Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Kansas for guidance specific to your situation.
Detailed Answer
Service on Minors
Under Kansas law, a minor (any individual under 18 years old) cannot be served with legal papers directly. Instead, the summons and complaint must be delivered to the minor’s parent or court-appointed legal guardian. If no parent or guardian is available, a guardian ad litem may be appointed to accept service. If the court has not appointed anyone and the parents cannot be located after reasonable effort, service may be made on the county or district attorney where the minor resides, who will act in the minor’s interests.
Service on Individuals Under Guardianship
When a court has appointed a guardian or conservator to manage the personal affairs of an adult deemed incapacitated, service of process must be made on that guardian or conservator. Kansas Statutes Annotated § 60-204(a) states that service on a person for whom a conservator has been appointed must be made upon the conservator in the same manner as personal service. You can review the statute here: K.S.A. 60-204. This ensures that the individual’s legal representative receives proper notice.
Alternate Methods When the Guardian or Parent Cannot Be Located
If reasonable efforts to locate the parent, guardian, or conservator fail, Kansas law allows service on the county or district attorney in the county where the minor or ward resides. The county or district attorney then protects the interests of the minor or incapacitated person in the proceeding. For guardianship notice requirements, see K.S.A. 59-307.
Helpful Hints
- Confirm the identity and address of the parent, guardian, or conservator before attempting service.
- Use personal delivery or certified mail with return receipt to establish proof of service.
- Maintain a written log of all attempts to locate and serve the appropriate party.
- If no guardian or parent is found, document your search efforts and serve the county or district attorney as allowed by statute.
- Consult your local court clerk or a Kansas attorney if you encounter uncertainty about proper service procedures.