Kansas Adult Guardianship and Conservatorship Petition Packet

Kansas adult guardianship and conservatorship petition packet

Use the guardianship portions for personal decision needs and conservatorship portions for property or financial needs. Complete both sets of allegations if requesting both appointments. The verified petition is the filing document; the notice and order are proposed forms. K.S.A. 59-30,211(a)(1) applies the 2025 act to proceedings commenced after January 1, 2026.

Filing checklist

• ☐ State Kansas jurisdiction under K.S.A. 59-30,104 and the adult jurisdiction provisions, and county venue under K.S.A. 59-30,106(b) for guardianship and/or (c) for conservatorship.
• ☐ Identify the people required by K.S.A. 59-30,142(b)(1)–(3) and/or 59-30,161(b)(1)–(3), to the extent known. Explain unknown information.
• ☐ Describe respondent's abilities, current supports, alternatives, and why the requested powers are needed. Explain why a limited appointment would be insufficient if requesting full powers.
• ☐ Identify the proposed fiduciary's personal details and conflicts. For conservatorship, estimate property, insurance, pension, and income.
• ☐ Identify any interpreter, translator, or other communication support needed.
• ☐ File the verified petition, request a hearing, serve the petition and notice on respondent, give notice to others as required, and file proof. K.S.A. 59-30,143, 59-30,162, 59-30,114.
• ☐ Address counsel and evaluation with the court under K.S.A. 59-30,145–146 and 59-30,165–166.

Verified petition

IN THE DISTRICT COURT OF [________] COUNTY, KANSAS
In the Matter of [respondent's full name], Respondent
Case No. [________]

Verified petition for: ☐ appointment of guardian for an adult ☐ appointment of conservator for an adult

Petitioner [name] states:

1. Petitioner. Principal residence: [address]. Current street address, if different: [address]. Relationship to respondent: [description]. Interest in appointment: [description]. Petitioner's attorney, if any: [name and address]. Petitioner is ☐ respondent ☐ a person interested in respondent's welfare (guardianship) ☐ a person interested in respondent's estate, financial affairs, or welfare ☐ respondent's guardian (conservatorship). K.S.A. 59-30,142(a), 59-30,161(a).

2. Respondent. Full name: [name]. Age: [age]. Principal residence: [address]. Current street address, if different: [address]. Proposed dwelling if relief is granted: [address]. Interpreter, translator, or other support needed to participate or understand the proceeding: [details or none].

3. Jurisdiction and venue. Facts supporting Kansas jurisdiction: [domicile, home state, significant connection, emergency or other applicable basis and related proceedings]. County basis for guardianship under K.S.A. 59-30,106(b): [facts]. County basis for conservatorship under K.S.A. 59-30,106(c): [facts]. Other pending proceedings in any jurisdiction: [court, case, status, or none known].

4. People and existing supports. Schedule A gives names and current addresses, to the extent known, for the family, care providers, agents, fiduciaries, nominees, and helpers described in K.S.A. 59-30,142(b)(2)–(3) and 59-30,161(b)(2)–(3). Unknown items and efforts to identify them: [explain]. Person whose contact with respondent petitioner seeks to limit, with current address if known (guardianship only): [name/address or none].

5. Guardianship need, if requested. The respondent's ability to meet essential requirements for health, safety, or self-care is limited as follows, including what respondent can do with existing support: [facts]. The limitation in receiving and evaluating information or making or communicating decisions is: [facts]. Supportive services, technology, supported decision making, protective arrangements, and other less restrictive alternatives considered or implemented: [facts, or why none was considered]. Why these cannot meet the identified needs: [facts]. K.S.A. 59-30,141, 59-30,142(b)(5).

6. Guardianship scope and nominee. Request ☐ limited powers: [each decision area and reason] ☐ full powers because limited guardianship or a protective arrangement would not meet these needs: [specific facts]. Proposed guardian: [name, age, date of birth, gender, address, employment, relationship]. Reasons for selection: [facts]. Potential personal or agency conflicts, including interests that could appear self-serving or adverse: [details or none]. Under contract with Kansas guardianship program? [yes/no].

7. Property for guardianship. If respondent has property beyond personal effects, general description and estimated value, including insurance and pension, plus sources and amounts of anticipated income or receipts: [details or none].

8. Conservatorship need, if requested. Respondent cannot manage property or financial affairs because of [limitations even with appropriate supports, or circumstances of disappearance, detention, or inability to return to the United States]. Appointment is necessary to [describe harm or significant dissipation to avoid, or needed funding]. Protective arrangements and other less restrictive alternatives considered or implemented, or why none was considered: [details]. Why insufficient: [facts]. K.S.A. 59-30,160(b), 59-30,161(b)(6).

9. Conservatorship scope and nominee. Request ☐ limited conservatorship over [property] with [powers and limits] ☐ full conservatorship because a limited appointment or protective arrangement would not meet these needs: [facts]. General property and estimated values, including insurance and pension: [details]. Income and other receipts: [sources and estimates]. Proposed conservator: [name, age, date of birth, gender, address, employment, relationship]. Reasons for selection: [facts]. Potential personal or agency conflicts: [details or none].

10. Requested relief. Set a hearing; direct service and notice; address representation and evaluation under the applicable sections; find the statutory standard after hearing; appoint [name] with only necessary powers; identify people entitled to later notice; set the 90-day review hearing under K.S.A. 59-30,150(d) and/or 59-30,170(e); and, for conservatorship, determine bond or another asset-protection arrangement under K.S.A. 59-30,174.

Respectfully submitted: [signature, printed name, address, phone, email, date].

Verification. I, [name], declare under oath or affirmation that I am the petitioner, have read this petition and Schedule A, and that the factual statements are true to the best of my knowledge and belief.
Petitioner: [signature/date]. Subscribed and sworn or affirmed before me on [date]. Notary or authorized officer: [signature and seal; commission expiration].

Schedule A — people to identify

For each applicable category enter name, current address, relationship or role. Use an additional sheet as needed. For anyone who cannot be found, state what is known and the efforts made.

Proposed hearing and representation order

On the petition filed [date], the court sets a hearing for [date, time, place or approved remote-access directions]. Serve the petition and notice on respondent as required by K.S.A. 59-30,143(b) and/or 59-30,162(b). Give notice to persons described in subsection (c) of the applicable section and these additional people: [names]. File proof of notice. The notice shall comply with K.S.A. 59-30,114(c).

For guardianship, the court appoints [attorney] to represent respondent under K.S.A. 59-30,145. For conservatorship, respondent ☐ is represented by [attorney] ☐ is not represented and the court appoints [attorney] under K.S.A. 59-30,165. Evaluation: ☐ court appoints [qualified, disinterested professional or facility] under K.S.A. 59-30,146 and/or 59-30,166 ☐ court finds a filed report satisfies the applicable statute, subject to respondent's statutory request for a further evaluation. Further directions: [________].

Judge: [signature] Date: [________]

Notice of hearing

Use at least 16-point type, plain language, and, to the extent feasible, a language the recipient understands. K.S.A. 59-30,114(c). Adapt service to the court's order.

To: [recipient]
Case: In the Matter of [respondent], No. [________], District Court of [county] County, Kansas
Hearing: [date, time, location or remote-access directions]

A petition asks the court to appoint a guardian to make specified personal decisions for [respondent] and/or a conservator to manage specified property or financial affairs. If granted, some decision-making authority may pass to the appointed person. The respondent may attend the hearing, have an attorney, and tell the court their wishes and objections. An attorney must be appointed for adult guardianship; for conservatorship, the court appoints one unless respondent already has an attorney. A copy of the petition accompanies this notice. For access or communication support, contact [court contact].

Served personally on respondent by [name/method/date/place]: [________]. Other recipients and method/date of notice: [attach proof or list]. For conservatorship, substituted service on respondent requires a court order when whereabouts are unknown or personal service cannot be made. K.S.A. 59-30,162(b).

Proposed appointment order

After the hearing on [date], the court finds:

1. Kansas jurisdiction and county venue rest on [specific facts]. Respondent received the petition and notice by [method/date]; proper notice is established by clear and convincing evidence under K.S.A. 59-30,150(a)(2) and/or 59-30,170(b)(2). Other notice is shown in the filed proofs.
2. Respondent was represented by [attorney]. The court considered respondent's wishes, evaluation, testimony, current supports, and proposed protective arrangements.
3. Guardianship, if granted: Clear and convincing evidence establishes the K.S.A. 59-30,141(a)(1) elements: [separate functional and less restrictive alternative findings]. ☐ Limited guardianship is sufficient. ☐ Full guardianship is required because [specific findings why limited powers do not meet the needs].
4. Conservatorship, if granted: Clear and convincing evidence establishes the K.S.A. 59-30,160(b) elements: [separate inability, necessity, and less restrictive alternative findings]. ☐ Limited conservatorship is sufficient. ☐ Full conservatorship is required because [specific findings why limited powers do not meet the needs].

The court orders:

• [name] is appointed ☐ guardian ☐ conservator. Guardian's powers: [specific powers, or refer to full-appointment finding 3]. Conservator's property and powers: [specific property and powers, or refer to full-appointment finding 4].
• People entitled to later notices, plans, reports, and access under K.S.A. 59-30,150(e) and/or 59-30,170(f): [names and addresses]. Address spouse and adult children under K.S.A. 59-30,150(f) or 59-30,170(g): [findings if excluded].
• Review hearing: [date 90 days after entry, time, place]. Review the guardian's plan and/or conservator's plan and inventory as applicable under K.S.A. 59-30,150(d) and 59-30,170(e).
• Conservator's bond or alternative asset-protection arrangement under K.S.A. 59-30,174: [amount and terms, or findings supporting waiver]. Additional directions: [________].

Judge: [signature] Date entered: [________]

First reporting dates

If appointed, the conservator files an inventory within 60 days under K.S.A. 59-30,181(a), with notice of filing under subsection (b). The guardian reports at least annually under K.S.A. 59-30,157; the conservator reports annually unless the court directs otherwise under K.S.A. 59-30,182. Follow the court's plan and review directions.