59-3078. Conservator's duties, responsibilities, powers and authorities.
59-3078
59-3078. Conservator's duties, responsibilities,powers and authorities.(a) (1) The individual or corporation appointed by thecourt to serve as the conservator shall carry out diligentlyand in good faith the general duties and responsibilities, and shall have thegeneral powers and authorities, provided for in this section, as well as anyspecific duties, responsibilities, powers andauthorities assigned to the conservator by the court. In doing so, aconservator at all times shall besubject to the control and direction of the court, and shall act in accordancewith the provisions ofany conservatorship plan filed with the court pursuant toK.S.A. 59-3079, andamendments thereto.The court shall have the authority to appoint counsel for the conservator, andthe fees of suchattorney may be assessed as costs pursuant toK.S.A. 59-3094, andamendmentsthereto.
(2) A conservator, in the exercise of the conservator's responsibilities andauthorities, shouldbecome aware of the conservatee's needs and responsibilities. A conservatorshall exercise authorityonly as necessitated by the conservatee's limitations. A conservator shallencourage the conservateeto participate in the making of decisions affecting the conservatee's estate.A conservator shallencourage the conservatee to manage as much of the conservatee's estate as theconservatee is ableto manage. A conservator shall consider and, to the extent possible, act inaccordance with theexpressed desires and personal values of the conservatee. A conservator shallassist the conservateein developing or regaining the skills and abilities necessary in order for theconservatee to be ableto manage the conservatee's own estate. A conservator shall strive to assurethat the personal, civiland human rights of the conservatee are protected. A conservator shall at alltimes act in the bestinterests of the conservatee and shall exercise reasonable care, diligence andprudence.
(b) A conservator shall have the following general duties, responsibilities,powers andauthorities:
(1) To pay the reasonable charges for the support, maintenance, care,treatment, habilitationand education of the conservatee in a manner suitable to the conservatee'sstation in life and thevalue of the conservatee's estate; but nothing herein shall be construed torelease a natural guardian from the ordinary obligations imposed by law for thesupport, maintenance, care, treatment,habilitation and education of the natural guardian's minor children;
(2) to pay all just and lawful debts of the conservatee and the reasonablecharges for thesupport, maintenance, care, treatment, habilitation and education of theconservatee's spouse andminor children;
(3) to separately possess and manage all the assets of the estate of theconservatee and tocollect all debts and assert all claims in favor of the conservatee, and withthe approval of the court,to compromise the same. The conservator shall keep any property of theconservatee's estate insuredagainst theft, other loss or damage, in reasonable amounts based upon the valueof the estate, andfor the benefit of the conservatee or the conservatee's estate;
(4) to prosecute and defend all actions in the name of the conservatee or asnecessary toprotect the interests of the conservatee;
(5) to sell assets of the conservatee's estate when the interests of theconservatee orconservatee's estate require the sale thereof;
(6) to possess and manage any ongoing business that the conservatee wasmanaging andoperating prior to the appointment of the conservator, and to divest theconservatee's estate of anyinterests therein, with the approval of the court, when the conservator deemsit in the best interestsof the conservatee or the conservatee's estate to do so; and
(7) to invest all funds in a manner which is reasonably prudent in view ofthe value of theconservatee's estate, except as may be currently needed for payment of anydebts and charges asprovided for herein. If the conservator shall expend or invest any funds fromthe conservatee's estatefor the purchase of any policy of insurance or annuity contract, theconservator shall reserve to the conservatee the right to change thebeneficiary thereof upon the termination of theconservatorshipand of any guardianship which may have been established for the conservatee.
(c) A conservator shall not be obligated by virtue of the conservator'sappointment to use theconservator's own financial resources for the support of the conservatee.
(d) A conservator shall not be personally liable:
(1) To a third person for the acts of the conservatee solely by virtue of theconservator'sappointment, nor shall a conservator who exercises reasonable care in selectinga third person toprovide any service to the conservatee's estate be liable for any loss to theconservatee's estateresulting from the wrongful conduct of that third person;
(2) on any mortgage note or by reason of the covenants in any instrument ofconveyance dulyexecuted by the conservator in the conservator's representative capacity asauthorized by the court;
(3) on a contract properly entered into in a fiduciary capacity in the courseof administrationof the estate unless the conservator fails to reveal in the contract therepresentative capacity and toidentify the estate;
(4) for obligations arising from ownership or control of property of theestate or for other actsor omissions occurring in the course of administration of the estate unless theconservator ispersonally at fault;
(5) for any environmental condition on or injury resulting from anyenvironmental conditionon land owned or acquired by the conservatee's estate; or
(6) for retaining, until maturity, any security or investment which isincluded in theconservatee's estate at the time of the establishment of the conservatorship,even though suchsecurity or investment may not be considered prudent or reasonable.
(e) A conservator shall be entitled to receive on behalf of the conservatee'sestate anydistributive share of the assets of an estate or trust, and shall have the sameright as any otherdistributee or beneficiary to accept or demand distribution in kind, and mayretain, until maturity,any security or investment so distributed to the conservator, even though suchsecurity or investmentmay not be considered prudent or reasonable.
(f) A conservator shall not have the power:
(1) To use the assets of a minor's estate to pay any obligation imposed bylaw upon theminor's natural guardian or natural guardians, including the support,maintenance, care, treatment,habilitation or education of the minor, except with the specific approval ofthe court granted upona showing of extreme hardship;
(2) to sell, convey, lease or mortgage the conservatee's interest in thehomestead of theconservatee, except with the approval of the court, and no conservator's deedor other instrumentexecuted by virtue of the court's approval shall be valid unless the spouse, orif the spouse has beenadjudicated a person with an impairment in need of a conservator, theconservator appointed for thespouse, shall join therein as one of the grantors thereof;
(3) to lease, except with the approval of the court, the possession or use ofany real estatewithin the conservatee's estate for any period of greater than three years;
(4) to sell, convey or mortgage, except with approval of the court, any realestate within theconservatee's estate;
(5) to sell, convey, lease or mortgage, except with approval of the court,any oil, gas or othermineral interest within the conservatee's estate;
(6) to sell, convey, lease or mortgage, except with the approval of thecourt, the inchoateinterest of the conservatee in any real estate the title to which is in thespouse of the conservatee, andno conservator's deed or other instrument executed by virtue of the court'sapproval shall be validunless the spouse, or if the spouse has been adjudicated a person with animpairment in need of aconservator, the conservator appointed for the spouse, shall join therein asone of the grantorsthereof;
(7) to extend, except with the approval of the court, an existing mortgage infavor of theconservatee or conservatee's estate, for a period of more than five years;
(8) to extend, except with the approval of the court, an existing mortgagewhich obligatesthe conservatee or the conservatee's estate, unless the extension agreementcontains the sameprepayment privileges, the rate of interest does not exceed the lowest rate inthe mortgage extended,and the extension does not exceed five years; or
(9) to make any gift on behalf of the conservatee, except with the approvalof the court upona finding that:
(A) The conservatee had either in the past as a habit made similar gifts ordeclared an intentto make such a gift, or under the circumstances, would have made such a gift orgifts;
(B) sufficient funds and assets will remain in the conservatee's estate afterthe making ofsuch a gift to meet the expected needs and responsibilities of the conservatee;and
(C) any person or entity who would have received the property to be giftedhad theconservatee died at the time of the gift, but who is not the person or entityreceiving the gift, has eitherconsented to or agreed with the giving of the gift, in writing, or has receivednotice of the proposalto make the gift and been given the opportunity to request a hearing thereon bythe court to be held prior to the court's approving the gift.
(g) The conservator shall file with the court, within 30 days of the court'sissuance of lettersof conservatorship as provided for inK.S.A. 59-3069, and amendmentsthereto, an initial inventory of all of the property and assets of theconservatee's estate, including any sources of regular income to the estate.
(h) The conservator shall file with the court accountings and other reportsconcerning the status of the estate and the actions of the conservator as thecourt shall direct pursuant toK.S.A. 59-3083, and amendmentsthereto.
History: L. 2002, ch. 114, § 29; July 1.