Petition for Appointment of Guardian
(Kansas – Probate Division)
*[// GUIDANCE: This template is drafted to meet Kansas guardianship standards under K.S.A. 59-3050 et seq., including reporting and bond requirements. All bracketed text must be completed or deleted prior to filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Allegations & Requests
- Representations & Warranties of Petitioner
- Covenants & Continuing Obligations of Proposed Guardian
- Default, Suspension & Removal
- Risk Allocation
- Dispute Resolution & Governing Law
- General Provisions
- Execution, Verification & Notarization
1. DOCUMENT HEADER
Caption
IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS
PROBATE DIVISION
In the Matter of the Guardianship of
[WARD FULL LEGAL NAME],
An [☐ Adult ☐ Minor] Case No. __
PETITION FOR APPOINTMENT OF [☐ GUARDIAN ☐ GUARDIAN AND CONSERVATOR]
Recitals
A. Petitioner, [PETITIONER NAME], is [relationship to Ward] and a resident of [County], Kansas.
B. The Ward is an [☐ adult / date of birth: _] [☐ minor / date of birth: ___] who is alleged to be in need of a guardian pursuant to K.S.A. 59-3050 and related provisions.
C. Venue lies with this Court under K.S.A. 59-1705 because the Ward is domiciled or present in [County], Kansas.
D. Petitioner seeks appointment of [PROPOSED GUARDIAN NAME] to serve as Guardian under the terms, limitations, and reporting duties prescribed by Kansas law and this Court.
Effective Date: Upon entry of the Order of Appointment by this Court.
Jurisdiction: State of Kansas, Probate Division, pursuant to K.S.A. 59-3050 et seq.
2. DEFINITIONS
For ease of reference, capitalized terms have the meanings set forth below:
“Bond” – The surety bond required of a guardian under K.S.A. 59-3063, as set by the Court.
“Court” – The District Court of [County] County, Kansas, Probate Division.
“Fiduciary Duty” – The highest duty of loyalty and care imposed upon a guardian by Kansas law.
“Guardian” – The individual appointed by the Court to exercise the powers and duties authorized herein.
“Guardianship Estate” – All property, rights, and benefits subject to the Guardian’s control, if any.
“Report” – Any initial, annual, or special report required by K.S.A. 59-3069 and Supreme Court Rule 170.
“Ward” – The person for whom a guardian is sought under this Petition.
3. OPERATIVE ALLEGATIONS & REQUESTS
3.1 Ward Information
(a) Full Name: [_]
(b) Date of Birth/Age: [_]
(c) Present Address: [__]
(d) Current Residence Type: [private home / facility]
3.2 Alleged Incapacity (Adult) / Parental Absence or Need (Minor)
[Provide specific facts establishing need for guardianship, e.g., medical diagnosis, functional limitations, abandonment, or parental consent. Attach physician’s evaluation when available.]
3.3 Proposed Guardian
(a) Name: [_]
(b) Relationship to Ward: [_]
(c) Address & Phone: [__]
(d) Statement of Qualification: [education, experience, no felony convictions, etc.]
3.4 Specific Powers Requested
☐ Full guardianship of person
☐ Limited guardianship (specify retained rights of Ward): [__]
☐ Temporary guardianship pending hearing (K.S.A. 59-3073)
3.5 Bond Requirement
Petitioner requests the Court set Bond in the amount of $[_] pursuant to K.S.A. 59-3063, or waive Bond for good cause shown [state facts if waiver sought].
3.6 Service & Notice
Petitioner will cause notice of hearing to be served on:
• The Ward;
• Any legally required interested persons under K.S.A. 59-3066;
• The proposed Guardian.
3.7 Prayer for Relief
Petitioner respectfully requests that the Court:
1. Schedule a hearing on this Petition;
2. Appoint [PROPOSED GUARDIAN] as Guardian of the person of the Ward;
3. Determine Bond requirements;
4. Grant all other just and equitable relief.
4. REPRESENTATIONS & WARRANTIES OF PETITIONER
4.1 Accuracy. Petitioner warrants that all facts stated herein are true to the best of Petitioner’s knowledge, information, and belief.
4.2 Eligibility. Petitioner represents that the proposed Guardian:
(a) Is at least 18 years old and of sound mind;
(b) Has no disqualifying felony convictions;
(c) Understands and accepts the fiduciary duties imposed by Kansas law.
4.3 Conflicts. Petitioner discloses any potential conflicts of interest in Exhibit A.
4.4 Survival. The warranties in this Section survive the appointment of the Guardian and remain enforceable.
5. COVENANTS & CONTINUING OBLIGATIONS OF PROPOSED GUARDIAN
The proposed Guardian, upon appointment, covenants as follows:
5.1 Initial Plan. File an Initial Guardianship Plan within 30 days of appointment.
5.2 Annual Reports. File annual Reports on the Ward’s condition and the Guardianship Estate in compliance with K.S.A. 59-3069 and Supreme Court Rule 170.
5.3 Standard of Care. Exercise all duties in strict accordance with Fiduciary Duty and the least-restrictive alternative standard under K.S.A. 59-3075.
5.4 Notice of Material Change. Provide written notice to the Court and interested persons within 14 days of any material change in the Ward’s residence, health, or financial status.
5.5 Record Keeping. Maintain contemporaneous records and make them available for Court review on request.
6. DEFAULT, SUSPENSION & REMOVAL
6.1 Events of Default. The following constitute defaults:
(a) Failure to file required Reports;
(b) Misapplication of Guardianship Estate assets;
(c) Breach of Fiduciary Duty;
(d) Violation of any Court Order.
6.2 Remedies. Upon default, any interested person may petition for:
(a) Accounting;
(b) Suspension of powers;
(c) Removal and appointment of a successor guardian;
(d) Surcharge against Bond;
(e) Contempt sanctions.
6.3 Cure Period. Except in emergencies, the Court may allow a 15-day cure period before imposing remedies.
7. RISK ALLOCATION
7.1 Bond. The Guardian shall obtain and maintain the Bond set by the Court. Proceeds are the sole liability cap for acts within the scope of guardianship, except for willful misconduct or gross negligence.
7.2 Indemnification. To the extent permitted by law, the Guardianship Estate shall indemnify the Guardian for acts taken in good faith and in compliance with the Court’s orders.
7.3 Force Majeure. The Guardian is not liable for failure to perform duties when performance is prevented by events beyond reasonable control, provided the Guardian promptly notifies the Court and seeks instructions.
8. DISPUTE RESOLUTION & GOVERNING LAW
8.1 Governing Law. This guardianship is governed by the laws of the State of Kansas, including the Kansas Probate Code, K.S.A. 59-101 et seq.
8.2 Exclusive Forum. All proceedings shall be brought exclusively in the Probate Division of the District Court of [County] County, Kansas.
8.3 Injunctive Relief. The Court retains inherent authority to issue protective orders and other equitable relief as necessary for the Ward’s best interests.
8.4 Jury Trial. No right to jury trial exists in probate guardianship determinations (no jury waiver required).
9. GENERAL PROVISIONS
9.1 Amendment. Any amendment to the guardianship powers must be approved by Court Order.
9.2 Assignment. Guardianship duties may not be delegated or assigned except by Court appointment of a successor guardian.
9.3 Severability. If any provision herein is held unenforceable, the remaining provisions remain in full force.
9.4 Integration. This Petition, together with any exhibits, constitutes the complete request for relief.
9.5 Electronic Signatures. Signatures transmitted electronically or by facsimile shall be deemed originals for filing purposes, subject to any local rule.
10. EXECUTION, VERIFICATION & NOTARIZATION
Petitioner:
____ Date: __
[PETITIONER NAME]
Address: [_]
Telephone: [_]
Email: [_]
Attorney for Petitioner (if any):
_____ KS Bar No.: _
[ATTORNEY NAME]
Law Firm: [_]
Address: [_]
Phone/Fax: [_]
Email: [____]
Verification
I, [PETITIONER NAME], being duly sworn, state that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[PETITIONER NAME]
Subscribed and sworn before me on this _ day of _, 20__.
Notary Public
My Commission Expires: ____
Exhibit A – Conflict of Interest Disclosure
[Describe any familial, financial, or professional relationships between the proposed Guardian and the Ward.]
[// GUIDANCE: Attach physician’s evaluation (adult cases) or parental consents (minor cases) as additional exhibits when required. Confirm county-specific filing fee, hearing scheduling procedures, and publication/notice requirements under local rules before filing.]