Ch. 87             1997 Session Laws of Kansas             311

Chapter 87


An Act concerning probate; relating to conservators; payment of demands; medical
assistance; amending K.S.A. 59-3026 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 59-3026 is hereby amended to read as follows:
59-3026. (a) Any person having a demand, other than tort, against the
estate of a conservatee, or against such person's conservator as such, may

312             1997 Session Laws of Kansas             Ch. 87

present it such demand to the district court for determination, and upon
proof thereof procure an order for its allowance and payment.

(b) Upon the death of a conservatee, the conservator upon order of
the district court may pay appropriate funeral expenses and, the expenses
of the conservatee's last illness and any claim for medical assistance paid
under subsection (e) of K.S.A. 39-709 and amendments thereto
, in such
amounts as are reasonably necessary, with due regard to the rights of a
surviving spouse, if any, and
creditors. If there remain any assets remain
in the estate of the deceased conservatee after any such payments, they
such assets shall be held by the conservator until the court directs the
disposition thereof, and. The conservator shall not be discharged until
such funds are transferred as directed according to law by the court. If
the funeral and last illness expenses and medical expenses related to claims
for medical assistance paid under subsection (e) of K.S.A. 39-709 and
amendments thereto
and expenses of closing and final accounting will
deplete the estate, the conservator shall so show such depletion on the
hearing for final accounting and. If the court finds the final account is
correct, it the court may discharge the conservator and such conservator's

Sec. 2. K.S.A. 59-3026 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 1997.