CHAPTER 113 SENATE BILL No. 106* An Act concerning conservators; relating to making of gifts in certain circumstances. Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) A conservator, upon the order of the district court, may
make gifts of a conservatee's property if the court finds:

(1) The conservatee is a disabled person and is unlikely to cease to
be a disabled person in the reasonably foreseeable future;

(2) the conservatee's remaining property after such gift or gifts is
likely to be sufficient to provide for the conservatee's needs;

(3) the conservatee, had the conservatee not been a disabled person,
under the circumstances existing at the time of such gift or gifts would
have made such gift or gifts to such person or entity; and

(4) with respect to a gift to such entity exempt from federal income
tax pursuant to section 501(c)(3) of the federal internal revenue code of
1986, as in effect on the effective date of this act, such gift is consistent
with the practice of the conservatee prior to the time such conservatee
was a disabled person.

(b) In the event the person or entity who received, or which would
receive any such gift or gifts of the conservatee's property, is not the same
person or entity who would or which would have received such property
had the conservatee died at the time of such gift or gifts, notice shall be
given to any and all adversely affected parties.

Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 15, 1998