Petition For Court Approval Of Written Certificate Of Treating Physician And Concurrence

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 Court Approval Of Written Certificate Of Treating Physician And Concurrence 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:

The guardian will have the power to make the decision to withhold or withdraw life-saving or life sustaining care, treatment, services or procedures, and after the guardian has presented the doctor’s certificate to the Court for review and approval of the certificate. It is important to note that the last sentence of (e)(7)(C) states that the court shall approve the written certificate by order. The court is not approving the withholding or the withdrawing of life-saving or life sustaining care, treatment, services or procedures; it is approving the written certificate of the treating physician. The court is limited to determining whether or not the certified written statement conforms with (e)(7)(C).

Atticus Fast Facts About Petition For Court Approval Of Written Certificate Of Treating Physician And Concurrence

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Court Approval Of Written Certificate Of Treating Physician And Concurrence:

• 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. 59-3075(e)(7)(C), 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 2743 - Petition For Court Approval Of Written Certificate Of Treating Physician And Concurrence 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 2743, 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 2743 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 2743 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 Court Approval Of Written Certificate Of Treating Physician And Concurrence 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?

Sponsored by Atticus App

Need help with Kansas Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

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 2743 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 2743, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Court Approval Of Written Certificate Of Treating Physician And Concurrence 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 2743 - Petition For Court Approval Of Written Certificate Of Treating Physician And Concurrence 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 Court Approval Of Written Certificate Of Treating Physician And Concurrence 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 2743 - Petition For Court Approval Of Written Certificate Of Treating Physician And Concurrence. You can use this to get an idea of the context of the form and what type of information is needed.

2700-92 Kansas Probate Forms 3d 2743 (CAPTION) PETITION FOR COURT APPROVAL OF WRITTEN CERTIFICATE OF TREATING PHYSICIAN AND CONCURRENCE (Petition Pursuant to K.S.A. 59-3075(e)(7)(C)) The Petitioner, Mary Roe, states: \\u0018. I reside at and my present address is \\u0018\\u0018\\u0018 West \\u00180th Street, Hometown, Apache County, Kansas 66648. 2. I am the guardian and conservator of Richard Roe having been appointed on July 3\\u0018, 20\\u00180. 3. The name, age, residence, present whereabouts and permanent address of the ward and conservatee as known to me are: Name: Richard Roe Age: 74 Year of Birth: \\u0018937 Present Whereabouts: Hometown Medical Center, \\u0018\\u001800 Main Street, Hometown, Apache County, Kansas 66648 Permanent Address: 227 Harvard Street, Hometown, Apache County, Kansas 4. I have been presented a certificate from the ward and conservatee's treating physician, Randy Smith, M.D. which is concurred with by (a second physician, John Jones, M.D.) or (the medical Ethics Committee of the Hometown Medical Center chaired by Sam Docus, M.D.) stating that the ward and conservatee is suffering from a malignant brain tumor and is (in a persistent vegetative state) (is suffering from an illness or other medical condition for which further treatment, other than for relief of pain, would not likely prolong the life of the ward and conservatee other than by artificial means, nor would such treatment be likely to restore to the ward and conservatee any significant degree of capabilities beyond those currently possessed.) The Certificate of Treating Physician, accompanied by the certificate of concurring (second physician) (medical ethics committee) are attached to this petition marked Exhibits “A” and “B” and are incorporated by reference. It is my intent to consent on behalf of the ward and conservatee to the (withholding )(withdrawing) of (life-saving)(life sustaining) medical care, 2015 2700-93 Kansas Probate Forms 3d treatment, services or procedures upon the Court's approval of the certificate of the treating physician and the accompanying certificate of concurring (second physician)(medical ethics committee). (5. The names and addresses of the ward and conservatee's spouse or adult children or adult grandchildren or parents or adult siblings, attorney in fact, trustee(s) or court appointed attorney to the extent known are: [Name Address Relationship Mary Roe \\u0018\\u0018\\u0018 W. \\u0018st Street, Hometown, KS 66648 Spouse Bob Roe 333 W. \\u0018st Street, Hometown, KS 66648 Son James Roe 222 N. 2nd Street, Hometown, KS 66648 Grandson.] OR [not known and the petitioner has made diligent inquiry to learn the names of such relatives.]) PETITIONER REQUESTS that the Court: 1. Determine that the written certificate of the treating physician and the accompanying certificate of concurring (second physician)(medical ethics committee) attached to this petition meet the requirements of K.S.A. 59- 3075(e)(7)(C) and approve the same. 2. Issue the following: a. (An order setting this petition for immediate hearing without notice.) (An order fixing the time and place of the hearing on the petition.) [b. Notice in the manner provided by K.S.A. 59-3066;] [b. or c. An order appointing an attorney to represent the ward and conservatee at all stages of the proceedings.] MARY ROE Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 250\\u0018) Reference K.S.A. 53-60\\u0018; 59-3075(e)(7)(C); S. Ct. Rule \\u001823. Comment Under the previous code, a guardian had no power to withhold or withdraw life-saving or life sustaining medical care, treatment, services or procedures. Under the new code that remains a prohibition, unless one of the exceptions set out in subsection (e)(7) of K.S.A. 59-3075 applies. Subsections (e)(7)(A) and (B) deal with statements under the Death Declaration Act and power 2015 2700-94 Kansas Probate Forms 3d of attorney for health care signed by the ward prior to the guardianship proceedings. The petition above and the following forms are created to meet the exception found in subsection (e)(7)(C). The guardian will have the power to make the decision to withhold or withdraw life-saving or life sustaining care, treatment, services or procedures, and after the guardian has presented the doctor’s certificate to the Court for review and approval of the certificate. It is important to note that the last sentence of (e)(7)(C) states that the court shall approve the written certificate by order. The court is not approving the withholding or the withdrawing of life-saving or life sustaining care, treatment, services or procedures; it is approving the written certificate of the treating physician. The court is limited to determining whether or not the certified written statement conforms with (e)(7)(C). Paragraph 5 of the petition is not required by statute but it may be advisable to notify parties and paragraph 5 can be used to do so. The Court may hear the petitioner with or without notice. If notice is utilized the names and addresses will be useful and the appropriate language should be used in the prayer. 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. 2015