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IN RE AUSTIN

No. 44,856

200 Kan. 92 (1967)

435 P.2d 1

In the Matter of the Guardianship and Conservatorship of HENRIETTA LOVELESS AUSTIN. (MAX LOVELESS, Appellee, v. HENRIETTA LOVELESS AUSTIN, Appellant.)

Supreme Court of Kansas.

Opinion filed December 9, 1967.

Attorney(s) appearing for the Case

David W. Wheeler, and Edwin G. Westerhaus, both of Marion, argued the cause, and D.W. Wheeler, of Marion, was with them on the briefs for the appellant.

Jack S. Ramirez, of Wichita, argued the cause, and J. Francis Hesse, of Wichita, and Edward J. Costello, of Tampa, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This appeal purports to test the constitutionality of certain aspects of our new act for obtaining a guardian or conservator, or both, for an incapacitated person, (K.S.A. 1965 Supp., Chap. 59, Art. 30), which became effective January 1, 1966.

On December 20, 1965, Max Loveless, appellee herein, filed a petition in the probate court of Marion county for the appointment of a guardian of the person...

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