 2605 for an example of a petition and order where evidence of completion of the instruction program has not been filed before the hearing on the petition. The petition includes a line for reasonably expected monthly expenses as these are to be deducted from the value of the proposed conservatee’s personal property and income in determining the amount of the required bond. K.S.A. 59-3069. Supreme Court Rule \\u001809 provides that annual accounting and reporting periods shall be the 12-month period immediately preceding the anniversary date of the filing of the case, unless otherwise authorized by the district court. This results in accountings which are staggered on the courts’ dockets rather than all occurring at the same time. While this result may be preferable in high volume courts, other courts prefer to receive all accountings at the same time and may base the accounting period on either the calendar or fiscal year. Practitioners should become familiar with local court procedures in this area. If the petitioner has good cause for requesting an accounting period other than the one prescribed by Supreme Court Rule \\u001809, the petition should so state. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. An unsworn verification need not be signed before a notary public. See Form 504 for required cover sheets and information about the use of personal identifiers in pleadings. 2021 2500-6 Kansas Probate Forms 3d 2502 (CAPTION) ORDER SETTING TRIAL AND PROVIDING FOR NOTICE NOW, on this day, the Court orders that the voluntary petition filed by Richard Roe for appointment of a conservator be heard on July \\u00182, 20\\u00180, at \\u00180:00 a.m. by this Court in the Apache County Courthouse, Hometown, Kansas, and that notice of the time and place of the trial be given to the following persons: Charles Roe, Petitioner’s Son 376 Elm St. Los Angeles, CA 902\\u00180 Shelly Smith, Petitioner’s Daughter 222 W. 45 th Nashville, TN 764\\u00185 by mailing a copy of the petition and notice to the above persons not less than seven days prior to the date of the hearing. THIS ORDER IS EFFECTIVE as of the date and time shown on the electronic file stamp. SUBMITTED BY: /s/ W.B. Pleader W.B. Pleader, # 00000 PLEADER, PLEADER & TRYOR The Hometown State Bank Building Hometown, Kansas 66648 (9\\u00183) 555-0000 [Fax: (9\\u00183) 555-\\u0018\\u0018\\u0018\\u0018] wbpleader@ppt.com Attorneys for Petitioner Reference K.S.A. 59-3057. 2021

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