Petition To Determine A Person To Be A Person With An Alcohol Or Substance Abuse Problem 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 Person With An Alcohol Or Substance Abuse Problem 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 Person with an Alcohol or Substance Abuse Problem 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 in a social detoxification unit or 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. 59-29b60(a)(1). In paragraph 3, the petitioner may allege that the proposed patient has an alcohol abuse problem, a substance abuse problem, or both. The bracketed material in paragraph 9 may be used when the petitioner is unable to recommend a treatment facility.

Atticus Fast Facts About Petition To Determine A Person To Be A Person With An Alcohol Or Substance Abuse Problem 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 Person With An Alcohol Or Substance Abuse Problem 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. 59-29b57(a), K.S.A. 59-29b57(b), K.S.A. 59-29b58, 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 2221 - Petition To Determine A Person To Be A Person With An Alcohol Or Substance Abuse Problem 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 2221, 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 2221 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 2221 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 Person With An Alcohol Or Substance Abuse Problem 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 2221 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 2221, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition To Determine A Person To Be A Person With An Alcohol Or Substance Abuse Problem 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 2221 - Petition To Determine A Person To Be A Person With An Alcohol Or Substance Abuse Problem 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 Person With An Alcohol Or Substance Abuse Problem 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 2221 - Petition To Determine A Person To Be A Person With An Alcohol Or Substance Abuse Problem 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.

2200-2\\u0018 Kansas Probate Forms 3d 2011 2221 IN THE DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter of the Care and Treatment of Carrie Lynn Case No. _______ (Application pursuant to K.S.A. Chapter 59) PETITION TO DETERMINE A PERSON TO BE A PERSON WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM SUBJECT TO INVOLUNTARY COMMITMENT FOR CARE AND TREATMENT [FOR AN EX PARTE EMERGENCY CUSTODY ORDER AND FOR A TEMPORARY CUSTODY ORDER] Gary Lynn, Petitioner, states: \\u0018. My address is 111 Main Street, Hometown, Apache County, Kansas. My day telephone number is (9\\u00183) 555-\\u0018\\u0018\\u0018\\u0018. My evening telephone number is (9\\u00183) 555-2222. 2. The name, age, residence, present whereabouts and permanent address of the patient as known to me are: Name: Carrie Lynn Age: 28 years Present Whereabouts: Detox Unit at Oakwood State Hospital Permanent Address: 111 Main Street, Hometown, Apache County, KS 3. I believe that the patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment. The facts upon which I base my belief are: the patient has a history of alcoholism, has been consistently drunk for the last month, and has become physically abusive toward the petitioner. The patient is currently in the Detox Unit at Oakwood State Hospital pursuant to an application for emergency admission by a law enforcement officer. 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 Gary Lynn 111 Main St., Hometown, KS 66648 Spouse Shannon Dean 123 Elm St., Hometown, KS 66648 Mother 2200-22 Kansas Probate Forms 3d 5. The financial circumstances of the patient are, to the extent known: Real property: Residential real estate at 111 Main St., Hometown, KS, jointly owned with spouse Personal property: 1998 Toyota Corolla, household goods and personal belongings Monthly income: $\\u0018500 Employer: Super Discount Store, Inc. Insurance coverage: ABC Health Ins. Co. through spouse’s employer 6. The name and address of the person, if any, having custody and control of the patient, to the extent known, is: patient is under emergency observation and treatment at Detox Unit at Oakwood State Hospital. 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 Gary Lynn 111 Main St., Hometown, KS 66648 Shannon Dean 123 Elm St., Hometown, KS 66648 Officer Bill Weber 333 Main St., Hometown, KS 66648 Andy Johnson, Counselor 555 Market St., Hometown, KS 66648 9. I recommend that the patient be sent to Apache Substance Abuse Center, 222 Oak St., Hometown, KS 66648 for care and treatment. [I am unable to recommend a treatment facility, but the Secretary for Aging and Disability Services was notified on July 1, 2010, by fax and was requested to determine a suitable treatment facility.] [10. An Ex Parte Emergency Custody Order pursuant to K.S.A. 59-29b57(b) and 59-29b58 is requested, and in support petitioner states: a. The patient should continue to be detained because the patient is abusing alcohol and is unable to maintain sobriety. b. The patient should continue to be detained at the Detox Unit at Oakwood State Hospital.] 2015 2200-23 Kansas Probate Forms 3d [11. A Temporary Custody Order pursuant to K.S.A. 59-29b59 is requested, and in support petitioner states: a. The patient should be detained prior to the hearing because the patient is abusing alcohol and is unable to maintain sobriety. b. An ex parte emergency custody order was requested. c. The patient is being detained at the Detox Unit at Oakwood State Hospital. d. The patient should be sent to Apache Substance Abuse Center which facility is willing to accept and detain the patient.] 12. This petition is accompanied by: □ a signed statement from a physician, psychologist, or state certified alcohol and substance abuse counselor as defined by K.S.A. 59-29b46 stating that such professional has examined the person and any available records and has found that the person is likely to be a person with an alcohol or substance abuse problem 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 state certified alcohol and substance abuse counselor, but that the person failed to cooperate to such an extent that the examination was impossible to conduct. □ a statement of consent from the recommended treatment facility, signed by the head of that facility, and showing the willingness of the facility to treat the proposed patient. □ a copy of the request that the Secretary for Aging and Disability Services determine an appropriate treatment facility □ 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. 59-29b57(b) and 59-29b58;] [issue a Temporary Custody Order pursuant to K.S.A. 59-29b59;] issue the preliminary orders required by K.S.A. 59-29b60; determine that the person is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment; and make such other orders which are in the best interests of the person. GARY LYNN Petitioner (SWORN OR UNSWORN VERIFICATION) (See Form 2\\u00182\\u0018) 2015 2200-24 Kansas Probate Forms 3d 2011 Reference K.S.A. 53-601; 59-29b57(a) and (b); 59-29b58; S. Ct. Rule 123. Comment The Petition to Determine a Person to be a Person with an Alcohol or Substance Abuse Problem 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 in a social detoxification unit or 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. 59-29b60(a)(1). In paragraph 3, the petitioner may allege that the proposed patient has an alcohol abuse problem, a substance abuse problem, or both. The bracketed material in paragraph 9 may be used when the petitioner is unable to recommend a treatment facility. 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. See Form 504 for required cover sheets and information about the use of personal identifiers in pleadings.