Petition For Ex Parte Emergency Custody Order (Mental Illness)

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

Petition For Ex Parte Emergency Custody Order (Mental Illness) is a commonly used form within Kansas. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

The majority of the time the combined petition set out in Form 2121 will be used. This form will be used if the Ex Parte Emergency Custody Order was not requested when filing the Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment for Care and Treatment. Typically, an Ex Parte Emergency Custody Order is not initially requested when a patient’s behavior does not warrant immediate custody or the patient cannot be taken into custody at the time of the filing of the Petition. If later, but before the trial set out in K.S.A. 59-2965, the patient is found or it is determined that the patient needs immediate hospitalization, then this petition should be filed requesting the Ex Parte Emergency Custody Order (Form 2152). Under these circumstances it would be appropriate to file the Petition for a Temporary Custody Order (Form 2153) when filing this petition. This petition and the Petition for a Temporary Custody Order contain similar information and may be combined.

Atticus Fast Facts About Petition For Ex Parte Emergency Custody Order (Mental Illness)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Ex Parte Emergency Custody Order (Mental Illness):

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 53-60, K.S.A. 59-2958

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 2151 - Petition For Ex Parte Emergency Custody Order (Mental Illness) up to date, certain details can change from time-to-time with little or no communication.

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

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

Step 2 - Complete the Document

Fill out all relevant fields in Form 2151, 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 2151 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 2151 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 Ex Parte Emergency Custody Order (Mental Illness) to the relevant office

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

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

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 2151 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 2151, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Ex Parte Emergency Custody Order (Mental Illness) is one of the many probate court forms available for download through Atticus.

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

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 2151 - Petition For Ex Parte Emergency Custody Order (Mental Illness) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Kansas probate court office.

Petition For Ex Parte Emergency Custody Order (Mental Illness) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Kansas-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Kansas Form 2151 - Petition For Ex Parte Emergency Custody Order (Mental Illness). You can use this to get an idea of the context of the form and what type of information is needed.

2011 2100-60 Kansas Probate Forms 3d 2151 (CAPTION) PETITION FOR EX PARTE EMERGENCY CUSTODY ORDER Bob Doe, Petitioner, states: 1. My address is 111 West 1st Street, Hometown, Apache County, Kansas. My day telephone number is (913) 555-1111. My evening telephone number is (913) 555-2222. 2. I filed a Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment for Care and Treatment on July 1, 2010, but did not request an Ex Parte Emergency Custody Order. The Petition and its attachments are incorporated by reference as if fully set out in this Petition for Ex Parte Emergency Custody Order. 3. The patient should be immediately detained or continue to be detained for the following reasons: the patient physically attacked her brother, threatened him with a knife, has confused thought processes, is combative, and refuses to comply with a treatment plan. 4. The patient should be taken into custody and transported to the Apache County Treatment Facility [which is not a state psychiatric hospital, and is willing to accept and detain the patient]. OR [Admission to a state psychiatric hospital is sought and the necessary written statement from a qualified mental health professional authorizing such admission is attached hereto.] 5. The patient’s present location: 1220 S.E. 12th Street, Hometown, KS. PETITIONER REQUESTS the Court to issue an Ex Parte Emergency Custody Order pursuant to K.S.A. 59-2958. BOB DOE Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 2121) 2100-61 Kansas Probate Forms 3d /s/ John Smith John Smith, # 00000 Assistant Apache County Attorney Apache County Courthouse Hometown, KS 66648 (913) 555-1234 [Fax: (913) 555-1234] jsmith@apacheco.org Reference K.S.A. 53-601 and 59-2958. Comment The majority of the time the combined petition set out in Form 2121 will be used. This form will be used if the Ex Parte Emergency Custody Order was not requested when filing the Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment for Care and Treatment. Typically, an Ex Parte Emergency Custody Order is not initially requested when a patient’s behavior does not warrant immediate custody or the patient cannot be taken into custody at the time of the filing of the Petition. If later, but before the trial set out in K.S.A. 59-2965, the patient is found or it is determined that the patient needs immediate hospitalization, then this petition should be filed requesting the Ex Parte Emergency Custody Order (Form 2152). Under these circumstances it would be appropriate to file the Petition for a Temporary Custody Order (Form 2153) when filing this petition. This petition and the Petition for a Temporary Custody Order contain similar information and may be combined. The petition may request that the patient be taken into custody and transported, or simply detained, depending upon where the patient is located at the time the request for an Ex Parte Emergency Custody Order is filed. The petitioner must be the same person who filed the Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment for Care and Treatment. This petition may be verified by either a sworn or unsworn verification pursuant to K.S.A. 53-601. See Form 2121 for examples of both a sworn and unsworn verification. An unsworn verification need not be signed before a notary public. 2021