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Affidavit Of Completion Of Basic Instructional Program (Conservators) - Kansas

Affidavit Of Completion Of Basic Instructional Program (Conservators) Form. This is a Kansas form and can be used in 18th Judicial District (Sedgwick County) Local District Court .
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BASIC INSTRUCTIONS FOR CONSERVATORS January 1, 2009 Kansas Judicial Council American LegalNet, Inc. www.FormsWorkFlow.com Preface These basic instructions for conservators were prepared by the Guardianship and Conservatorship Advisory Committee of the Kansas Judicial Council and were approved by the Council in December 2008. The instructions constitute the basic instructional program concerning the duties and responsibilities of a conservator required by K.S.A. 2009 Supp. 59-3069(j). After reading these instructions, a proposed conservator should sign the affidavit of completion at the end of this booklet and file it with the court as evidence of completion of the basic instructional program. Table of Contents Definitions1 Conservator's Powers and Duties1 Responsibilities to the Court Required Training3 Oath3 Bond3 Letters4 Conservatorship Plan4 Inventory and Valuation4 Annual Accounting4 Special Reports and Accountings4 Reimbursement for Time and Expenses5 Conflicts of Interest5 Additional Resources5 Sample Forms Inventory and Valuation - Instructions for Completing6 Sample Inventory and Valuation7 Annual Accounting - Instructions for Completing9 Sample Annual Accounting11 Affidavit of Completion of Basic Instructional Programlast page American LegalNet, Inc. www.FormsWorkFlow.com BASIC INSTRUCTIONS FOR CONSERVATORS Definitions of Words You Need to Know: Conservator - A conservator is a person appointed by a court to act on behalf of a minor or impaired person, who is called a "conservatee." A conservator manages a conservatee's property or "estate," such as money, personal and real property. Conservatee - A conservatee is a person for whom a conservator has been appointed. A conservatee may be either a minor or an adult person with an impairment. Guardian - A guardian is a person appointed by a court to act on behalf of a minor or impaired person, who is called a "ward." A guardian manages a ward's personal health, safety, and welfare. Ward - A ward is a person for whom a guardian has been appointed. A ward may be either a minor or an adult person with an impairment. Accounting - A detailed written summary of all financial actions done by the conservator on behalf of the conservatee. Bond - A bond is similar to an insurance policy and is usually purchased from an insurance company. It is intended to protect the conservatee's property should the conservator mismanage the person's estate. NOTE: Sometimes, a person is appointed as both a guardian and conservator. In that case, the person they are helping may be called either a ward or conservatee, or both. What Are a Conservator's Powers and Duties? THESE DUTIES APPLY TO BOTH VOLUNTARY AND INVOLUNTARY CONSERVATORSHIPS A conservatorship is a legal proceeding filed to protect the property of an impaired person, who is called a "conservatee." After a hearing to determine whether a conservatorship is necessary, a court order will be issued. Your attorney should provide you with a copy of that court order. Before the court will issue you Letters of Conservatorship, you must be bonded unless the court waives the bond. If the court appoints you as conservator, your responsibilities are separate from the duties of a guardian, and your job is to manage the conservatee's property. The conservatee's property is called his or her "estate." As conservator, you are always subject to court control and direction. 1 American LegalNet, Inc. www.FormsWorkFlow.com State law and the court define your power, as conservator, and set the rules you must follow when managing the conservatee's property. As conservator, you must always act in the best interest of the conservatee. Your first duty, as conservator, is to open a bank account under the conservatee's social security number, titled in your name "as conservator" for the conservatee. You will then need to file an inventory (a detailed list) of all assets in the conservatee's estate within 30 days of issuance of the Letters of Conservatorship. NEVER combine the conservatee's assets with those of another person, including your own. THE CONSERVATOR MUST FILE AN ACCOUNTING WITH THE COURT EACH YEAR. You must know the conservatee's needs and support and involve the conservatee in decision-making regarding his or her property. You should consider the conservatee's stated desires and personal values when making decisions for him or her. You must try to avoid conflicts of interest and protect the conservatee's personal, civil, and human rights. The law does NOT require you as conservator to use your own personal money or other assets for support of the conservatee solely because you have been appointed as conservator. However, if you are the parent or spouse of the conservatee, you may have an independent duty to support the conservatee. You are not liable to other persons for the acts of the conservatee solely because you have been appointed as conservator. This means you are not responsible to anyone else for something that the conservatee has done simply because you are the conservator. As a conservator, you MAY generally take any of the following actions on behalf of the conservatee without getting additional court approval: 1. 2. 3. 4. 5. Pay reasonable charges for the support, care, clothing, housing, and education of the conservatee in a reasonable manner, unless the conservatee's parent or spouse is required by law to pay those charges; Pay all lawful debts of the conservatee; Control and manage all the conservatee's property and collect debts and assert claims in favor of the conservatee (for example, if the conservatee is owed money); Insure property against theft or other loss in a reasonable amount; or Pay the premium for your conservator's bond. The following decisions ALWAYS require WRITTEN court approval. As conservator, you may NOT take any of the following actions unless the supervising court issues a written order approving the action(s): 1. 2. 3. 4. 5. 6. Settle any claim of the conservatee for less than full value; Sell or transfer the property of any ongoing businesses; Sell, convey, lease, or mortgage the conservatee's homestead or other real estate; Lease or convey possession in any real estate for more than 3 years; Sell, convey, or mortgage any oil, gas, or other mineral interests; Sell, convey, lease, or mortgage any inchoate interests in real estate; 2 American LegalNet, Inc. www.FormsWorkFlow.com 7. 8. 9. Extend an existing mortgage for more than 5 years, which includes both
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