59-3089. Order to show cause for failure to fulfill duties; removal; forfeiture of conservator's bond; bench warrant.
59-3089
59-3089. Order to show cause for failure to fulfillduties; removal; forfeiture of conservator's bond; bench warrant.(a) At any time the court has reasonto believe that the guardian or conservator, or both, has failed to faithfullyor diligently carry out such person's duties or responsibilities or to properlyexercise such person's powers orauthorities in a mannerconsistent with the provisions of K.S.A. 59-3075 or 59-3078, andamendments thereto, orwithany prior order of the court, the court may issue to the guardian orconservator, or both, an order toappear before the court at a specified date, time and place to show just causewhy the court shouldnot find that such person has failed to faithfully or diligently carry out suchperson's duties orresponsibilities or to properly exercise such person's powers or authorities.
(b) At such hearing, the court shall give to the guardian or conservator, orboth, theopportunity to present evidence concerning their actions. The court shall alsohave the authority toreceive all relevant and material evidence which may be offered by otherinterested parties, including the testimony or written report, findings orrecommendations of any professional or other personwhohas familiarity with the ward or conservatee, or the conservatee's estate. Thecourt may review thecourt's prior orders, any guardianship plan or conservatorship plan filedpursuant to K.S.A. 59-3076 or 59-3079, and amendments thereto, whichis in effect, andany reports or accountings which havebeen filed by the guardian or conservator, or both, even if previously approvedor allowed.
(c) At the conclusion of the hearing, if the court finds, by a preponderanceof the evidence,that the guardian or conservator, or both, has failed to faithfully ordiligently carry out such person's duties or responsibilities or to properlyexercise such person's powers or authorities, the court mayremove the guardian or conservator, or both, and in such case, the court shallrevoke the letters ofguardianship or conservatorship, or both, previously issued pursuant to K.S.A. 59-3069, andamendments thereto. Otherwise, the court may issue appropriate orders furtherdirecting theguardian or conservator, or both, with regard to the performance of suchperson's duties orresponsibilities or the exercise of such person's powers or authorities, or thecourt may dismiss theproceedings.
(d) If the court finds that the guardian or conservator has innocentlymisused any funds orassets of the ward's or conservatee's estate, the court shall order theguardian or conservator to repaysuch funds or return such assets to the ward's or conservatee's estate. If thecourt finds that theguardian or conservator has embezzled or converted for such person's personaluse anyfunds or assets of theward's or conservatee's estate, the court shall find the guardian orconservator liable for double thevalue of those funds or assets, as provided for in K.S.A. 59-1704, andamendments thereto, and insuch case, neither the guardian or conservator, or the guardian's orconservator's estate, shall befinally released until the satisfaction thereof. In either case, the court mayorder theforfeiture of the conservator's bond, or such portion thereof as equals thevalue of such funds or assets, including anylost earningsand the costs of recovering those funds or assets, including reasonableattorney fees, as the courtmay allow, and may require of the surety satisfaction thereof, and in such casethe court shall notfinally release the conservator's surety until such order has been satisfied.
(e) If the guardian or conservator, or both, fail or refuse to appear asordered, the court mayproceed as provided for in article 12 of chapter 20 of the Kansas StatutesAnnotated or K.S.A. 59-2217a, and amendments thereto.
History: L. 2002, ch. 114, § 40; July 1.