10622 Bonding of
Conservators
The Secretary of Department for Children and Families (DCF) is appointed
by the court to act as surety on the bond of any conservator providing
advocacy services to a conservatee under contract with the Kansas Guardianship
Program (KGP). This means:
- KGP volunteers do not have to provide a surety bond, either paid
by themselves or the conservatee.
- The DCF bond should be large enough to deal adequately with the
estate (the law says125% of the liquid assets of the estate) but not
over the amount required by law K.S.A. 59-3014(d).
- Total resources must be included.
- It may be necessary to write two bonds; one at the time of the
hearing when resources may not be known, and one after the inventory
has been filed thirty (30) days following the hearing. In some cases,
there may be substantial funds in the estate.
- The DCF surety bond cannot be used unless DCF is the petitioner.
- The court may waive a bond if there is no property in the estate.
However, it is important that there be at least a minimum bond in
KGP cases.
In situations where the conservator is a non-KGP volunteer, the court
will sometimes allow bonds solely upon the signature of the conservator.
This happens when family members are appointed to serve as conservator
for a very small estate. In that instance, the individual may sign a signature
bond of certain amount.