Petition For Appointment Of Guardian [And Standby Guardian] For A Minor With An Impairment (Involuntary)

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 Standby Guardian] For A Minor With An Impairment (Involuntary) 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 Petition For Appointment Of Guardian [And Standby Guardian] For A Minor With An Impairment (Involuntary)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of Guardian [And Standby Guardian] For A Minor With An Impairment (Involuntary):

• 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 2614 - Petition For Appointment Of Guardian [And Standby Guardian] For A Minor With An Impairment (Involuntary) 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 2614, 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 2614 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 2614 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 Standby Guardian] For A Minor With An Impairment (Involuntary) 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 2614 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 2614, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Appointment Of Guardian [And Standby Guardian] For A Minor With An Impairment (Involuntary) 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 2614 - Petition For Appointment Of Guardian [And Standby Guardian] For A Minor With An Impairment (Involuntary) 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 Standby Guardian] For A Minor With An Impairment (Involuntary) 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 2614 - Petition For Appointment Of Guardian [And Standby Guardian] For A Minor With An Impairment (Involuntary). You can use this to get an idea of the context of the form and what type of information is needed.

2021 2600-40 Kansas Probate Forms 3d 2614 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Guardianship of No.__________ Richard Roe, a minor with an impairment (Pursuant to K.S.A. Chapter 59) PETITION FOR APPOINTMENT OF GUARDIAN [AND STANDBY GUARDIAN] FOR A MINOR WITH AN IMPAIRMENT Mary Roe, petitioner, states: \\u0018. My address is \\u0018\\u0018\\u0018 West \\u00180 th Street, Hometown, Apache County, Kansas 66648. 2. The name, age, date of birth, permanent residence, and present whereabouts of the proposed ward as known to me are: Name: Richard Roe Age: \\u00182 years Year of Birth: \\u0018999 Present Whereabouts: \\u0018\\u0018\\u0018 West \\u00180 th Street, Hometown, Apache County, Kansas 66648 Permanent Residence: \\u0018\\u0018\\u0018 West \\u00180 th Street, Hometown, Apache County, Kansas 66648 3. The places where the minor has lived during the last five years and the names and present addresses of the persons with whom the minor has lived during that period are: Richard Roe lived with his parents, Charles and Jane Roe, at 200 Harvard Street, Hometown, Kansas, from his birth until his parents’ death on April \\u0018, 2008. Since then he has lived with his aunt, the Petitioner Mary Roe, at \\u0018\\u0018\\u0018 West \\u00180th Street, Hometown, Kansas. 4. I believe the proposed ward is a minor with an impairment in need of a guardian. The facts upon which I base my belief are: he is under \\u00188 years of age and has an IQ of less than 70 due to an extremely high temperature during an extended illness in 2002, which has left him permanently deaf. 2021 2600-4\\u0018 Kansas Probate Forms 3d 5. To the extent known, after diligent inquiry, the names and addresses of the proposed ward’s spouse, natural guardians, grandparents, and children are: Name Address Relationship Mary Roe \\u0018\\u0018\\u0018 West \\u00180 th Street, Hometown, KS 66648 Aunt Bob Roe 333 North 3 rd Street, Hometown, KS 66648 Grandfather Ruth Roe 222 North 2 nd Street, Hometown, KS 66648 Grandmother Charles and Jane Roe, the parents of Richard Roe, are deceased. 6. To the extent known, after diligent inquiry, the names and addresses of all persons or corporations nominated by a natural guardian to be the guardian and conservator, appointed permanent guardian pursuant to K.S.A. 35-\\u0018584, appointed as a fiduciary by any court order, and having or claiming a right to custody of or visitation with Richard Roe are: Richard Roe is not presently under the custody of any other person or agency. 7. Petitioner has been unable to determine through diligent inquiry whether Richard Roe is a party to, the subject of, or a beneficiary of any court proceeding in which his rights may be affected or determined. 8. The general type, location, and probable value of the personal property and the amount and sources of any income of the proposed ward’s estate are: Probable Type Location Estimated Value Annual Income Personal property Household items $\\u0018,500.00 none at residence Social Security $800.00/mo. $9,600.00 Mary Roe is representative payee and has been receiving funds since the death of Charles and Jane Roe on April \\u0018, 2008. 9. The truth of this petition may be proved by: Name Address Mary Roe \\u0018\\u0018\\u0018 West \\u00180 th Street, Hometown, KS 66648 Bob Roe 333 North 3 rd Street, Hometown, KS 66648 James Roe 444 North 4 th Street, Hometown, KS 66648 \\u00180. The petitioner Mary Roe, \\u0018\\u0018\\u0018 West \\u00180 th Street, Hometown, Kansas, the aunt of Richard Roe, is a fit and proper person to be appointed guardian. Mary Roe is a woman, born in \\u0018962, who is 49 years of age and whose place of employment is Hometown Hospital. Mary Roe has the following personal or agency interests that might be perceived as self-serving or adverse to the position or best interest of Johnny Roe: Mary Roe is the representative payee for Johnny Roe's social security payments. 2021 2600-42 Kansas Probate Forms 3d \\u0018\\u0018. Mary Roe, as guardian for Richard Roe, periodically is required to be out of state on commitments to her business and it would be in the best interests of the proposed Ward to have the court appoint a standby guardian. Bob Roe, 333 N. 3 rd Street, Hometown, Kansas 66648, who is the grandfather of Richard Roe, is a fit and proper person to be appointed standby guardian of Richard Roe. Bob Roe is a man, born in \\u0018942, who is 69 years of age and who is not employed. Bob Roe has no personal or agency interests that might be perceived as self-serving or adverse to the position or best interest of Johnny Roe. \\u00182. Mary Roe and Bob Roe have completed the instructional program required by K.S.A. 59-3069(j), and evidence of completion is attached. 13. This Petition is accompanied by a report of a qualified professional stating the results of an examination and evaluation of the proposed ward with regard to whether the proposed ward has an impairment and is in need of a guardian. The report meets all requirements K.S.A. 59-3064 and request is made to accept this report in lieu of ordering any additional examination and evaluation. PETITIONER REQUESTS that the Court: \\u0018. Determine by clear and convincing evidence that Richard Roe is a minor with an impairment in need of a guardian. 2. Appoint Mary Roe as guardian of Richard Roe and order that this appointment extend beyond Richard Roe's eighteenth birthday. 3. Appoint Bob Roe as standby guardian of Richard Roe. 4. Issue the following: a. An order fixing the date, time and place of the trial on petition. b. An order that temporary custody of Richard Roe be granted to Mary Roe. c. An order that the presence of Richard Roe at the trial is not required because it would be injurious to his health or welfare. d. An order appointing an attorney to represent Richard Roe at all stages in this proceeding to final determination of the petition and any appeal. e. An order fixing the date, time and place that is in the best interests 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. 2021 2600-43 Kansas Probate Forms 3d f. Notice in the manner provided by K.S.A. 59-3066. g. An order finding that the report of the examination and evaluation of the proposed Ward meets the requirements of K.S.A. 59-3064 and therefore no additional examination or evaluation is required. MARY ROE Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 250\\u0018) Reference K.S.A. 53-60\\u0018; 59-3060; 59-3063; 59-3064; 59-3065; 59-3068; 59-3069; and S. Ct. Rule \\u001823. Time Petition may be filed at any time before age 18. Comment Petition allows a factual determination of impairment during minority for a permanent appointment. Petition may be for both a guardian and conservator where there is a need. See Form 504 for required cover sheets and information about the use of personal identifiers in pleadings. As of July \\u0018, 20\\u00180, the petition must plead the places where the minor has lived during the last five years and the names and present addresses of the persons with whom the minor has lived during that period. K.S.A. 59-3060(b)(3). In paragraph \\u00180, the petition pleads the name, age, date of birth, gender, address and place of employment of the proposed guardian as required by K.S.A. 59-3060(b)(\\u0018\\u0018). 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 \\u00180, the petition also pleads that the proposed guardian and conservator has a personal or agency interest that may be perceived as self-serving or adverse to the interests of the proposed ward. See K.S.A. 59-3060(b)(11). For examples of petitions where no conflict of interest is alleged, see Forms 250\\u0018 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). In paragraph \\u0018\\u0018, the petition alleges 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. 2021 2600-44 Kansas Probate Forms 3d 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 guardian and standby guardian have 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 2601 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. 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.