Kansas Statutes 59-3054. Right to nominate guardian or conservator, or both
(a) Any natural guardian, by last will, may nominate a conservator of only that portion of the estate of such guardian‘s minor child, whether born at the time of the execution of the will or afterwards, which is devised or bequeathed by such natural guardian to the child.
(b) A surviving natural guardian, by last will or by a trust instrument establishing an inter vivos trust, may nominate a guardian or conservator, or both, for any of such guardian’s minor children, whether born at the time of the execution of the will or trust instrument or afterwards.
Terms Used In Kansas Statutes 59-3054
- Conservator: means an individual or corporation appointed by the court to act on behalf of a conservatee and possessed of some or all of the powers and duties set out in Kan. See Kansas Statutes 77-201
- Guardian: means an individual or a nonprofit corporation certified in accordance with Kan. See Kansas Statutes 77-201
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Inter vivos: Transfer of property from one living person to another living person.
- Minor: means any person defined by Kan. See Kansas Statutes 77-201
- Natural guardian: means both the biological or adoptive mother and father of a minor if neither parent has been found to be an adult with an impairment in need of a guardian or has had parental rights terminated by a court of competent jurisdiction. See Kansas Statutes 77-201
- Testator: A male person who leaves a will at death.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The nominated guardian or conservator, if a fit and proper person, shall be appointed by the district court pursuant to Kan. Stat. Ann. § 59-3068, and amendments thereto, if it is found, during the trial held pursuant to Kan. Stat. Ann. § 59-3067, and amendments thereto, that a guardian or conservator, or both, should be appointed for the minor child of the testator or settlor.