59-2317. In every proceeding brought under this act and immediately upon the filing of a petition as provided in K.S.A. 59-2315, a guardian ad litem shall be appointed for the incapacitated spouse, who shall make an independent investigation of the facts and representations made in the petition, and shall, on or before the date fixed for the hearing on said petition, file in said district court a verified report setting forth the results of said guardian's investigation, together with said guardian's recommendations respecting the relief prayed for in the petition. And the court shall consider such report together with all evidence that may be offered in support of such petition or report in determining what relief, if any, should be granted in the proceeding.
History: L. 1945, ch. 240, § 4; L. 1965, ch. 346, § 43; L. 1976, ch. 242, § 53; January 10, 1977.
Law Review and Bar Journal References:
"Survey of Kansas Homestead Law," 13 W.L.J. 447, 472 (1974).
CASE ANNOTATIONS
1. Discussed; necessity of notice and appointment of guardian ad litem for insane spouse. Steinkirchner v. Linscheid, 164 Kan. 179, 185, 186, 195, 188 P.2d 960. Affirmed: 165 Kan. 390, 195 P.2d 592.
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