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IN RE GUARDIANSHIP & CONSERVATORSHIP OF WATKINS

Nos. 76,866, 76,867.

24 Kan. App.2d 469 (1997)

947 P.2d 45

In the Matter of the Guardianship and Conservatorship of JAMES RICHARD WATKINS and In the Matter of the Guardianship and Conservatorship of ROBERT VIRGIL WATKINS.

Court of Appeals of Kansas.

Opinion filed October 24, 1997.

Attorney(s) appearing for the Case

Martin R. Ufford, of Redmond & Nazar, L.L.P., of Wichita, for appellant.

Before GERNON, P.J., ROYSE and MARQUARDT, JJ.

GERNON, J.:

This is an appeal by a conservator from a district court order which denied the establishment of irrevocable trusts for two conservatees.

The issue on appeal is whether Kansas conservatorship law, which prohibits a conservator from making decisions regarding the distribution of a conservatee's property after death, conflicts with 42 U.S.C. § 1396p(d)(4)(A) (1994), which provides that an irrevocable trust established in compliance with the...

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