- (a) The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator.
(b) The court shall hold a hearing to determine whether to remove a conservator and appoint a successor on:
- (1) Petition of the individual subject to conservatorship, conservator or person interested in the welfare of the individual which contains allegations that, if true, would support a reasonable belief that removal of the conservator and appointment of a successor may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;
- (2) communication from the individual subject to conservatorship, conservator or person interested in the welfare of the individual which supports a reasonable belief that removal of the conservator and appointment of a successor may be appropriate;
- (3) determination by the court that a hearing would be in the best interest of the individual subject to conservatorship; or
- (4) determination by the court that the conservator's reports and accountings are delinquent or deficient as filed.
- (c) Notice of a petition under subsection (b)(1) or any hearing under this section must be given to the individual subject to conservatorship, the conservator, a person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order, and any other person the court determines.
- (d) If the individual subject to conservatorship is not represented by an attorney, the court shall appoint an attorney under the same conditions as in K.S.A. 59-30,165, and amendments thereto. The court shall award reasonable attorney fees to the attorney as provided in K.S.A. 59-30,119, and amendments thereto.
- (e) In selecting a successor conservator, the court shall follow the priorities under K.S.A. 59-30,169, and amendments thereto.
- (f) Not later than 30 days after appointing a successor conservator, the court or court's designee shall give notice of the appointment to the individual subject to conservatorship and any person entitled to notice under K.S.A. 59-30,170(f), and amendments thereto, or a subsequent order.
L. 2025, ch. 40, § 112; January 1, 2026.