Loveless v. Austin

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 and estate of his mother, Henrietta Loveless Austin, appellant herein. The ground alleged was that, by reason of advanced age, physical disability…