Petition To Determine A Person To Be A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment [For An Ex Parte Emergency Custody Order And For A Temporary Custody Order]

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 To Determine A Person To Be A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment [For An Ex Parte Emergency Custody Order And For A Temporary Custody Order] 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 Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment for Care and Treatment and the Petition for Temporary Custody Order may be filed in separate pleadings. This combined form should be used under the circumstances when a person has been taken into custody and placed into a treatment facility or is going to be taken to a treatment facility for inpatient evaluation. A combined form including a Petition for Temporary Custody Order is not needed when the patient remains at liberty prior to the hearing set out in K.S.A. 59-2960(a)(1). In that case, the bracketed material at paragraph 11 may be omitted.

Atticus Fast Facts About Petition To Determine A Person To Be A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment [For An Ex Parte Emergency Custody Order And For A Temporary Custody Order]

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition To Determine A Person To Be A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment [For An Ex Parte Emergency Custody Order And For A Temporary Custody Order]:

• 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. 59-2957(a), K.S.A. 59-2957(b), K.S.A. 59-2958, 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 2121 - Petition To Determine A Person To Be A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment [For An Ex Parte Emergency Custody Order And For A Temporary Custody Order] 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 2121, 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 2121 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 2121 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 To Determine A Person To Be A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment [For An Ex Parte Emergency Custody Order And For A Temporary Custody Order] 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 2121 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 2121, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition To Determine A Person To Be A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment [For An Ex Parte Emergency Custody Order And For A Temporary Custody Order] 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 2121 - Petition To Determine A Person To Be A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment [For An Ex Parte Emergency Custody Order And For A Temporary Custody Order] 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 To Determine A Person To Be A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment [For An Ex Parte Emergency Custody Order And For A Temporary Custody Order] 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 2121 - Petition To Determine A Person To Be A Mentally Ill Person Subject To Involuntary Commitment For Care And Treatment [For An Ex Parte Emergency Custody Order And For A Temporary Custody Order]. You can use this to get an idea of the context of the form and what type of information is needed.

2011 2100-25 Kansas Probate Forms 3d 2121 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Care and Treatment of Betsy Doe Case No. _______ (Application pursuant to K.S.A. Chapter 59) PETITION TO DETERMINE A PERSON TO BE A MENTALLY ILL PERSON SUBJECT TO INVOLUNTARY COMMITMENT FOR CARE AND TREATMENT [FOR AN EX PARTE EMERGENCY CUSTODY ORDER AND FOR A TEMPORARY 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. The name, age, residence, present whereabouts and permanent address of the patient as known to me are: Name: Betsy Doe Age: 29 years Present Whereabouts: Apache County Treatment Facility Permanent Address: 1220 S.E. 12th Street, Hometown, Apache County, KS 3. I believe that the patient is a mentally ill person subject to involuntary commitment for care and treatment. The facts upon which I base my belief are: 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 names and addresses of the patient's spouse, nearest relative or relatives, legal counsel or legal guardian to the extent known are: Name Address Relationship Bob Doe 111 W. 1st St., Hometown, KS 66648 Father Thomas Doe 333 N. 3rd St., Hometown, KS 66648 Brother Susie Doe 222 N. 2nd St., Hometown, KS 66648 Daughter W.B. Pleader Hometown State Bk. Bldg., Hometown, KS 66648 Legal Counsel 2011 2100-26 Kansas Probate Forms 3d 5. The financial circumstances of the patient are, to the extent known: Real property: None Personal property: less than $100 Monthly income: social security in the amount of $350 Employer: unemployed Insurance coverage: None The patient is not able to pay for medical care. 6. The name and address of the person, if any, having custody and control of the patient, to the extent known, are: patient is under emergency observation and treatment at Apache County Treatment Facility, Hometown, Kansas 66648. 7. To the extent known, the patient's current involvement with the criminal justice system is: a.  Unknown b.  None c.  Pending criminal charges: d.  Pending arrest warrants: e.  Other:_______________________________________________ 8. The names and addresses of any witnesses the petitioner believes have knowledge of facts relevant to the issue being brought to the court are: Name Address Thomas Doe 333 N. 3rd, Hometown, KS 66648 Susie Doe 222 N. 2nd, Hometown, KS 66648 Rev. Jim Young 1100 S. Main, Hometown, KS 66648 [9. I request that the patient be sent to the following treatment facility: Apache County Treatment Facility, 1220 S.E. 12th Street, Hometown, Kansas 66648.] [10. An Ex Parte Emergency Custody Order pursuant to K.S.A. 59-2957(b) and 59-2958 is requested, and in support petitioner states: a. The patient should continue to be detained because she is combative and refuses to comply with a treatment plan; b. The patient should continue to be detained at the Apache County Treatment Facility, Hometown, Kansas 66648; c. The Apache County Treatment Facility is willing to accept and detain the patient.] 2100-27 Kansas Probate Forms 3d [11. A Temporary Custody Order pursuant to K.S.A. 59-2959 is requested, and in support petitioner states: a. The patient should be detained prior to the hearing because the patient is combative and refuses to comply with a treatment plan. b. An ex parte emergency custody order was requested. c. The patient is being detained at the Apache County Treatment Facility.] 12. This petition is accompanied by:  a signed statement from a physician, psychologist, or qualified mental health professional as defined by K.S.A. 59-2946 stating that such professional has examined the person and any available records and has found that the person is likely to be a mentally ill person subject to involuntary commitment for care and treatment; or  a verified statement by the petitioner that the petitioner had attempted to have the person seen by a physician, psychologist or qualified mental health professional, but that the person failed to cooperate to such an extent that the examination was impossible to conduct.  the written statement of a qualified mental health professional because immediate admission to a state psychiatric hospital is sought.  a statement of consent to the admission of the proposed patient to the treatment facility named by the petitioner, signed by the head of the treatment facility, or other documentation which shows the willingness of the treatment facility to admit the proposed patient for care and treatment.  a copy of the patient’s written request for discharge. PETITIONER REQUESTS that the court [issue an Ex Parte Emergency Custody Order pursuant to K.S.A. 59-2957(b) and 59-2958;] [issue a Temporary Custody Order pursuant to K.S.A. 59-2959;] issue the preliminary orders required by K.S.A. 59-2960; determine that the person is a mentally ill person subject to involuntary commitment for care and treatment; and make such other orders which are in the best interests of the person. BOB DOE Petitioner 2017 2100-28 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. BOB DOE SIGNED AND SWORN TO (or affirmed) before me on July 1, 2010 by Bob Doe. NEVA WRIGHT Notary Public (SEAL) My Appointment Expires: December 31, 2015 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 July 1, 2010. BOB DOE Petitioner /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 2021 2100-29 Kansas Probate Forms 3d Reference K.S.A. 53-601; 59-2957(a) and (b); 59-2958; S. Ct. Rule 123. Comment The Petition to Determine a Person to be a Mentally Ill Person Subject to Involuntary Commitment for Care and Treatment and the Petition for Temporary Custody Order may be filed in separate pleadings. This combined form should be used under the circumstances when a person has been taken into custody and placed into a treatment facility or is going to be taken to a treatment facility for inpatient evaluation. A combined form including a Petition for Temporary Custody Order is not needed when the patient remains at liberty prior to the hearing set out in K.S.A. 59-2960(a)(1). In that case, the bracketed material at paragraph 11 may be omitted. For admission to a state psychiatric hospital, the “Statement from a Qualified Mental Health Professional Authorizing Admission to a State Psychiatric Hospital” (Form 2105) is required under K.S.A. 59-2957(c)(2) and (d)(4). If admission is sought to a treatment facility other than a state psychiatric hospital, the petition must be accompanied by a statement of consent or other documentation indicating the treatment facility’s willingness to accept the patient. 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