Kansas Adult Guardianship and Conservatorship Petition Packet

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KANSAS ADULT GUARDIANSHIP AND CONSERVATORSHIP PETITION PACKET

Filed in the District Court of the State of Kansas

PART 1 — PRE-PETITION CHECKLIST

A. Standing (K.S.A. § 59-3058)

☐ Petitioner is any adult (or a corporation by an authorized officer)
☐ Petitioner has standing to assert that the proposed ward is "an adult with an impairment in need of a guardian or conservator" under § 59-3053

B. Less Restrictive Alternatives Considered

☐ Durable Power of Attorney — K.S.A. § 58-650 et seq.
☐ Durable Power of Attorney for Health Care — K.S.A. § 58-625 et seq.
☐ Health Care Decision Maker — K.S.A. § 58-632
☐ Living Will / Natural Death Act Declaration — K.S.A. § 65-28,101 et seq.
☐ Representative Payee
☐ Supported Decision-Making
☐ Joint accounts with appropriate safeguards
☐ Trust (revocable / special needs)
☐ Adult Protective Services referral — K.S.A. § 39-1430 et seq.
☐ Case management / community-based services

C. Required Information for Petition (K.S.A. § 59-3058)

☐ Name and address of proposed ward / proposed conservatee
☐ Reasons why need exists
☐ Names and addresses of nearest relatives
☐ Extent of estate
☐ Names and addresses of those who can provide testimony
☐ Name, age, DOB, gender, address, employment, relationship of proposed guardian/conservator
☐ Any personal or agency interest of proposed fiduciary that may be self-serving or adverse

D. Pre-Filing Documentation

☐ Examination and evaluation report (§ 59-3061) — to attach to petition (avoids court order)
☐ Filing fee or poverty affidavit
☐ Consent of proposed guardian/conservator (recommended)
☐ Proposed bond information

PART 2 — VERIFIED PETITION

Court Caption

Field	Entry
Court	IN THE DISTRICT COURT OF [____________________] COUNTY, KANSAS
Division	PROBATE DIVISION
In the Matter of	[FULL LEGAL NAME OF PROPOSED WARD/CONSERVATEE], an Adult Alleged to Have an Impairment in Need of a Guardian and/or Conservator
Case No.	[________________________________]

VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR FOR AN ADULT

COMES NOW [PETITIONER NAME], pursuant to K.S.A. §§ 59-3050 et seq., and respectfully petitions this Court for the appointment of a guardian and/or conservator for the above-named adult, and states:

1. Petitioner

Field	Entry
Name	[________________________________]
Address	[________________________________]
Telephone	[________________________________]
Relationship to Proposed Ward	[________________________________]
Interest in Proceedings	[________________________________]

2. Proposed Ward / Proposed Conservatee

Field	Entry
Full Legal Name	[________________________________]
Date of Birth	[__/__/____]
Age	[____]
Residence (street address)	[________________________________]
County of Residence	[____________________]
Mailing Address	[________________________________]
Telephone	[________________________________]
Marital Status	☐ Single ☐ Married ☐ Divorced ☐ Widowed
Current Location (if different)	[________________________________]

3. Jurisdiction and Venue

The proposed ward/conservatee is an adult who resides in [____________________] County, Kansas. The district court has jurisdiction over the subject matter under K.S.A. § 59-3050. Venue is proper under K.S.A. § 59-3057 (or successor UAGPPJA provision under 2025 HB 2359, as applicable). No competing guardianship proceeding is pending in any other state.

4. Need for Guardianship / Conservatorship (K.S.A. § 59-3053)

The proposed ward/conservatee is an adult whose ability to receive and evaluate relevant information, or to effectively communicate decisions, or both, is impaired to such an extent that the adult lacks the capacity to manage the adult's:

☐ Personal needs (need for GUARDIAN)
☐ Estate (need for CONSERVATOR)
☐ Both

Specific factual basis:

[________________________________________________________________
________________________________________________________________
________________________________________________________________]

5. Functional Limitations

Activity / Domain	Independent	Needs Assistance	Unable
Bathing / Hygiene	☐	☐	☐
Dressing	☐	☐	☐
Eating	☐	☐	☐
Toileting	☐	☐	☐
Mobility	☐	☐	☐
Medication	☐	☐	☐
Medical decisions	☐	☐	☐
Financial management	☐	☐	☐
Communication	☐	☐	☐

6. Nearest Relatives (K.S.A. § 59-3058)

Relationship	Name	Address
Spouse	[________________________________]	[________________________________]
Adult Child	[________________________________]	[________________________________]
Adult Child	[________________________________]	[________________________________]
Parent	[________________________________]	[________________________________]
Sibling	[________________________________]	[________________________________]
Sibling	[________________________________]	[________________________________]
Other person standing in loco parentis	[________________________________]	[________________________________]

7. Persons with Knowledge

Name	Address	Knowledge Of
[________________________________]	[________________________________]	[________________________________]
[________________________________]	[________________________________]	[________________________________]
[________________________________]	[________________________________]	[________________________________]

8. Description of Estate

Asset	Description	Approx. Value
Real Property	[________________________________]	$[____________]
Bank Accounts	[________________________________]	$[____________]
Investments	[________________________________]	$[____________]
Retirement / Pension	[________________________________]	$[____________]
Vehicles	[________________________________]	$[____________]
Personal Property	[________________________________]	$[____________]
Insurance / Annuities	[________________________________]	$[____________]
Other	[________________________________]	$[____________]
TOTAL ESTATE VALUE		$[____________]
Monthly Income		$[____________]

9. Proposed Guardian and/or Conservator (K.S.A. § 59-3058)

Field	Entry
Name	[________________________________]
Age	[____]
Date of Birth	[__/__/____]
Gender	[____________________]
Address	[________________________________]
Place of Employment	[________________________________]
Relationship to Petitioner	[________________________________]
Relationship to Proposed Ward	[________________________________]
Kansas Resident?	☐ Yes ☐ No
Disclosure of personal or agency interest that may be self-serving or adverse	[________________________________]
Criminal record disclosure	☐ None ☐ Disclosure attached

10. Type of Authority Requested

☐ Guardianship only
☐ Conservatorship only
☐ Both

☐ Plenary
☐ Limited — specify: [________________________________]

Specific Guardian Powers (K.S.A. § 59-3069):

☐ Determine residence (subject to statutory restrictions on placement)
☐ Consent to medical treatment
☐ Manage personal mail
☐ Apply for public benefits
☐ Education / training decisions
☐ Other: [________________________________]

Specific Conservator Powers (K.S.A. § 59-3078, § 59-3079):

☐ Receive and manage income
☐ Pay expenses
☐ Maintain real property
☐ Manage investments
☐ Institute / defend legal actions
☐ Other (with court approval as required): [________________________________]

11. Less Restrictive Alternatives

[________________________________________________________________
________________________________________________________________]

12. Examination and Evaluation Report (K.S.A. § 59-3061)

☐ Examination and evaluation report ATTACHED (avoids court-ordered evaluation)
☐ Petitioner requests the Court order an examination and evaluation under § 59-3064

13. Prayer for Relief

WHEREFORE, Petitioner respectfully prays this Court:

a. Issue the mandatory preliminary orders required by K.S.A. § 59-3063, including:
i. Order fixing date, time, and place of trial (7–21 days);
ii. Order requiring proposed ward to appear (unless excused for good cause);
iii. Order appointing an attorney to represent the proposed ward/conservatee — MANDATORY;
iv. Order fixing a consultation date with appointed counsel;
v. Notice under § 59-3066;
vi. Order for examination and evaluation under § 59-3064 (if not attached).
b. Conduct trial under § 59-3067 and find by clear and convincing evidence that the proposed ward is an adult with an impairment in need of a guardian and/or conservator;
c. Appoint [PROPOSED FIDUCIARY] as guardian and/or conservator with the powers requested;
d. Set bond under K.S.A. § 59-3078;
e. Order initial inventory under § 59-3083;
f. Order annual report and accounting under § 59-3086;
g. Grant other relief as the Court deems just and proper.

VERIFICATION

STATE OF KANSAS )
COUNTY OF [____________________] ) ss.

I, [PETITIONER NAME], being first duly sworn, state under oath that I am the Petitioner herein; that I have read the foregoing Petition; and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

Field	Entry
Signature of Petitioner	[________________________________]
Printed Name	[________________________________]
Date	[__/__/____]

SUBSCRIBED AND SWORN to before me this [____] day of [____________________], [____].

Notary	Entry
Notary Signature	[________________________________]
Notary Public, State of Kansas	(Seal)
Commission Expires	[__/__/____]

PART 3 — MANDATORY PRELIMINARY ORDERS (K.S.A. § 59-3063)

PROPOSED ORDER — MANDATORY PRELIMINARY ORDERS

Upon the filing of the Verified Petition, IT IS HEREBY ORDERED:

A. Trial Date (§ 59-3063(a)(1))

The trial on the Petition shall be conducted as follows (7 to 21 days after filing):

Field	Entry
Date	[__/__/____]
Time	[____] ☐ AM ☐ PM
Location	[________________________________]

B. Appearance of Proposed Ward (§ 59-3063(a)(2))

The proposed ward/conservatee SHALL APPEAR at the time and place of trial, unless the Court enters specific findings that:

☐ Presence would be injurious to person's health or welfare
☐ The impairment is such that the person could not meaningfully participate
☐ The person has filed a written waiver

C. Appointment of Attorney (§ 59-3063(a)(3)) — MANDATORY

The Court hereby APPOINTS [ATTORNEY NAME], a member in good standing of the Kansas Bar, as attorney to represent the proposed ward/conservatee. This appointment is MANDATORY under K.S.A. § 59-3063(a)(3). Preference is given to any attorney who has previously represented the proposed ward or whom the proposed ward has requested.

Attorney Information	Entry
Name	[________________________________]
Kansas Bar No.	[________________________________]
Address	[________________________________]
Telephone	[________________________________]

The proposed ward/conservatee, if an adult, may retain counsel of choice and the court-appointed attorney shall be relieved.

D. Consultation Date (§ 59-3063(a)(4))

The proposed ward/conservatee shall consult with appointed counsel by:

Field	Entry
Date	[__/__/____] (not later than 5 days before trial; if evaluation ordered, prior to evaluation)
Time	[____] ☐ AM ☐ PM
Location	[________________________________]

E. Notice (§ 59-3063(a)(5); § 59-3066)

Notice shall issue under K.S.A. § 59-3066.

F. Examination and Evaluation (§ 59-3063(a)(6); § 59-3064)

☐ Report attached to Petition — no further order needed
☐ Court orders examination and evaluation under § 59-3064 — examiner: [________________________________]

Signed by Judge	[________________________________]
Date	[__/__/____]

PART 4 — NOTICE TO PROPOSED WARD AND INTERESTED PERSONS (K.S.A. § 59-3066)

NOTICE OF HEARING

TO: [PROPOSED WARD NAME] and all interested persons:

A PETITION HAS BEEN FILED IN THIS COURT SEEKING THE APPOINTMENT OF A GUARDIAN AND/OR CONSERVATOR FOR YOU. IF GRANTED, IMPORTANT LEGAL RIGHTS MAY BE TAKEN AWAY.

Rights of the Proposed Ward Under K.S.A.

Right	Statutory Basis
Court-appointed attorney (MANDATORY)	K.S.A. § 59-3063(a)(3)
To be present at trial	K.S.A. § 59-3063(a)(2); § 59-3067
To present evidence and cross-examine witnesses	K.S.A. § 59-3067
To a trial by jury (upon timely demand)	K.S.A. § 59-3067(b)
To an independent examination	K.S.A. § 59-3064
To least restrictive alternative	K.S.A. § 59-3068

Hearing Information

Detail	Entry
Date	[__/__/____]
Time	[____] ☐ AM ☐ PM
Court	District Court of [____________________] County, Kansas
Address	[________________________________]
Judge	[________________________________]

Service shall be made under K.S.A. § 59-3066 — typically personal service on the proposed ward; service on nearest relatives and interested persons by certified mail or as ordered.

PART 5 — EXAMINATION AND EVALUATION (K.S.A. §§ 59-3061, 59-3064)

EXAMINATION AND EVALUATION REPORT

A. Examiner

Field	Entry
Name	[________________________________]
Kansas License No.	[________________________________]
Profession	☐ Physician (M.D./D.O.) ☐ Psychologist ☐ APRN ☐ Other qualified professional
Specialty	[________________________________]
Address	[________________________________]
Telephone	[________________________________]

B. Examination

Field	Entry
Date(s) of Personal Examination	[__/__/____]
Location	[________________________________]
Records Reviewed	[________________________________]
Collateral Sources	[________________________________]

C. Required Report Contents (K.S.A. § 59-3064)

Physical and Mental Condition:

[________________________________]

Cognitive and Functional Abilities and Limitations:

[________________________________]

Adaptive Behaviors:

[________________________________]

Social Skills:

[________________________________]

Educational and Developmental Potential:

[________________________________]

Prognosis for Improvement:

[________________________________]

Recommendation for Treatment or Rehabilitation:

[________________________________]

D. Opinion (Required by § 59-3064)

In my professional opinion:

The proposed ward/conservatee ☐ IS / ☐ IS NOT an adult with an impairment in need of a guardian.

The proposed ward/conservatee ☐ IS / ☐ IS NOT an adult with an impairment in need of a conservator.

The proposed ward/conservatee ☐ COULD / ☐ COULD NOT meaningfully participate in the proceedings.

Least restrictive alternative recommendation: [________________________________]

Signature	[________________________________]
Date	[__/__/____]

PART 6 — LESS RESTRICTIVE ALTERNATIVE ANALYSIS

LRA STATEMENT FOR THE COURT

Alternative	Considered?	Inadequacy Finding
Durable Power of Attorney (K.S.A. § 58-650)	☐ Yes ☐ N/A	[________________________________]
DPOA for Health Care (K.S.A. § 58-625)	☐ Yes ☐ N/A	[________________________________]
Health Care Decision Maker (§ 58-632)	☐ Yes ☐ N/A	[________________________________]
Representative Payee	☐ Yes ☐ N/A	[________________________________]
Supported Decision-Making	☐ Yes ☐ N/A	[________________________________]
Trust	☐ Yes ☐ N/A	[________________________________]
APS / Community Services	☐ Yes ☐ N/A	[________________________________]
Limited (vs. plenary) appointment	☐ Yes ☐ N/A	[________________________________]

PART 7 — BOND (K.S.A. § 59-3078)

BOND DETERMINATION

Field	Entry
Type of Appointment	☐ Guardian only ☐ Conservator only ☐ Both
Estimated Estate Value	$[____________]
Estimated Annual Income	$[____________]
Proposed Bond Amount (conservator)	$[____________]
Surety Company	[________________________________]
Restricted account / Bond substitute?	☐ Yes ☐ No
Bond Waiver Authority	[________________________________]

Note: Bond is generally required of a conservator in an amount sufficient to protect the personal estate and one year's anticipated income. Bond may not be required of a guardian unless the court so orders.

PART 8 — NOTICE OF HEARING (Master)

NOTICE OF HEARING

PLEASE TAKE NOTICE that the trial on the Verified Petition will be conducted:

Detail	Entry
Date	[__/__/____]
Time	[____] ☐ AM ☐ PM
Court	District Court of [____________________] County, Kansas
Address	[________________________________]
Judge	[________________________________]
Format	☐ In-person ☐ Remote ☐ Hybrid
Jury Demand	☐ None ☐ Filed by proposed ward

PART 9 — PROPOSED ORDER (K.S.A. § 59-3068)

ORDER APPOINTING GUARDIAN AND/OR CONSERVATOR

THIS MATTER came on for trial under K.S.A. § 59-3067. The proposed ward was represented by counsel as required by § 59-3063(a)(3). The Court, having received the testimony of witnesses, the examination and evaluation report under § 59-3064, and the argument of counsel, FINDS:

The Court has jurisdiction under K.S.A. § 59-3050 (or UAGPPJA successor as enacted by 2025 HB 2359) and venue is proper.
Notice was given as required by K.S.A. § 59-3066.
The proposed ward/conservatee was represented by court-appointed counsel under § 59-3063(a)(3).
By CLEAR AND CONVINCING EVIDENCE the proposed ward/conservatee is an adult with an impairment in need of a guardian and/or conservator within the meaning of K.S.A. § 59-3053, in that the proposed ward/conservatee's ability to receive and evaluate relevant information or to effectively communicate decisions is impaired to such an extent that the adult lacks the capacity to manage the adult's personal needs and/or estate.
Less restrictive alternatives have been considered and are insufficient.
The least restrictive scope of guardianship and/or conservatorship that addresses the proposed ward's needs is:

[________________________________]

The proposed fiduciary is qualified to serve.

IT IS THEREFORE ORDERED:

a. [FIDUCIARY NAME] is appointed ☐ Guardian ☐ Conservator ☐ Both of [WARD/CONSERVATEE NAME], with the powers stated above;
b. ☐ Plenary ☐ Limited authority (limitations as specified);
c. Bond is set at $[____________] (conservator) pursuant to § 59-3078;
d. Letters shall issue upon qualification;
e. The Conservator shall file an Initial Inventory within 30 days under K.S.A. § 59-3083;
f. The Guardian shall file an Annual Report and the Conservator an Annual Accounting under K.S.A. § 59-3086;
g. The Ward retains all rights not specifically removed by this Order.

Signed by District Judge	[________________________________]
Date	[__/__/____]

PART 10 — LETTERS OF GUARDIANSHIP / CONSERVATORSHIP

LETTERS OF GUARDIANSHIP / CONSERVATORSHIP

THE DISTRICT COURT OF [____________________] COUNTY, KANSAS certifies that [FIDUCIARY NAME] has been duly appointed and qualified as ☐ Guardian ☐ Conservator ☐ Both of [WARD NAME], by Order entered [__/__/____], with the powers set forth in such Order.

These Letters remain in full force and effect until revoked or until the appointment otherwise terminates by operation of law.

Issued by Clerk of District Court	[________________________________]
Court Seal	[________________________________]
Date Issued	[__/__/____]

PART 11 — INITIAL INVENTORY (K.S.A. § 59-3083)

INITIAL VERIFIED INVENTORY

DUE: Within 30 days of qualification (per K.S.A. § 59-3083; verify any local rule variation).

Asset Category	Description	Fair Market Value
Real Property	[________________________________]	$[____________]
Cash / Demand Deposits	[________________________________]	$[____________]
Savings / CD	[________________________________]	$[____________]
Brokerage / Investments	[________________________________]	$[____________]
Retirement (IRA/401(k)/Pension)	[________________________________]	$[____________]
Life Insurance (cash value)	[________________________________]	$[____________]
Annuities	[________________________________]	$[____________]
Vehicles	[________________________________]	$[____________]
Tangible Personal Property	[________________________________]	$[____________]
Business Interests	[________________________________]	$[____________]
Notes Receivable	[________________________________]	$[____________]
Other	[________________________________]	$[____________]
TOTAL		$[____________]

Monthly Income

Source	Amount
Social Security / SSI	$[____________]
Pension	$[____________]
VA Benefits	$[____________]
Investment Income	$[____________]
Other	$[____________]
TOTAL MONTHLY	$[____________]

Liabilities

Creditor	Description	Balance
[________________________________]	[________________________________]	$[____________]
[________________________________]	[________________________________]	$[____________]

VERIFICATION: I declare under penalty of perjury under the laws of Kansas that the foregoing is true and complete.

Conservator Signature	[________________________________]
Date	[__/__/____]

PART 12 — ANNUAL REPORT AND ACCOUNTING (K.S.A. § 59-3086)

ANNUAL REPORT OF GUARDIAN (§ 59-3086)

Reporting Period: [__/__/____] to [__/__/____]

Section	Required Content
1. Current living situation	[________________________________]
2. Current physical, mental, social condition	[________________________________]
3. Medical, social, professional services received	[________________________________]
4. Significant actions taken by Guardian	[________________________________]
5. Frequency of contact between Guardian and Ward	[________________________________]
6. Guardian's opinion regarding continued need	[________________________________]
7. Plan for coming year	[________________________________]

ANNUAL ACCOUNTING OF CONSERVATOR (§ 59-3086)

Item	Beginning Balance	Receipts	Disbursements	Ending Balance
Cash	$[____________]	$[____________]	$[____________]	$[____________]
Investments	$[____________]	$[____________]	$[____________]	$[____________]
Real Property	$[____________]	$[____________]	$[____________]	$[____________]
TOTAL	$[____________]	$[____________]	$[____________]	$[____________]

Schedules attached: ☐ Receipts ☐ Disbursements ☐ Investments ☐ Vouchers ☐ Bond Renewal Certificate

VERIFICATION:

Conservator Signature	[________________________________]
Date	[__/__/____]

PART 13 — TRANSITIONAL NOTICE: 2025 HB 2359

KANSAS UAGPPJA / UGCOPAA NOTICE

Kansas HB 2359 (2025 Session Laws Chapter 40) enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act and the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, and repealed numerous sections of the prior Act, including K.S.A. 59-3050, 59-3054, 59-3057, 59-3063, 59-3064, 59-3066, 59-3071, 59-3072, 59-3074, 59-3076, and many others, as well as K.S.A. 2024 Supp. 59-3051 through 59-3097 (with specified exceptions).

Practitioners should:

Verify the effective date of HB 2359;
Identify whether the matter falls under the new or legacy framework based on transitional provisions;
Apply the new UAGPPJA jurisdictional analysis and UGCOPAA standards if applicable;
Update statutory citations in the petition to reference renumbered/replaced sections as required.

SOURCES AND REFERENCES

Kansas Statutes Chapter 59 (Probate Code): https://ksrevisor.gov/statutes/ksa_ch59.html
K.S.A. § 59-3063 (Mandatory Preliminary Orders): https://codes.findlaw.com/ks/chapter-59-probate-code/ks-st-sect-59-3063/
Kansas Guardianship Program: https://ksgprog.org/
2025 Session Laws of Kansas, Chapter 40 (HB 2359): https://www.sos.ks.gov/publications/sessionlaws/2025/Chapter-40-HB-2359.html
Kansas Judicial Branch Probate Forms: https://www.kscourts.org/

END OF KANSAS ADULT GUARDIANSHIP AND CONSERVATORSHIP PETITION PACKET

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Last updated: May 2026

Kansas Adult Guardianship and Conservatorship Petition Packet