Petition For Appointment Of Guardian And Conservator [And Standby Guardian And Standby Conservator]

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.

Petition For Appointment Of Guardian And Conservator [And Standby Guardian And Standby Conservator] 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 may be altered to request only the appointment of a guardian, or only the appointment of a conservator by omitting language that does not apply in the specific case. If the proposed guardian or conservator is under contract with the Kansas guardianship program, the petition shall so state. As of July 1, 2010, the petition must plead the places where the proposed ward or conservatee has lived during the last five years and the names and present addresses of the persons with whom the proposed ward or conservatee has lived during that period. K.S.A. 59-3058(b)(3).

Atticus Fast Facts About Petition For Appointment Of Guardian And Conservator [And Standby Guardian And Standby Conservator]

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of Guardian And Conservator [And Standby Guardian And Standby Conservator]:

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 53-601, K.S.A. 58-4814, K.S.A. 59-3058, K.S.A. 59-3063, K.S.A. 59-3064, K.S.A. 59-3065, K.S.A. 59-3067, K.S.A. 59-3069, K.S.A. 59-3074, S. Ct. Rule 109, S. Ct. Rule 123

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 2601 - Petition For Appointment Of Guardian And Conservator [And Standby Guardian And Standby Conservator] 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 2601, 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 2601 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 2601 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 Petition For Appointment Of Guardian And Conservator [And Standby Guardian And Standby Conservator] 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 2601 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 2601, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Appointment Of Guardian And Conservator [And Standby Guardian And Standby Conservator] 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 2601 - Petition For Appointment Of Guardian And Conservator [And Standby Guardian And Standby Conservator] 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.

Petition For Appointment Of Guardian And Conservator [And Standby Guardian And Standby Conservator] 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 2601 - Petition For Appointment Of Guardian And Conservator [And Standby Guardian And Standby Conservator]. You can use this to get an idea of the context of the form and what type of information is needed.

2021 2600-4 Kansas Probate Forms 3d 2601 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Guardianship and Conservatorship of Richard Roe No. ____________ (Petition pursuant to K.S.A. Chapter 59) PETITION FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR [AND STANDBY GUARDIAN AND STANDBY CONSERVATOR] Mary Roe, Petitioner, states: \\u0018. My address is \\u0018\\u0018\\u0018 West \\u0018 st Street, Hometown, Apache County, Kansas 66648. 2. The name, age, permanent residence, and present whereabouts of the proposed ward and conservatee as known to me are: Name: Richard Roe Age: 72 years Year of Birth: \\u0018939 Present Whereabouts: Hometown Medical Center, \\u0018\\u001800 Main Street, Hometown, Apache County, Kansas 66648 Permanent Residence: \\u0018\\u0018\\u0018 W. \\u0018st Street, Hometown, Apache County, Kansas 66648. 3. The places where the proposed ward and conservatee has lived during the last five years and the names and present addresses of the persons with whom the proposed ward and conservatee has lived during that period are: Before his admission to the Hometown Medical Center on July \\u0018, 20\\u00180, Mr. Roe lived with his wife, Mary Roe, at their home, \\u0018\\u0018\\u0018 W. \\u0018st Street, Hometown, Kansas. 4. The name, address, and circumstance of any person or agency having custody or control of the proposed ward and conservatee, to the extent known are: Richard Roe is not presently under the custody of any other person or agency but is receiving skilled care at Hometown Medical Center, \\u0018\\u001800 Main Street, Hometown, 2021 2600-5 Kansas Probate Forms 3d Apache County, Kansas. It is expected that he will require extended care hereafter. Admission to a nursing home seems likely. 5. I believe the proposed ward and conservatee is an adult with an impairment in need of a guardian and a conservator. The facts upon which I base my belief are: Mr. Roe is confused, is unable to remember recent events, is not eating regularly, is dehydrated, has refused medical treatment or in home services, and has failed or been unable to deposit retirement checks or pay for his regular expenses. In recent years, Mr. Roe has been a self-employed jeweler but is now no longer able to keep up with the business. He has certain inventory on hand and accounts payable and receivable that have been neglected. 6. The names and addresses of the proposed ward and conservatee’s spouse, adult children, adult grandchildren, parents, and adult siblings to the extent known are: Name Address Relationship Mary Roe \\u0018\\u0018\\u0018 W. \\u0018st Street, Hometown, KS 66648 Spouse Bob Roe 333 N. 3rd Street, Hometown, KS 66648 Son James Roe 222 N. 2nd Street, Othertown, NE 7770\\u0018 Grandson. [None. However, there is reason to believe such persons exist and a diligent inquiry has been made consisting of a computer search and a telephonic search to contact known interested persons.] 7. To the extent known, after diligent inquiry, no person or corporation is acting for or has been nominated to act on behalf of the proposed ward and proposed conservatee pursuant to a power of attorney, trust or court order. 8. The involvement of the proposed ward and conservatee in court proceedings to the extent known is: District Court of Apache County, Kansas, Case No. 0\\u0018-P- 00, Estate of Hilda Roe, deceased, as a residuary devisee and legatee. 9. The general type, location, probable value and income of the real and personal property of the proposed ward and conservatee’s estate are: Probable Type Location Estimated Value Annual Income Real Estate \\u0018\\u0018\\u0018W. \\u0018st Street $\\u001825,000 None Hometown, KS 66648 (residence) 222 E. 2 nd Street $90,000 $\\u00180,000 Hometown, KS 66648 (rental property) Both properties are owned in joint tenancy with Mary Roe. 2021 2600-6 Kansas Probate Forms 3d Probable Type Location Estimated Value Annual Income Personal Property Jewelry tools and inventory $\\u001850,000 $75,000 500 shares common stock Westar Energy, $20/share $\\u00180,000 None Probable Type Location Estimated Value Annual Income Household items at residence $3,000 None Social Security Representative payee is $900/Mo. $\\u00180,800 Mary Roe, spouse Reasonably Expected Monthly Expenses $\\u0018500/Mo. \\u00180. The names and addresses of witnesses by whom the truth of this petition may be proved: Name Address Mary Roe \\u0018\\u0018\\u0018 W. \\u0018 st Street, Hometown, KS 66648 Bob Roe 333 N. 3 rd Street, Hometown, KS 66648 James Roe 222 N. 2 nd Street, Othertown, NE 7770\\u0018 Randy Smith, M.D. \\u0018\\u001823 Main Street, Hometown, KS 66648. \\u0018\\u0018. Mary Roe, \\u0018\\u0018\\u0018 West \\u0018 st Street, Hometown, Kansas, the Petitioner and the spouse of Richard Roe, is a fit and proper person to be appointed guardian and conservator of Richard Roe. Mary Roe is a woman, born in \\u0018959, who is 52 years of age and whose place of employment is Roe Jewelry Store. \\u00182. Mary Roe has the following personal or agency interests that may be perceived as self-serving or adverse to the position or best interests of the proposed ward and conservatee: Mary Roe is a joint tenant with Richard Roe on the real estate listed in paragraph 9; she is the representative payee for Richard Roe's Social Security payments; and she has an interest in and is making efforts to maintain Richard Roe's jewelry business. \\u00183. [Mary Roe needs to be able to access digital assets of Richard Roe including the catalogue of any electronic communications sent or received by Richard Roe.] \\u00184. [Mary Roe, who is seeking to be appointed as guardian and conservator for Richard Roe, is herself elderly and has medical needs of her own, is trying to maintain the jewelry business and periodically has been required to be out of state on that business. It would be in the best interests of the proposed ward and 2021 2600-7 Kansas Probate Forms 3d proposed conservatee to have the court appoint a standby guardian and a standby conservator.] \\u00185. [Bob Roe, 333 N. 3 rd Street, Hometown, Kansas 66648, who is the son of Richard Roe, is a fit and proper person to be appointed standby guardian and standby conservator of Richard Roe pursuant to K.S.A. 59-3074. Bob Roe is a man, born in \\u0018979, who is 32 years of age and whose place of employment is Hometown Hardware. Bob Roe has the following personal or agency interests that may be perceived as self-serving or adverse to the position or best interests of the proposed ward and conservatee: none.] \\u00186. [This Petition is accompanied by a report in a format that meets all the requirements of K.S.A. 59-3064, prepared by Randy Smith, M.D., a qualified professional, stating the findings of that professional with regard to whether the proposed ward and conservatee has an impairment and may be in need of a guardian or conservator, or both. The petitioner requests the Court to accept this report in lieu of ordering any additional examination and evaluation.] OR [This Petition is not accompanied by a report of an examination and evaluation; therefore, the Court should order such an examination and evaluation pursuant to K.S.A. 59-3064.] \\u00187. [This petition is further accompanied by a proposed guardianship plan as provided for by K.S.A. 59-3076.] [This petition is further accompanied by a proposed conservatorship plan as provided for by K.S.A. 59-3079.] PETITIONER REQUESTS that the Court: \\u0018. Determine by clear and convincing evidence that Richard Roe is an adult with an impairment in need of a guardian and a conservator. 2. Appoint Mary Roe as guardian and conservator of Richard Roe. 3. [Grant Mary Roe the authority to access digital assets of Richard Roe.] 4. [Appoint Bob Roe as standby guardian and standby conservator of Richard Roe.] 5. Issue the following: a. An order fixing the date, time and place of the trial on the petition. b. [An order that Richard Roe appear at the time and place of the trial] or [An order that the presence of Richard Roe is not required because it would be injurious to the person’s health or welfare.] or [An order that the presence of Richard Roe is not required as the impairment of Richard Roe 2021 2600-8 Kansas Probate Forms 3d is such that the proposed ward and conservatee could not meaningfully participate in the proceedings] or [Richard Roe has filed with the court a written waiver of the right to appear at trial]. c. An order appointing an attorney to represent Richard Roe at all stages in this proceeding to final determination of the petition and any appeal. d. An order fixing the date, time and place that is in the best interest of Richard Roe to consult with the court appointed attorney with such consultation to be scheduled to occur not later than five days prior to the scheduled trial on the petition and, if an examination and evaluation is ordered by the court, then request is made for the consultation to be scheduled to occur prior to the time of the examination and evaluation. e. Notice in the manner provided by K.S.A. 59-3066. f. [An order finding that the report of Randy Smith, M.D., meets the requirements of K.S.A. 59-3064 and therefore no additional examination or evaluation is required.] or [An order that Richard Roe submit for an examination and evaluation pursuant to K.S.A. 59-3064 at the Apache County Mental Health Center.] [g. An order for investigation and report of the family relationships, the past conduct, nature and extent of any property or income of Richard Roe, and whether or not Richard Roe is likely to injure himself or others.] MARY ROE Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 250\\u0018) 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 2600-9 Kansas Probate Forms 3d Reference K.S.A. 53-60\\u0018; 58-48\\u00184; 59-3058; 59-3063; 59-3064; 59-3065; 59-3067; 59-3069; 59- 3074; S. Ct. Rule \\u001809; S. Ct. Rule \\u001823. Comment This form may be altered to request only the appointment of a guardian, or only the appointment of a conservator by omitting language that does not apply in the specific case. If the proposed guardian or conservator is under contract with the Kansas guardianship program, the petition shall so state. As of July \\u0018, 20\\u00180, the petition must plead the places where the proposed ward or conservatee has lived during the last five years and the names and present addresses of the persons with whom the proposed ward or conservatee has lived during that period. K.S.A. 59-3058(b)(3). In paragraph \\u0018\\u0018, the petition pleads the name, age, date of birth, gender, address and place of employment of the proposed guardian and conservator as required by K.S.A. 59-3058(b)(\\u00184). Much of this information will be helpful in identifying the guardian and conservator should it ever become necessary to issue a bench warrant for that person. In paragraph \\u00182, the petition pleads that the proposed guardian and conservator has several personal or agency interests that may be perceived as self-serving or adverse to the interests of the proposed ward and conservatee. See K.S.A. 59-3058(b)(\\u00184). For examples of petitions where no conflict of interest is alleged, see Forms 2501 and 2609. 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 assuming that the proposed guardian and conservator has not yet completed the instructional program at the time of the hearing. 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 2606 and 2608 for an example of a petition and order where the proposed guardian and conservator has filed evidence of completion of the instruction program along with the petition. The petition may be accompanied by the report of an examination and evaluation of the proposed ward. If the court finds the report meets the requirements of K.S.A. 59-3064, it may accept the report in lieu of ordering any further examination and evaluation. If no report accompanies the petition, or if the court does not find that report sufficient, the court shall order an examination and evaluation as part of the preliminary orders of the court. If the court accepts a report which accompanies a petition, the proposed ward may request that an additional examination and evaluation be ordered. K.S.A. 59-3064. 2021 2600-\\u00180 Kansas Probate Forms 3d The examination and evaluation of the proposed ward may be conducted through a general hospital, psychiatric hospital, community mental health center, community developmental disability organization, or by a private physician, psychiatrist, psychologist or other professional appointed by the court who is qualified to evaluate the proposed ward’s impairment. K.S.A. 59- 3064. Any order of investigation is a discretionary order. K.S.A. 59-3065. The request for an order for investigation may be made by separate petition subsequent to the filing of the principal petition. This petition has been drafted to include an optional request for access to digital assets of the proposed ward or conservatee. In 20\\u00187, Kansas enacted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), K.S.A. 58-480\\u0018 et seq. The RUFADAA provides a mechanism for a fiduciary, including a guardian or conservator, to obtain access to a ward’s digital assets from a custodian that is maintaining or storing those digital assets. Under the RUFADAA, after an opportunity for a hearing, the court may grant a guardian or conservator access to the digital assets of a ward or conservatee, including a catalogue of electronic communications but not the content of those communications. K.S.A. 58-48\\u00184. The guardian or conservator may request authority to access digital assets in the initial petition, which, if granted, will be reflected in the letters of guardianship or conservatorship. Or the guardian or conservator may request such authority later. Forms for use in that situation may be found at 2774-2776. This petition has been drafted to contain an optional request for a standby guardian pursuant to K.S.A. 59-3074. While not included in this example, the petition could also be drafted to include a request for a temporary guardian and/or temporary conservator. See K.S.A. 59-3073. In addition, the petition has been drafted to allege the same identifying information about the standby guardian as is required about the guardian, as well as any conflicts of interest the standby guardian may have. Although not specifically required by K.S.A. 59-3074, the Committee believes the better practice is to include this information. 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. See Form 2501 for examples of both a sworn and unsworn verification. 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.