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Guardianships and Conservatorships
               
A.   Consent of Parents Required; Exceptions
               
      Consent of both natural parents is required in order to establish a guardianship of a minor. Exceptions are as follows:
               
      1.   Where the petition is filed on behalf of the minor by the minor’s natural guardian;
      2.   Where the parent or parents are deceased;
      3.   Where the parental rights have been terminated by a separate court proceeding;
      4.   Where the child is the product of rape (no consent of the father shall be required);
      5.   Where lawful notice has been given to the parent and such parent then fails to appear at the time scheduled for hearing or otherwise answer;
      6.   Where the identity of the natural parent is unknown and/or cannot be located after diligent search; or
      7.   Where, upon proper hearing, petitioner is able to establish, by clear and convincing evidence, that the non-consenting parent is an unfit parent pursuant to Chapter 38 of the Kansas Statutes Annotated.
  B.   Notice Requirements
The duty to provide notice shall be on the petitioner. Notice shall be given to the lawful custodian and to the natural parents (except where written consent has been obtained and filed in the record). Where the identity or whereabouts of a natural parent is unknown, the Court may require that notice be given by publication.
               
  C.   Hearings; Required Appearances
      Minors 14 years of age and older shall appear in person at the hearing on the petition for appointment of a guardian and/or conservator, unless excused in advance, by the court. In all other cases, the proposed ward and/or conservatee shall appear in person at the hearing on the petition, unless such appearance has been excused, in advance, by the Court.
               
      In all cases the nominee(s) for guardian and/or conservator shall appear personally before the Court at the time of the scheduled hearing. The petitioner shall have the duty to present evidence sufficient to show the nominee(s) to be qualified to serve in the position for which he or she has been nominated.
               
  D.   Bond; Surety Required
               
      Bond with sufficient sureties shall be required in all conservatorships (and curatorships). “Personal bonds” shall not be accepted, except when they are in compliance with Supreme Court Rule 114(b or d) and supported by sufficient non-exempt property. Alternatives to the bond requirement, such as the use of restricted accounts, may be considered by the court. See also K.S.A. 59-3055.
               
  E.   Custody of Minors – Limitation of Changes
               
      No guardian, having been given custody of a minor, may thereafter return the minor to his or her parents or to any other person without obtaining prior written authorization from the Court. Violation of this provision shall be regarded as contempt of court and punished accordingly. Visitation between the ward and his/her natural parents is within the discretion of the guardian or may be sought through the Court.
               
  F.   Removal of Ward Out of State Without Court Consent Prohibited
               
      No guardian shall permit or cause the ward under his or her care to be moved to any other state or foreign country without first having obtained the approval of the Court.
               
      Violation of this provision shall be ground for immediate termination of authority of the guardian and such other action as necessary to protect the rights of the ward.
               
  G.   “Report of Guardian” OR “Accounting” Required Form; Date Due
               
      The Report of Guardian on the condition of the ward shall be filed on an approved Kansas Judicial Council (KJC) form or a form substantially similar to the KJC form.
               
      The Annual Accounting shall be filed on an approved Kansas Judicial Council (KJC) form or a form substantially similar to the KJC form.
               
      The due date for the Report of Guardian and Annual Accounting shall be 30 days after the end of the 12-month period immediately following and including the month in which the case is filed. The period shall be considered to have started on the first day of the month in which the case is filed and the reporting period shall be the 12-month period following that date and like periods thereafter. The Order establishing the guardianship and/or conservatorship shall include a statement of the due date of the Report and/or Accounting, per this Rule.
       
      Form: Approved Report on the Condition of the Guardian’s Ward Form
      Guardian's Ward Form
       
      Form: Approved Conservator’s Accounting Form
      Conservator's Accounting Form
       
  H.   Guardianships and Conservatorships of Minors -- Termination
               
      When a Ward without an impairment reaches his or her 18th birthday, the Clerk shall enter in the record that the guardianship is terminated and shall send notice to the guardian of the termination. The case shall then be removed from the active docket with no other action required by the parties or the court.
               
      When a Conservatee without an impairment reached his or her 18th birthday, the conservatorship may not be terminated without a hearing. The Conservator shall prepare and file a final accounting. The Court shall schedule a hearing for the review the final accounting and termination of the conservatorship. The conservator, and conservator’s surety, shall be finally discharged when the Court receives, approves, settles and allows the conservator’s final accounting, and upon presentation of receipts indicating that all property has been delivered to the Conservatee or as directed by the Court.
               
  I.   Guardianships/Conservatorships – Records, Limitations of Access
               
      No records used in establishing or maintaining a guardianship/conservatorship or curatorship case shall be made available to anyone without a written order of the supervising court, except for the letters of guardianship or letters of conservatorship. This prohibition shall not apply to: (1) the attorney representing the ward/conservatee, (2) the appointed guardian or conservator, or (3) the attorney representing the petitioner in establishing the guardianship/conservatorship or appointing any successor.
               
  J.   Affidavit of Completion of Basic Instructional Program
               
      The Affidavit of Completion of Basic Instructional Program shall be in substantially the following form:
               
      AFFIDAVIT OF COMPLETION OF BASIC INSTRUCTIONAL PROGRAM
               
      I declare that I have received and reviewed the Basic Instructions for the Guardians (and/or Conservators) and kept a copy of those instructions. I acknowledge that, as guardian [and/or conservator], I have the duties and responsibilities described in the Instructions and agree to follow them. I declare under penalty of perjury that this is true and correct.

Executed on this ____  day of ______________,  20___.
               
      ___________________________________________
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Please Print Your Name
               
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Address
     
               
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Telephone Number
     
               
      Form: Basic Instructions for Guardians
               
      Guardian_Instructions.pdf
               
      Form: Basic Instructions for Conservators
               
      Conservator_Instructions.pdf