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SENATE BILL No. 412
AN ACT concerning the probate code; relating to guardians and conservators; imposing the
duty to notify certain entities and persons of any court order commanding
performance or safekeeping of the conservatee's estate assets; amending K.S.A. 59-
30,176 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 59-30,176 is hereby amended to read as follows:
59-30,176. (a) A conservator is a fiduciary and has duties of prudence,
loyalty, reasonable care and diligence to the individual subject to
conservatorship.
(b) A conservator shall promote the self-determination of the
individual subject to conservatorship and, to the extent feasible,
encourage the individual to participate in decisions, act on the
individual's own behalf, and develop or regain the capacity to manage
the individual's personal affairs. A conservator shall strive to assure that
the personal, civil and human rights of the individual subject to
conservatorship are protected.
(c) In making a decision for an individual subject to
conservatorship, the conservator shall make the decision that the
conservator reasonably believes the individual would make if able,
unless doing so would fail to preserve the resources needed to maintain
the individual's well-being and lifestyle or otherwise unreasonably
harm or endanger the welfare or personal or financial interests of the
individual. To determine the decision the individual would make if
able, the conservator shall consider the individual's prior or current
directions, preferences, opinions, values and actions, to the extent
actually known or reasonably ascertainable by the conservator.
(d) If a conservator cannot make a decision under subsection (c)
because the conservator does not know and cannot reasonably
determine the decision the individual subject to conservatorship
probably would make if able, or the conservator reasonably believes the
decision the individual would make would fail to preserve resources
needed to maintain the individual's well-being and lifestyle or
otherwise unreasonably harm or endanger the welfare or personal or
financial interests of the individual, the conservator shall act in
accordance with the best interest of the individual. In determining the
best interest of the individual, the conservator shall consider:
(1) Information received from professionals and persons that
demonstrate sufficient interest in the welfare of the individual;
(2) other information the conservator believes the individual
would have considered if the individual were able to act; and
(3) other factors a reasonable person in the circumstances of the
individual would consider, including consequences for others.
(e) Except when inconsistent with the conservator's duties under
subsections (a) through (d), a conservator shall invest and manage the
conservatorship estate as a prudent investor would, by considering:
(1) The circumstances of the individual subject to conservatorship
and the conservatorship estate;
(2) general economic conditions;
(3) the possible effect of inflation or deflation;
(4) the expected tax consequences of an investment decision or
strategy;
(5) the role of each investment or course of action in relation to
the conservatorship estate as a whole;
(6) the expected total return from income and appreciation of
capital;
(7) the need for liquidity, regularity of income and preservation or
appreciation of capital; and
(8) the special relationship or value, if any, of specific property to
the individual subject to conservatorship.
SENATE BILL No. 412—page 2
(f) The propriety of a conservator's investment and management
of the conservatorship estate is determined in light of the facts and
circumstances existing when the conservator decides or acts and not by
hindsight.
(g) A conservator shall make a reasonable effort to verify facts
relevant to the investment and management of the conservatorship
estate.
(h) A conservator that has special skills or expertise, or is named
conservator in reliance on the conservator's representation of special
skills or expertise, has a duty to use the special skills or expertise in
carrying out the conservator's duties.
(i) In investing, selecting specific property for distribution, and
invoking a power of revocation or withdrawal for the use or benefit of
the individual subject to conservatorship, a conservator shall consider
any estate plan of the individual known or reasonably ascertainable to
the conservator and may examine the will or other donative, nominative
or appointive instrument of the individual.
(j) A conservator shall maintain insurance on the insurable real
and personal property of the individual subject to conservatorship,
unless the conservatorship estate lacks sufficient funds to pay for
insurance or the court finds:
(1) The property lacks sufficient equity; or
(2) insuring the property would unreasonably dissipate the
conservatorship estate or otherwise not be in the best interest of the
individual.
(k) A conservator has access to and authority over a digital asset
of the individual subject to conservatorship to the extent provided by
the revised uniform fiduciary access to digital assets act or court order.
(l) A conservator for an adult shall notify the court immediately if
the condition of the adult has changed so that the adult is capable of
exercising rights previously removed.
(m) Not later than 15 calendar days following the issuance of any
court order commanding performance or safekeeping of the
conservatee's estate assets , the conservator shall notify entities and
persons that the conservator has identified as the location of an asset
of the conservatee's estate.
SENATE BILL No. 412—page 3
Sec. 2. K.S.A. 59-30,176 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.