Enacting the uniform adult guardianship and protective proceedings jurisdiction act and the uniform guardianship, conservatorship and other protective arrangements act.

HOUSE BILL No. 2359
AN ACT concerning guardians and conservators; enacting the uniform adult guardianship
and protective proceedings jurisdiction act and the uniform guardianship,
conservatorship and other protective arrangements act; amending K.S.A. 9-1215, 17-
2263, 17-2264, 21-5417, 38-2217, 44-513a, 44-1601, 58-662, 58-24a15, 59-1701,
59-2949, 59-2951, 59-2960, 59-29b49, 59-29b51, 73-507, 76-729, 76-12b04 and 77-
201 and K.S.A. 2024 Supp. 58-656, 58-4802, 58-4814, 58a-103, 59-2401a, 59-2946,
59-2948, 59-29b46, 59-29b48, 59-29b60, 59-29c03 and 75-652 and repealing the
existing sections; also repealing K.S.A. 59-2701, 59-2702, 59-2703, 59-2704, 59-
2705, 59-2706, 59-2707, 59-2708, 59-3050, 59-3054, 59-3057, 59-3063, 59-3064,
59-3066, 59-3071, 59-3072, 59-3074, 59-3076, 59-3079, 59-3081, 59-3082, 59-3084,
59-3085, 59-3087, 59-3088, 59-3089, 59-3090, 59-3091, 59-3092, 59-3093, 59-3095
and 59-3096 and K.S.A. 2024 Supp. 59-3051, 59-3052, 59-3053, 59-3055, 59-3056,
59-3058, 59-3059, 59-3060, 59-3061, 59-3062, 59-3065, 59-3067, 59-3068, 59-3069,
59-3070, 59-3073, 59-3075, 59-3077, 59-3078, 59-3080, 59-3083, 59-3086, 59-3094
and 59-3097.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. Sections 1 through 23, and amendments thereto,
may be cited as the uniform adult guardianship and protective
proceedings jurisdiction act (2007).
New Sec. 2. As used in this act:
(a) "Adult" means an individual who has attained 18 years of age
or an emancipated individual under 18 years of age.
(b) "Conservator" means a person appointed by the court to
administer the property of an adult, including a person appointed under
section 93, and amendments thereto.
(c) "Guardian" means a person appointed by the court to make
decisions regarding the person of an adult, including a person
appointed under section 72, and amendments thereto.
(d) "Guardianship order" means an order appointing a guardian.
(e) "Guardianship proceeding" means a judicial proceeding in
which an order for the appointment of a guardian is sought or has been
issued.
(f) "Incapacitated person" means an adult for whom a guardian
has been appointed.
(g) "Party" means the respondent, petitioner, guardian, conservator
or any other person allowed by the court to participate in a
guardianship or protective proceeding.
(h) "Person," except in the term "incapacitated person" or
"protected person," means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association, joint
venture, public corporation, government or governmental subdivision,
agency or instrumentality, or any other legal or commercial entity.
(i) "Protected person" means an adult for whom a protective order
has been issued.
(j) "Protective order" means an order appointing a conservator or
other order related to management of an adult's property.
(k) "Protective proceeding" means a judicial proceeding in which
a protective order is sought or has been issued.
(l) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(m) "Respondent" means an adult for whom a protective order or
the appointment of a guardian is sought.
(n) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, a federally
recognized Indian tribe or any territory or insular possession subject to
the jurisdiction of the United States.
New Sec. 3. A court of this state may treat a foreign country as if
it were a state for the purpose of applying sections 1 through 17 and
sections 21 through 23, and amendments thereto.
New Sec. 4. (a) A court of this state may communicate with a
court in another state concerning a proceeding arising under this act.
The court may allow the parties to participate in the communication.
Except as otherwise provided in subsection (b), the court shall make a
record of the communication. The record may be limited to the fact that
the communication occurred.
HOUSE BILL No. 2359—page 2
(b) Courts may communicate concerning schedules, calendars,
court records and other administrative matters without making a record.
New Sec. 5. (a) In a guardianship or protective proceeding in this
state, a court of this state may request the appropriate court of another
state to do any of the following:
(1) Hold an evidentiary hearing;
(2) order a person in that state to produce evidence or give
testimony pursuant to procedures of that state;
(3) order that an evaluation or assessment be made of the
respondent;
(4) order any appropriate investigation of a person involved in a
proceeding;
(5) forward to the court of this state a certified copy of the
transcript or other record of a hearing under paragraph (1) or any other
proceeding, any evidence otherwise produced under paragraph (2) and
any evaluation or assessment prepared in compliance with an order
under paragraph (3) or (4);
(6) issue any order necessary to assure the appearance in the
proceeding of a person whose presence is necessary for the court to
make a determination, including the respondent or the incapacitated or
protected person; and
(7) issue an order authorizing the release of medical, financial,
criminal or other relevant information in that state, including protected
health information as defined in 45 C.F.R 160.103.
(b) If a court of another state in which a guardianship or protective
proceeding is pending requests assistance of the kind provided in
subsection (a), a court of this state has jurisdiction for the limited
purpose of granting the request or making reasonable efforts to comply
with the request.
New Sec. 6. (a) In a guardianship or protective proceeding, in
addition to other procedures that may be available, testimony of a
witness who is located in another state may be offered by deposition or
other means allowable in this state for testimony taken in another state.
The court on its own motion may order that the testimony of a witness
be taken in another state and may prescribe the manner in which and
the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court in this state
may permit a witness located in another state to be deposed or to testify
by telephone or audiovisual or other electronic means. A court of this
state shall cooperate with the court of the other state in designating an
appropriate location for the deposition or testimony.
New Sec. 7. (a) As used in sections 7 through 15, and amendments
thereto:
(1) "Emergency" means a circumstance that likely will result in
substantial harm to a respondent's health, safety or welfare, and for
which the appointment of a guardian is necessary because no other
person has authority and is willing to act on the respondent's behalf;
(2) "home state" means the state in which the respondent was
physically present, including any period of temporary absence, for at
least six consecutive months immediately before the filing of a petition
for a protective order or the appointment of a guardian, or if none, the
state in which the respondent was physically present, including any
period of temporary absence, for at least six consecutive months ending
within the six months prior to the filing of the petition; and
(3) "significant-connection state" means a state, other than the
home state, with which a respondent has a significant connection other
than mere physical presence and in which substantial evidence
concerning the respondent is available.
(b) In determining under sections 9 and 16(e), and amendments
HOUSE BILL No. 2359—page 3
thereto, whether a respondent has a significant connection with a
particular state, the court shall consider:
(1) The location of the respondent's family and other persons
required to be notified of the guardianship or protective proceeding;
(2) the length of time the respondent at any time was physically
present in the state and the duration of any absence;
(3) the location of the respondent's property; and
(4) the extent to which the respondent has ties to the state such as
voting registration, state or local tax return filing, vehicle registration,
driver's license, social relationship and receipt of services.
New Sec. 8. Sections 7 through 15, and amendments thereto,
provides the exclusive jurisdictional basis for a court of this state to
appoint a guardian or issue a protective order for an adult.
New Sec. 9. A court of this state has jurisdiction to appoint a
guardian or issue a protective order for a respondent if:
(a) This state is the respondent's home state;
(b) on the date the petition is filed, this state is a significant-
connection state and:
(1) The respondent does not have a home state or a court of the
respondent's home state has declined to exercise jurisdiction because
this state is a more appropriate forum; or
(2) the respondent has a home state, a petition for an appointment
or order is not pending in a court of that state or another significant-
connection state, and, before the court makes the appointment or issues
the order:
(A) A petition for an appointment or order is not filed in the
respondent's home state;
(B) an objection to the court's jurisdiction is not filed by a person
required to be notified of the proceeding; and
(C) the court in this state concludes that it is an appropriate forum
under the factors set forth in section 12, and amendments thereto;
(c) this state does not have jurisdiction under either subsection (a)
or (b), the respondent's home state and all significant-connection states
have declined to exercise jurisdiction because this state is the more
appropriate forum and jurisdiction in this state is consistent with the
constitutions of this state and the United States; or
(d) the requirements for special jurisdiction under section 10, and
amendments thereto, are met.
New Sec. 10. (a) A court of this state lacking jurisdiction under
section 9(a), (b) or (c), and amendments thereto, has special jurisdiction
to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding
90 days for a respondent who is physically present in this state;
(2) issue a protective order with respect to real or tangible
personal property located in this state;
(3) appoint a guardian or conservator for an incapacitated or
protected person for whom a provisional order to transfer the
proceeding from another state has been issued under procedures similar
to section 16, and amendments thereto.
(b) If a petition for the appointment of a guardian in an emergency
is brought in this state and this state was not the respondent's home
state on the date the petition was filed, the court shall dismiss the
proceeding at the request of the court of the home state, if any, whether
dismissal is requested before or after the emergency appointment.
New Sec. 11. Except as otherwise provided in section 10, and
amendments thereto, a court that has appointed a guardian or issued a
protective order consistent with this act has exclusive and continuing
jurisdiction over the proceeding until it is terminated by the court or the
appointment or order expires by its own terms.
HOUSE BILL No. 2359—page 4
New Sec. 12. (a) A court of this state having jurisdiction under
section 9, and amendments thereto, to appoint a guardian or issue a
protective order may decline to exercise its jurisdiction if it determines
at any time that a court of another state is a more appropriate forum.
(b) If a court of this state declines to exercise its jurisdiction under
subsection (a), it shall either dismiss or stay the proceeding. The court
may impose any condition the court considers just and proper,
including the condition that a petition for the appointment of a guardian
or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court
shall consider all relevant factors, including:
(1) Any expressed preference of the respondent;
(2) whether abuse, neglect or exploitation of the respondent has
occurred or is likely to occur and which state could best protect the
respondent from the abuse, neglect or exploitation;
(3) the length of time the respondent was physically present in or
was a legal resident of this or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent's estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue
expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and
issues in the proceeding; and
(9) if an appointment were made, the court's ability to monitor the
conduct of the guardian or conservator.
New Sec. 13. (a) If at any time a court of this state determines that
it acquired jurisdiction to appoint a guardian or issue a protective order
because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an
appropriate remedy to ensure the health, safety and welfare of the
respondent or the protection of the respondent's property or prevent a
repetition of the unjustifiable conduct, including staying the proceeding
until a petition for the appointment of a guardian or issuance of a
protective order is filed in a court of another state having jurisdiction;
or
(3) continue to exercise jurisdiction after considering:
(A) The extent to which the respondent and all persons required to
be notified of the proceedings have acquiesced in the exercise of the
court's jurisdiction;
(B) whether it is a more appropriate forum than the court of any
other state under the factors set forth in section 12(c), and amendments
thereto; and
(C) whether the court of any other state would have jurisdiction
under factual circumstances in substantial conformity with the
jurisdictional standards of section 9, and amendments thereto.
(b) If a court of this state determines that it acquired jurisdiction to
appoint a guardian or issue a protective order because a party seeking
to invoke its jurisdiction engaged in unjustifiable conduct, it may assess
against that party necessary and reasonable expenses, including
attorney fees, investigative fees, court costs, communication expenses,
witness fees and expenses and travel expenses. The court may not
assess fees, costs or expenses of any kind against this state or a
governmental subdivision, agency or instrumentality of this state unless
authorized by law other than this act.
New Sec. 14. If a petition for the appointment of a guardian or
issuance of a protective order is brought in this state and this state was
not the respondent's home state on the date the petition was filed, in
HOUSE BILL No. 2359—page 5
addition to complying with the notice requirements of this state, notice
of the petition must be given to those persons who would be entitled to
notice of the petition if a proceeding were brought in the respondent's
home state. The notice must be given in the same manner as notice is
required to be given in this state.
New Sec. 15. Except for a petition for the appointment of a
guardian in an emergency or issuance of a protective order limited to
property located in this state under section 10(a)(1) or (2), and
amendments thereto, if a petition for the appointment of a guardian or
issuance of a protective order is filed in this state and in another state
and neither petition has been dismissed or withdrawn, the following
rules apply:
(a) If the court in this state has jurisdiction under section 9, and
amendments thereto, it may proceed with the case unless a court in
another state acquires jurisdiction under provisions similar to section 9,
and amendments thereto, before the appointment or issuance of the
order.
(b) If the court in this state does not have jurisdiction under
section 9, and amendments thereto, whether at the time the petition is
filed or at any time before the appointment or issuance of the order, the
court shall stay the proceeding and communicate with the court in the
other state. If the court in the other state has jurisdiction, the court in
this state shall dismiss the petition unless the court in the other state
determines that the court in this state is a more appropriate forum.
New Sec. 16. (a) A guardian or conservator appointed in this state
may petition the court to transfer the guardianship or conservatorship to
another state.
(b) Notice of a petition under subsection (a) must be given to the
persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator.
(c) On the court's own motion or on request of the guardian or
conservator, the incapacitated or protected person, or other person
required to be notified of the petition, the court shall hold a hearing on
a petition filed pursuant to subsection (a).
(d) The court shall issue an order provisionally granting a petition
to transfer a guardianship and shall direct the guardian to petition for
guardianship in the other state if the court is satisfied that the
guardianship will be accepted by the court in the other state and the
court finds that:
(1) The incapacitated person is physically present in or is
reasonably expected to move permanently to the other state;
(2) an objection to the transfer has not been made or, if an
objection has been made, the objector has not established that the
transfer would be contrary to the interests of the incapacitated person;
and
(3) plans for care and services for the incapacitated person in the
other state are reasonable and sufficient.
(e) The court shall issue a provisional order granting a petition to
transfer a conservatorship and shall direct the conservator to petition
for conservatorship in the other state if the court is satisfied that the
conservatorship will be accepted by the court of the other state and the
court finds that:
(1) The protected person is physically present in or is reasonably
expected to move permanently to the other state, or the protected
person has a significant connection to the other state considering the
factors in section 7(b), and amendments thereto;
(2) an objection to the transfer has not been made or, if an
objection has been made, the objector has not established that the
transfer would be contrary to the interests of the protected person; and
HOUSE BILL No. 2359—page 6
(3) adequate arrangements will be made for management of the
protected person's property.
(f) The court shall issue a final order confirming the transfer and
terminating the guardianship or conservatorship upon its receipt of:
(1) A provisional order accepting the proceeding from the court to
which the proceeding is to be transferred which is issued under
provisions similar to section 17, and amendments thereto; and
(2) the documents required to terminate a guardianship or
conservatorship in this state.
New Sec. 17. (a) To confirm transfer of a guardianship or
conservatorship transferred to this state under provisions similar to
section 16, and amendments thereto, the guardian or conservator must
petition the court in this state to accept the guardianship or
conservatorship. The petition must include a certified copy of the other
state's provisional order of transfer.
(b) Notice of a petition under subsection (a) must be given to
those persons that would be entitled to notice if the petition were a
petition for the appointment of a guardian or issuance of a protective
order in both the transferring state and this state. The notice must be
given in the same manner as notice is required to be given in this state.
(c) On the court's own motion or on request of the guardian or
conservator, the incapacitated or protected person, or other person
required to be notified of the proceeding, the court shall hold a hearing
on a petition filed pursuant to subsection (a).
(d) The court shall issue an order provisionally granting a petition
filed under subsection (a) unless:
(1) An objection is made and the objector establishes that transfer
of the proceeding would be contrary to the interests of the incapacitated
or protected person; or
(2) the guardian or conservator is ineligible for appointment in this
state.
(e) The court shall issue a final order accepting the proceeding and
appointing the guardian or conservator as guardian or conservator in
this state upon its receipt from the court from which the proceeding is
being transferred of a final order issued under provisions similar to
section 16, and amendments thereto, transferring the proceeding to this
state.
(f) Not later than 90 days after issuance of a final order accepting
transfer of a guardianship or conservatorship, the court shall determine
whether the guardianship or conservatorship needs to be modified to
conform to the law of this state.
(g) In granting a petition under this section, the court shall
recognize a guardianship or conservatorship order from the other state,
including the determination of the incapacitated or protected person's
incapacity and the appointment of the guardian or conservator.
(h) The denial by a court of this state of a petition to accept a
guardianship or conservatorship transferred from another state does not
affect the ability of the guardian or conservator to seek appointment as
guardian or conservator in this state under sections 24 through 135, and
amendments thereto, if the court has jurisdiction to make an
appointment other than by reason of the provisional order of transfer.
New Sec. 18. If a guardian has been appointed in another state and
a petition for the appointment of a guardian is not pending in this state,
the guardian appointed in the other state, after giving notice to the
appointing court of an intent to register, may register the guardianship
order in this state by filing as a foreign judgment in a court, in any
appropriate county of this state, certified copies of the order and letters
of office.
New Sec. 19. If a conservator has been appointed in another state
HOUSE BILL No. 2359—page 7
and a petition for a protective order is not pending in this state, the
conservator appointed in the other state, after giving notice to the
appointing court of an intent to register, may register the protective
order in this state by filing as a foreign judgment in a court of this state,
in any county in which property belonging to the protected person is
located, certified copies of the order and letters of office and of any
bond.
New Sec. 20. (a) Upon registration of a guardianship or protective
order from another state, the guardian or conservator may exercise in
this state all powers authorized in the order of appointment except as
prohibited under the laws of this state, including maintaining actions
and proceedings in this state and, if the guardian or conservator is not a
resident of this state, subject to any conditions imposed upon
nonresident parties.
(b) A court of this state may grant any relief available under this
act and other law of this state to enforce a registered order.
New Sec. 21. In applying and construing this uniform act,
consideration must be given to the need to promote uniformity of the
law with respect to its subject matter among states that enact it.
New Sec. 22. This act modifies, limits or supersedes the electronic
signatures in global and national commerce act, 15 U.S.C. § 7001 et
seq., but does not modify, limit or supersede section 101(c) of that act,
15 U.S.C. § 7001(c), or authorize electronic delivery of any of the
notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).
New Sec. 23. (a) This act applies to guardianship and protective
proceedings begun on or after January 1, 2026.
(b) Sections 1 through 6 and 16 through 22, and amendments
thereto, apply to proceedings begun before January 1, 2026, regardless
of whether a guardianship or protective order has been issued.
New Sec. 24. Sections 24 through 135, and amendments thereto,
may be cited as the Kansas uniform guardianship, conservatorship and
other protective arrangements act.
New Sec. 25. As used in this act:
(a) "Adult" means an individual at least 18 years of age or an
emancipated individual under 18 years of age.
(b) "Adult subject to conservatorship" means an adult for whom a
conservator has been appointed under this act.
(c) "Adult subject to guardianship" means an adult for whom a
guardian has been appointed under this act.
(d) "Claim" includes a claim against an individual or
conservatorship estate, whether arising in contract, tort or otherwise.
(e) "Conservator" means a person appointed by a court to make
decisions with respect to the property or financial affairs of an
individual subject to conservatorship. "Conservator" includes a co-
conservator.
(f) "Conservatorship estate" means the property subject to
conservatorship under this act.
(g) "Expressly and with informed consent" means consent
voluntarily given with sufficient knowledge of the subject matter
involved, including a general understanding of the procedure,
medically acceptable alternative procedures or treatments and
substantial risks and hazards inherent in the proposed treatment or
procedures, to enable the person giving consent to make an
understanding and enlightened decision without any element of force,
fraud, deceit, duress or other form of constraint or coercion.
(h) "Full conservatorship" means a conservatorship that grants the
conservator all powers available under this act.
(i) "Full guardianship" means a guardianship that grants the
guardian all powers available under this act.
HOUSE BILL No. 2359—page 8
(j) "Guardian" means a person appointed by the court to make
decisions with respect to the personal affairs of an individual.
"Guardian" includes a co-guardian but does not include a guardian ad
litem.
(k) "Guardian ad litem" means a person appointed to inform the
court about, and to represent, the needs and best interest of an
individual.
(l) "Hydration" means water or fluid administered in any manner.
(m) "Individual subject to conservatorship" means an adult or
minor for whom a conservator has been appointed under this act.
(n) "Individual subject to guardianship" means an adult or minor
for whom a guardian has been appointed under this act.
(o) "Less restrictive alternative" means an approach to meeting an
individual's needs which restricts fewer rights of the individual than
would the appointment of a guardian or conservator. "Less restrictive
alternative" includes supported decision making, appropriate
technological assistance, appointment of a representative payee and
appointment of an agent by the individual, including appointment under
a power of attorney for healthcare or power of attorney for finances.
(p) "Letters of office" means a record issued by a court certifying
a guardian's or conservator's authority to act.
(q) "Limited conservatorship" means a conservatorship that grants
the conservator less than all powers available under this act, grants
powers over only certain property or otherwise restricts the powers of
the conservator.
(r) "Limited guardianship" means a guardianship that grants the
guardian less than all powers available under this act or otherwise
restricts the powers of the guardian.
(s) "Minor" means an unemancipated individual under 18 years of
age.
(t) "Minor subject to conservatorship" means a minor for whom a
conservator has been appointed under this act.
(u) "Minor subject to guardianship" means a minor for whom a
guardian has been appointed under this act.
(v) "Nutrition" means sustenance administered in any manner.
(w) "Parent" does not include an individual whose parental rights
have been terminated.
(x) "Person" means an individual, estate, business or nonprofit
entity, public corporation, government or governmental subdivision,
agency or instrumentality or other legal entity.
(y) "Person legally incapable of making health care decisions"
means any person who:
(1) (A) Has been declared legally unable to make decisions
affecting medical treatment or care; and
(B) in the reasonable medical judgment of the attending physician,
is unable to make decisions affecting medical treatment or other health
care services; or
(2) is a minor.
(z) "Property" includes tangible and intangible property.
(aa) "Protective arrangement instead of conservatorship" means a
court order entered under section 121, and amendments thereto.
(bb) "Protective arrangement instead of guardianship" means a
court order entered under section 120, and amendments thereto.
(cc) "Reasonable medical judgment" means a medical judgment
that would be made by a reasonably prudent physician, knowledgeable
about the case and the treatment possibilities with respect to the
medical conditions involved.
(dd) "Record," used as a noun, means information that is inscribed
on a tangible medium or that is stored in an electronic or other medium
HOUSE BILL No. 2359—page 9
and is retrievable in perceivable form.
(ee) "Respondent" means an individual for whom appointment of
a guardian or conservator or a protective arrangement instead of
guardianship or conservatorship is sought.
(ff) "Sign" means, with present intent to authenticate or adopt a
record:
(1) To execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record an electronic
symbol, sound or process.
(gg) "Standby guardian" means a person appointed by the court
under section 57, and amendments thereto.
(hh) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands or any territory
or insular possession subject to the jurisdiction of the United States.
"State" includes a federally recognized Indian tribe.
(ii) "Supported decision making" means assistance from one or
more persons of an individual's choosing in understanding the nature
and consequences of potential personal and financial decisions, which
enables the individual to make the decisions, and in communicating a
decision once made if consistent with the individual's wishes.
New Sec. 26. Unless displaced by a particular provision of this
act, the principles of law and equity supplement its provisions.
New Sec. 27. (a) Except to the extent jurisdiction is precluded by
the uniform child custody jurisdiction and enforcement act, K.S.A. 23-
37,101 through 23-37,405, and amendments thereto, the district court
has jurisdiction over a guardianship for a minor domiciled or present in
this state. The court has jurisdiction over a conservatorship or
protective arrangement instead of conservatorship for a minor
domiciled or having property in this state.
(b) The district court has jurisdiction over a guardianship,
conservatorship or protective arrangement under section 120 or 121,
and amendments thereto, for an adult as provided in the uniform adult
guardianship and protective proceedings jurisdiction act, sections 1
through 23, and amendments thereto.
(c) After notice is given in a proceeding for a guardianship,
conservatorship or protective arrangement under section 120 or 121,
and amendments thereto, and until termination of the proceeding, the
court in which the petition is filed has:
(1) Exclusive jurisdiction to determine the need for the
guardianship, conservatorship or protective arrangement;
(2) exclusive jurisdiction to determine how property of the
respondent must be managed, expended or distributed to or for the use
of the respondent, an individual who is dependent in fact on the
respondent or other claimant;
(3) nonexclusive jurisdiction to determine the validity of a claim
against the respondent or property of the respondent or a question of
title concerning the property; and
(4) if a guardian or conservator is appointed, exclusive jurisdiction
over issues related to administration of the guardianship or
conservatorship.
(d) A court that appoints a guardian or conservator, or authorizes a
protective arrangement under section 120 or 121, and amendments
thereto, has exclusive and continuing jurisdiction over the proceeding
until the court terminates the proceeding or the appointment or
protective arrangement expires by its terms.
New Sec. 28. (a) This section does not apply to a guardianship or
conservatorship for an adult that is subject to the transfer provisions of
section 16 or 17, and amendments thereto.
(b) After appointment of a guardian or conservator, the court that
HOUSE BILL No. 2359—page 10
made the appointment may transfer the proceeding to a court in another
county in this state or another state if transfer is in the best interest of
the individual subject to the guardianship or conservatorship.
(c) If a proceeding for a guardianship or conservatorship is
pending in another state or a foreign country and a petition for
guardianship or conservatorship for the same individual is filed in a
court in this state, the court shall notify the court in the other state or
foreign country and, after consultation with that court, assume or
decline jurisdiction, whichever is in the best interest of the respondent.
(d) A guardian or conservator appointed in another state or
country may petition the court for appointment as a guardian or
conservator in this state for the same individual if jurisdiction in this
state is or will be established. The appointment may be made on proof
of appointment in the other state or foreign country and presentation of
a certified copy of the part of the court record in the other state or
country specified by the court in this state.
(e) Notice of hearing on a petition under subsection (d), together
with a copy of the petition, must be given to the respondent, if the
respondent is at least 12 years of age at the time of the hearing, and to
the persons that would be entitled to notice if the procedures for
appointment of a guardian or conservator under this act were
applicable. The court shall make the appointment unless it determines
the appointment would not be in the best interest of the respondent.
(f) Not later than 14 days after appointment under subsection (e),
the guardian or conservator shall give a copy of the order of
appointment to the individual subject to guardianship or
conservatorship, if the individual is at least 12 years of age, and to all
persons given notice of the hearing on the petition.
New Sec. 29. (a) Except as provided in subsection (e), venue for a
guardianship proceeding for a minor is in:
(1) The county in which the minor resides or is present at the time
the proceeding commences; or
(2) the county in which another proceeding concerning the
custody or parental rights of the minor is pending.
(b) Except as provided in subsection (e), venue for a guardianship
proceeding or protective arrangement instead of guardianship for an
adult is in:
(1) The county in which the respondent resides;
(2) if the respondent has been admitted to an institution by court
order, the county in which the court is located; or
(3) if the proceeding is for appointment of an emergency guardian
for an adult, the county in which the respondent is present.
(c) Except as provided in subsection (e), venue for a
conservatorship proceeding or protective arrangement instead of
conservatorship is in:
(1) The county in which the respondent resides, whether or not a
guardian has been appointed in another county or other jurisdiction; or
(2) if the respondent does not reside in this state, in any county in
which property of the respondent is located.
(d) If proceedings under this act are brought in more than one
county, the court of the county in which the first proceeding is brought
has the exclusive right to proceed unless the court determines that
venue is properly in another court or the interest of justice otherwise
requires transfer of the proceeding.
(e) If proceedings under this act are brought in a county other than
as provided in subsections (a), (b) or (c), the court may determine that
venue is proper if it is in the best interest of the respondent and in the
interest of justice for the proceedings to take place in that county.
New Sec. 30. (a) The petitioner and the respondent shall each be
HOUSE BILL No. 2359—page 11
afforded an opportunity to appear at the trial, to testify and to present
and cross-examine witnesses. If the trial has been consolidated with a
trial being held pursuant to either the care and treatment act for
mentally ill persons or the care and treatment act for persons with an
alcohol or substance abuse problem, persons not necessary for the
conduct of the proceedings may be excluded as provided for in those
acts. The trial shall be conducted in as informal a manner as may be
consistent with orderly procedure. The court shall have the authority to
receive all relevant and material evidence which may be offered,
including the testimony or written report, findings or recommendations
of any professional or other person who has examined or evaluated the
respondent and the testimony and written findings and
recommendations of any court liaison appointed pursuant to section 67,
and amendments thereto. Such evidence shall not be privileged for the
purpose of this trial.
(b) If proceedings for a guardianship, conservatorship or
protective arrangement under section 120 or 121, and amendments
thereto, for the same individual are commenced or pending in the same
court, the proceedings may be consolidated.
(c) A respondent may demand a jury trial in a proceeding under
this act on the issue of whether a basis exists for appointment of a
guardian or conservator.
New Sec. 31. (a) The court shall issue letters of office to a
guardian on filing by the guardian of:
(1) An acceptance of appointment;
(2) an oath or affirmation as required by K.S.A. 59-1702, and
amendments thereto;
(3) evidence of completion of a basic instructional program
concerning the duties and responsibilities of a guardian; and
(4) a personal information sheet containing any personal
identifying information about the guardian required by the court. Such
information shall not be disclosed to the public.
(b) The court shall issue letters of office to a conservator on filing
by the conservator of:
(1) An acceptance of appointment;
(2) an oath or affirmation as required by K.S.A. 59-1702, and
amendments thereto;
(3) any required bond or compliance with any other asset-
protection arrangement required by the court;
(4) evidence of completion of a basic instructional program
concerning the duties and responsibilities of a conservator; and
(5) a personal information sheet containing any personal
identifying information about the conservator required by the court.
Such information shall not be disclosed to the public.
(c) Limitations on the powers of a guardian or conservator or on
the property subject to conservatorship must be stated on the letters of
office. If the court appoints co-guardians or co-conservators, the letters
of office must specify whether such co-guardians or co-conservators
may act independently, whether they must act jointly, or under what
circumstances or with regard to what matters they may act
independently or must act jointly.
(d) The court at any time may limit the powers conferred on a
guardian or conservator. The court shall issue new letters of office to
reflect the limitation. The court shall give notice of the limitation to the
guardian or conservator, individual subject to guardianship or
conservatorship, each parent of a minor subject to guardianship or
conservatorship and any other person the court determines.
(e) The judicial council shall prepare a basic instructional program
concerning the duties and responsibilities of a guardian and a
HOUSE BILL No. 2359—page 12
conservator. The court shall have the authority to require any guardian
or conservator appointed prior to January 1, 2026, to complete the basic
instructional program and provide evidence thereof to the court.
New Sec. 32. (a) On acceptance of appointment, a guardian or
conservator submits to personal jurisdiction of the court in this state in
any proceeding relating to the guardianship or conservatorship.
(b) Every guardian or conservator that resides outside the state of
Kansas shall appoint a resident agent by executing an appointment of
resident agent that specifically identifies the person or entity that will
act as the resident agent. A resident agent may be either:
(1) An individual resident in this state; or
(2) a corporation, limited partnership, limited liability partnership,
limited liability company or business trust that has its principal place of
business in this state.
(c) Every resident agent for a guardian or conservator shall:
(1) Maintain contact with and remain aware of the current address
and phone number of the guardian or conservator;
(2) accept service of process and other communications directed to
the guardian or conservator; and
(3) forward to the guardian or conservator documents sent by the
court, the secretary of state or any other state agency.
(d) Every resident agent shall accept the appointment as resident
agent by executing an acceptance of appointment that specifically
identifies the name of the guardian or conservator and expresses the
appointed resident agent's agreement to fulfill their role, as described in
this section.
(e) For purposes of this section, the terms guardian and
conservator shall include co-guardians and co-conservators, temporary
substitute guardians and conservators, standby guardians and
conservators, successor guardians and conservators and emergency
guardians and conservators.
New Sec. 33. (a) The court at any time may appoint a co-guardian
or co-conservator who may act when that co-guardian or co-
conservator complies with section 31(a) or (b), and amendments
thereto, respectively.
(b) If the court appoints co-guardians or co-conservators, the court
shall specify in the letters of office whether such co-guardians or co-
conservators may act independently, whether they must act jointly, or
under what circumstances or with regard to what matters they may act
independently or must act jointly.
New Sec. 34. (a) The court at any time may appoint a successor
guardian or successor conservator to serve immediately or when a
designated event occurs, including the absence, impairment, resignation
or death of the guardian or conservator.
(b) A person entitled under section 52 or 65, and amendments
thereto, to petition the court to appoint a guardian may petition the
court to appoint a successor guardian. A person entitled under section
84, and amendments thereto, to petition the court to appoint a
conservator may petition the court to appoint a successor conservator.
(c) A successor guardian or successor conservator appointed to
serve when a designated event occurs may act as guardian or
conservator when:
(1) The event occurs; and
(2) the successor complies with section 31(a) or (b), and
amendments thereto, respectively.
(d) A successor guardian or successor conservator has the
predecessor's powers unless otherwise provided by the court.
New Sec. 35. (a) Any corporation organized under the Kansas
general corporation code may act as guardian for an individual found to
HOUSE BILL No. 2359—page 13
be in need of a guardian under the Kansas uniform guardianship,
conservatorship and other protective arrangements act, sections 24
through 135, and amendments thereto, if the corporation has been
certified by the secretary for children and families as a suitable agency
to perform the duties of a guardian.
(b) The secretary for children and families shall establish criteria
for determining whether a corporation should be certified as a suitable
agency to perform the duties of a guardian. The criteria shall be
designed for the protection of the ward and shall include, but not be
limited to, the following:
(1) Whether the corporation is capable of performing the duties of
a guardian;
(2) whether the staff of the corporation is accessible and available
to wards and to other persons concerned about their well-being and is
adequate in number to properly perform the duties and responsibilities
of a guardian;
(3) whether the corporation is a stable organization which is likely
to continue in existence for some time; and
(4) whether the corporation will agree to submit such reports and
answer such questions as the secretary may require in monitoring
corporate guardianships.
(c) Application for certification under this section shall be made to
the secretary for children and families in such manner as the secretary
may direct. The secretary for children and families may suspend or
revoke certification of a corporation under this section, after notice and
hearing, upon a finding that such corporation has failed to comply with
the criteria established by rules and regulations under subsection (b).
Such corporation shall not be appointed as a guardian during the period
of time the certificate is suspended or revoked.
(d) No corporation shall be eligible for appointment as provided
for in sections 55 and 71, and amendments thereto, as the guardian of
any person if such corporation provides care, treatment or housing to
that person or is the owner, part owner or operator of any adult care
home, lodging establishment or institution utilized for the care,
treatment or housing of that person.
(e) The secretary for children and families may adopt rules and
regulations necessary to administer the provisions of this section.
New Sec. 36. (a) Appointment of a guardian or conservator
terminates on the death or removal of the guardian or conservator, or
when the court under subsection (b) approves a resignation of the
guardian or conservator.
(b) A guardian or conservator must petition the court for approval
to resign. The petition may include a request that the court appoint a
successor. Notice of the petition must be given to the person subject to
guardianship or conservatorship and any other person the court
determines. Resignation of a guardian or conservator is effective on the
date the resignation is approved by the court.
(c) Death, removal or resignation of a guardian or conservator
does not affect liability for a previous act or the obligation to account
for:
(1) An action taken on behalf of the individual subject to
guardianship or conservatorship; or
(2) the individual's funds or other property.
New Sec. 37. (a) Except as otherwise provided in sections 53, 57,
66, 85 and 123, and amendments thereto, if notice of a hearing under
this act is required, the movant shall give notice of the date, time and
place of the hearing to the person to be notified unless otherwise
ordered by the court for good cause. Except as otherwise provided in
this act, notice must be given in compliance with K.S.A. 59-2208, and
HOUSE BILL No. 2359—page 14
amendments thereto, at least 14 days before the hearing.
(b) Proof of notice of a hearing under this act must be made before
or at the hearing and filed in the proceeding.
(c) Notice of a hearing under this act must be in at least 16-point
font, in plain language, and, to the extent feasible, in a language in
which the person to be notified is proficient.
New Sec. 38. A respondent, individual subject to guardianship,
individual subject to conservatorship or individual subject to a
protective arrangement under section 120 or 121, and amendments
thereto, may not waive notice under this act. Any other person may
waive notice in a record signed by the person or person's attorney and
filed in the proceeding.
New Sec. 39. The court at any time may appoint a guardian ad
litem for an individual if the court determines the individual's interest
otherwise would not be adequately represented. If no conflict of interest
exists, a guardian ad litem may be appointed to represent multiple
individuals or interests. The guardian ad litem may not be the same
individual as the attorney representing the respondent. The court shall
state the duties of the guardian ad litem and the reasons for the
appointment in the order of appointment.
New Sec. 40. (a) A person may file with the court a request for
notice under this act if the person is:
(1) Not otherwise entitled to notice; and
(2) interested in the welfare of a respondent, individual subject to
guardianship or conservatorship or individual subject to a protective
arrangement under section 120 or 121, and amendments thereto.
(b) A request under subsection (a) must include a statement
showing the interest of the person making the request and the address
of the person or an attorney for the person to whom notice is to be
given.
(c) If the court approves a request under subsection (a), the court
shall give notice of the approval to the guardian or conservator, if one
has been appointed, or the respondent if no guardian or conservator has
been appointed.
New Sec. 41. (a) Before accepting appointment as a guardian or
conservator, a person shall disclose to the court whether the person:
(1) Is or has been a debtor in a bankruptcy, insolvency or
receivership proceeding;
(2) has been convicted of:
(A) A felony;
(B) a crime involving dishonesty, neglect, violence or use of
physical force; or
(C) other crime relevant to the functions the individual would
assume as guardian or conservator;
(3) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse as validated by the Kansas department for
children and families pursuant to K.S.A. 38-2226, and amendments
thereto; or
(4) has been found to have committed an act of abuse, neglect or
exploitation of an adult as contained in the register of reports under
K.S.A. 39-1434, and amendments thereto.
(b) A guardian or conservator that engages or anticipates engaging
a service provider the guardian or conservator knows has been
convicted of a felony, a crime involving dishonesty, neglect, violence or
use of physical force, or other crime relevant to the functions the
service provider is being engaged to perform promptly shall disclose
that knowledge to the court in writing.
(c) If a conservator engages or anticipates engaging a service
provider under section 47, and amendments thereto, to manage finances
HOUSE BILL No. 2359—page 15
of the individual subject to conservatorship and knows the service
provider is or has been a debtor in a bankruptcy, insolvency or
receivership proceeding, the conservator promptly shall disclose that
knowledge to the court in writing.
New Sec. 42. (a) Unless otherwise compensated or reimbursed, an
attorney for a respondent in a proceeding under this act is entitled to
reasonable compensation for services and reimbursement of reasonable
expenses from the property of the respondent.
(b) Unless otherwise compensated or reimbursed, an attorney or
other person whose services resulted in an order beneficial to an
individual subject to guardianship or conservatorship or for whom a
protective arrangement under section 120 or 121, and amendments
thereto, was ordered is entitled to reasonable compensation for services
and reimbursement of reasonable expenses from the property of the
individual.
(c) The court must approve compensation and expenses payable
under this section before payment. Approval is not required before a
service is provided or an expense is incurred. The costs may be taxed to
the property of the respondent or individual subject to guardianship or
conservatorship or for whom a protective arrangement under section
120 or 121, and amendments thereto, was ordered, to those bound by
law to support such person, to other parties whenever it would be just
and equitable to do so, or to the county of residence of the respondent
or individual subject to guardianship or conservatorship or for whom a
protective arrangement under section 120 or 121, and amendments
thereto, was ordered as the court having venue shall direct.
(d) If the court dismisses a petition under this act and determines
the petition was filed in bad faith, the court may assess the cost of any
court-ordered professional evaluation or court liaison and attorney fees
against the petitioner or the petitioner's counsel.
(e) In any contested proceeding the court, in its discretion, may
require one or more parties to give security for the costs of the
proceeding or, in lieu of such security, to file a poverty affidavit as
provided for in the code of civil procedure.
(f) Any district court receiving a statement of costs from another
district court shall approve the same for payment out of the general
fund of its county except that it may refuse to approve the same for
payment only on the grounds that the respondent or person under
guardianship or conservatorship is not a resident of that county. In such
case it shall transmit the statement of costs to the secretary of the
department for children and families who shall determine the question
of residence and certify those findings to each district court. If the
claim for costs is not paid within 30 days after such certification, an
action may be maintained thereon by the claimant county in the district
court of the claimant county against the debtor county. The findings
made by the secretary of the department for children and families as to
the residence of the respondent or person subject to guardianship or
conservatorship shall be applicable only to the assessment of costs. Any
county of residence which pays from its general fund court costs to the
district court of another county may recover the same in any court of
competent jurisdiction from the estate of the respondent or person
subject to guardianship or conservatorship or from those bound by law
to support the respondent or person subject to guardianship or
conservatorship, unless the court finds that the proceedings in which
such costs were incurred were instituted without good cause and not in
good faith.
New Sec. 43. (a) Subject to court approval, a guardian is entitled
to reasonable compensation for services as guardian and to
reimbursement for room, board, clothing and other appropriate
HOUSE BILL No. 2359—page 16
expenses advanced for the benefit of the individual subject to
guardianship.
(b) Subject to court approval, a conservator is entitled to
reasonable compensation for services and reimbursement for
appropriate expenses from the property of the individual subject to
conservatorship.
(c) In determining reasonable compensation for a guardian or
conservator, the court, or a conservator in determining reasonable
compensation for a guardian as provided in subsection (a), shall
consider:
(1) The necessity and quality of the services provided;
(2) the experience, training, professional standing and skills of the
guardian or conservator;
(3) the difficulty of the services performed, including the degree
of skill and care required;
(4) the conditions and circumstances under which a service was
performed, including whether the service was provided outside regular
business hours or under dangerous or extraordinary conditions;
(5) the effect of the services on the individual subject to
guardianship or conservatorship;
(6) the extent to which the services provided were or were not
consistent with the guardian's plan under section 79, and amendments
thereto, or conservator's plan under section 103, and amendments
thereto; and
(7) the fees customarily paid to a person that performs a like
service in the community.
(d) A guardian or conservator need not use personal funds of the
guardian or conservator for the expenses of the individual subject to
guardianship or conservatorship.
(e) If an individual subject to guardianship or conservatorship
seeks to modify or terminate the guardianship or conservatorship or
remove the guardian or conservator, the court may order compensation
to the guardian or conservator for time spent opposing modification,
termination or removal only to the extent the court determines the
opposition was reasonably necessary to protect the interest of the
individual subject to guardianship or conservatorship.
(f) Nothing in this section shall prohibit a guardian or a
conservator associated with the Kansas guardianship program from
receiving a stipend from that program.
New Sec. 44. A guardian or conservator is not personally liable to
another person solely because of the guardianship or conservatorship
for an act or omission of the individual subject to guardianship or
conservatorship.
New Sec. 45. (a) A guardian or conservator may petition the court
for instruction concerning fiduciary responsibility or ratification of a
particular act related to the guardianship or conservatorship.
(b) Upon the filing of a petition under this section, the court may
appoint counsel for the individual subject to guardianship or
conservatorship.
(c) On notice and hearing on a petition under subsection (a), the
court may give an instruction and issue an appropriate order.
New Sec. 46. (a) A person must recognize the authority of a
guardian or conservator to act on behalf of an individual subject to
guardianship or conservatorship unless:
(1) The person has actual knowledge or a reasonable belief that
the letters of office of the guardian or conservator are invalid or the
conservator or guardian is exceeding or improperly exercising authority
granted by the court;
(2) the person has actual knowledge that the individual subject to
HOUSE BILL No. 2359—page 17
guardianship or conservatorship is subject to physical or financial
abuse, neglect, exploitation or abandonment by the guardian or
conservator or a person acting for or with the guardian or conservator;
or
(3) the person makes, or has actual knowledge that another person
has made, a report under K.S.A. 39-1402 or 39-1431, and amendments
thereto, stating a good-faith belief that the individual subject to
guardianship or conservatorship is subject to physical or financial
abuse, neglect, exploitation or abandonment by the guardian or
conservator or a person acting for or with the guardian or conservator.
(b) A person that refuses to accept the authority of a guardian or
conservator must, within 10 days of the refusal, report the refusal and
the reason for refusal to the court. Upon receiving the report, the clerk
of the district court shall forward the report to the presiding judge who
shall consider whether further action is appropriate. A report of a
refusal under this section shall be treated in the same manner as a
grievance under section 50, and amendments thereto.
(c) A guardian or conservator may petition the court to require a
third party to accept a decision made by the guardian or conservator on
behalf of the individual subject to guardianship or conservatorship.
New Sec. 47. (a) A guardian or conservator may retain a third
person to provide any service to an individual subject to guardianship
or conservatorship if retaining such third person, hereinafter referred to
as a service provider, is consistent with the guardian's or conservator's
fiduciary duties and the guardian's plan under section 79, and
amendments thereto, or conservator's plan under section 103, and
amendments thereto.
(b) In retaining a service provider under subsection (a), the
guardian or conservator shall exercise reasonable care, skill and caution
in:
(1) Selecting the service provider;
(2) establishing the scope and terms of the service provider's work
in accordance with the guardian's plan under section 79, and
amendments thereto, or the conservator's plan under section 103, and
amendments thereto;
(3) monitoring the service provider's performance and compliance
with the scope and terms of work; and
(4) redressing an act or omission of the service provider which
would constitute a breach of the guardian's or conservator's duties if
done by the guardian or conservator.
(c) In providing services under this section, a service provider
shall exercise reasonable care to comply with the scope and terms of
the work and use reasonable care in the performance of the work.
(d) A service provider who agrees to provide services under
subsection (a) submits to the personal jurisdiction of the courts of this
state in an action involving the service provider's performance.
(e) A guardian or conservator that retains and monitors a service
provider in compliance with this section is not liable for the decision,
act or omission of the service provider.
New Sec. 48. (a) The court may appoint a temporary substitute
guardian for an individual subject to guardianship for a period not
exceeding six months if:
(1) A proceeding to remove a guardian for the individual is
pending; or
(2) the court finds a guardian is not effectively performing the
guardian's duties and the welfare of the individual requires immediate
action.
(b) The court may appoint a temporary substitute conservator for
an individual subject to conservatorship for a period not exceeding six
HOUSE BILL No. 2359—page 18
months if:
(1) A proceeding to remove a conservator for the individual is
pending; or
(2) the court finds that a conservator for the individual is not
effectively performing the conservator's duties and the welfare of the
individual or the conservatorship estate requires immediate action.
(c) Except as otherwise ordered by the court, a temporary
substitute guardian or temporary substitute conservator appointed under
this section has the powers stated in the order of appointment of the
guardian or conservator. The authority of the existing guardian or
conservator is suspended for as long as the temporary substitute
guardian or conservator has authority.
(d) (1) The court shall give notice of appointment of a temporary
substitute guardian or temporary substitute conservator, not later than
five days after the appointment, to:
(A) The individual subject to guardianship or conservatorship;
(B) the affected guardian or conservator; and
(C) in the case of a minor, each parent of the minor and any
person currently having care or custody of the minor.
(2) If the individual subject to guardianship or conservatorship is
not represented by an attorney, the court shall appoint an attorney under
the same conditions as in sections 54 and 68, and amendments thereto.
The court shall set the matter for hearing if any person entitled to notice
so requests.
(e) The court may remove a temporary substitute guardian or
temporary substitute conservator at any time. The temporary substitute
guardian or temporary substitute conservator shall make any report the
court requires.
New Sec. 49. (a) If a guardian has been appointed in another state
for an individual, and a petition for guardianship for the individual is
not pending in this state, the guardian appointed in the other state, after
giving notice to the appointing court, may register the guardianship
order in this state by filing as a foreign judgment, in a court of an
appropriate county of this state, certified copies of the order and letters
of office.
(b) If a conservator has been appointed in another state for an
individual, and a petition for conservatorship for the individual is not
pending in this state, the conservator appointed for the individual in the
other state, after giving notice to the appointing court, may register the
conservatorship in this state by filing as a foreign judgment, in a court
of a county in which property belonging to the individual subject to
conservatorship is located, certified copies of the order of
conservatorship, letters of office and any bond or other asset-protection
arrangement required by the court.
(c) On registration under this section of a guardianship or
conservatorship order from another state, the guardian or conservator
may exercise in this state all powers authorized in the order except as
prohibited by this act and law of this state other than this act. If the
guardian or conservator is not a resident of this state, the guardian or
conservator may maintain an action or proceeding in this state subject
to any condition imposed by this state on an action or proceeding by a
nonresident party.
(d) The court may grant any relief available under this act and law
of this state other than this act to enforce an order registered under this
section. However, absent a transfer pursuant to section 28, and
amendments thereto, jurisdiction remains with the court that established
the guardianship or conservatorship.
New Sec. 50. (a) An individual who is subject to guardianship or
conservatorship, or person interested in the welfare of an individual
HOUSE BILL No. 2359—page 19
subject to guardianship or conservatorship, who reasonably believes the
guardian or conservator is breaching the guardian's or conservator's
fiduciary duty or otherwise acting in a manner inconsistent with this act
may file a grievance in a record with the court. The clerk of the district
court shall forward the grievance to the presiding judge.
(b) Subject to subsection (c), after receiving a grievance under
subsection (a), the court:
(1) Shall review the grievance and, if necessary to determine the
appropriate response, court records related to the guardianship or
conservatorship;
(2) shall schedule a hearing if the individual subject to
guardianship or conservatorship is an adult and the grievance supports
a reasonable belief that:
(A) Removal of the guardian and appointment of a successor may
be appropriate under section 81, and amendments thereto;
(B) termination or modification of the guardianship may be
appropriate under section 82, and amendments thereto;
(C) removal of the conservator and appointment of a successor
may be appropriate under section 112, and amendments thereto; or
(D) termination or modification of the conservatorship may be
appropriate under section 113, and amendments thereto; and
(3) may take any action supported by the evidence, including:
(A) Ordering the guardian or conservator to provide the court a
report, accounting, inventory, updated plan or other information;
(B) appointing a guardian ad litem;
(C) appointing an attorney for the individual subject to
guardianship or conservatorship; or
(D) holding a hearing.
(c) The court may decline to act under subsection (b) if a similar
grievance was filed within the six months preceding the filing of the
current grievance and the court followed the procedures of subsection
(b) in considering the earlier grievance.
New Sec. 51. (a) A person becomes a guardian for a minor only on
appointment by the court.
(b) After a hearing under section 53, and amendments thereto, the
court may appoint a guardian for a minor who does not have a guardian
if the court finds the appointment is in the minor's best interest and:
(1) Each parent of the minor, after being fully informed of the
nature and consequences of guardianship, consents;
(2) all parental rights have been terminated;
(3) there is clear and convincing evidence that the parents of the
minor are unwilling, unable or unfit to exercise the powers the court is
granting the guardian; or
(4) there is clear and convincing evidence that highly unusual or
extraordinary circumstances exist that cause the court to appoint the
guardian over the objection of a parent of the minor.
New Sec. 52. (a) A person interested in the welfare of a minor,
including the minor, may file a verified petition for appointment of a
guardian for the minor.
(b) A petition under subsection (a) must state the petitioner's
name, principal residence, current street address if different,
relationship to the minor, interest in the appointment, the name and
address of any attorney representing the petitioner and, to the extent
known, the following:
(1) The minor's name, age, principal residence, current street
address if different and address of the dwelling in which it is proposed
the minor will reside if the appointment is made;
(2) the names and current street addresses of the minor's parents;
(3) the name and address, if known, of each person that had
HOUSE BILL No. 2359—page 20
primary care or custody of the minor for at least 60 days during the two
years immediately before the filing of the petition or for at least 730
days during the five years immediately before the filing of the petition;
(4) the name and address of any attorney for the minor and any
attorney for each parent of the minor;
(5) the reason guardianship is sought and would be in the best
interest of the minor;
(6) the name and address of any proposed guardian and the reason
the proposed guardian should be selected;
(7) the name, address and relationship of any other person entitled
to notice under section 53, and amendments thereto;
(8) if the minor has property other than personal effects, a general
statement of the minor's property with an estimate of its value;
(9) whether the minor needs an interpreter, translator or other form
of support to communicate effectively with the court or understand
court proceedings;
(10) whether any parent of the minor needs an interpreter,
translator or other form of support to communicate effectively with the
court or understand court proceedings; and
(11) identify any other proceeding concerning the care or custody
of the minor that is pending in any court in this state or another
jurisdiction.
(c) The petition shall contain, or be accompanied by an affidavit
which contains, the information required by K.S.A. 23-37,209, and
amendments thereto.
New Sec. 53. (a) When a petition is filed under section 52, and
amendments thereto, the court shall schedule a hearing, and the
petitioner shall:
(1) Serve notice of the date, time and place of the hearing,
together with a copy of the petition, personally on each of the following
that is not the petitioner:
(A) The minor, if the minor will be 12 years of age or older at the
time of the hearing;
(B) each parent of the minor or, if there is none, the adult nearest
in kinship who can be found with reasonable diligence;
(C) any adult with whom the minor resides;
(D) each person that had primary care or custody of the minor for
at least 60 days during the two years immediately before the filing of
the petition or for at least 730 days during the five years immediately
before the filing of the petition; and
(E) any other person the court determines should receive personal
service of notice; and
(2) give notice under section 37, and amendments thereto, of the
date, time and place of the hearing, together with a copy of the petition,
to:
(A) Any person nominated as guardian by the minor, if the minor
is 12 years of age or older;
(B) any nominee of a parent;
(C) each grandparent and adult sibling of the minor who can be
found with reasonable diligence;
(D) any guardian or conservator acting for the minor in any
jurisdiction; and
(E) any other person the court determines.
(b) Notice required by subsection (a) must include a statement of
the right to request appointment of an attorney for the minor or object
to appointment of a guardian and a description of the nature, purpose
and consequences of appointment of a guardian.
(c) The court may not grant a petition for guardianship of a minor
if notice substantially complying with subsection (a)(1) is not served
HOUSE BILL No. 2359—page 21
on:
(1) The minor, if the minor is 12 years of age or older; and
(2) each parent of the minor, unless the court finds by clear and
convincing evidence that the parent cannot with due diligence be
located and served or the parent waived, in a record, the right to notice.
(d) If a petitioner is unable to serve notice under subsection (a)(1)
on a parent of a minor or alleges that the parent waived, in a record, the
right to notice under this section, the court may appoint a court liaison
who shall:
(1) Interview the petitioner and the minor;
(2) if the petitioner alleges the parent cannot be located, ascertain
whether the parent cannot be located with due diligence; and
(3) investigate any other matter relating to the petition the court
directs.
New Sec. 54. (a) The court shall appoint an attorney to represent a
minor who is the subject of a proceeding under section 52, and
amendments thereto, if:
(1) Requested by the minor and the minor is 12 years of age or
older;
(2) recommended by a guardian ad litem; or
(3) the court determines the minor needs representation.
(b) An attorney appointed under subsection (a) shall:
(1) Make a reasonable effort to ascertain the minor's wishes;
(2) advocate for the minor's wishes to the extent reasonably
ascertainable; and
(3) if the minor's wishes are not reasonably ascertainable,
advocate for the minor's best interest.
(c) A minor who is the subject of a proceeding under section 52,
and amendments thereto, may retain an attorney to represent the minor
in the proceeding.
(d) The court shall appoint an attorney to represent a parent of a
minor who is the subject of a proceeding under section 52, and
amendments thereto, if the court determines the parent needs
representation.
New Sec. 55. (a) The court may require a minor who is the subject
of a hearing under section 53, and amendments thereto, to attend and
participate in the hearing. If the court orders the minor to attend the
hearing but later rescinds that order, the court shall enter in the record
of the proceedings the facts upon which the court found that the
presence of the minor should be excused.
(b) Unless excused by the court for good cause, the person
proposed to be appointed as guardian for a minor shall attend a hearing
under section 53, and amendments thereto.
(c) The minor who is the subject of a hearing under section 53,
and amendments thereto, has the right to attend the hearing. Each
parent of a minor who is the subject of a hearing under section 53, and
amendments thereto, has the right to attend the hearing.
(d) A person may request permission to participate in a hearing
under section 53, and amendments thereto. The court may grant the
request, with or without hearing, on determining that it is in the best
interest of the minor who is the subject of the hearing. The court may
impose appropriate conditions on the person's participation.
New Sec. 56. (a) After a hearing under section 53, and
amendments thereto, the court may appoint a guardian for a minor, if
appointment is proper under section 51, and amendments thereto,
dismiss the proceeding or take other appropriate action.
(b) In appointing a guardian under subsection (a), the following
rules apply:
(1) The court shall appoint a person nominated as guardian by a
HOUSE BILL No. 2359—page 22
parent of the minor in a will or other record unless the court finds the
appointment is contrary to the best interest of the minor.
(2) If multiple parents have nominated different persons to serve
as guardian, the court shall appoint the nominee whose appointment is
in the best interest of the minor, unless the court finds that appointment
of none of the nominees is in the best interest of the minor.
(3) If a guardian is not appointed under paragraph (1) or (2), the
court shall appoint the person nominated by the minor if the minor is 12
years of age or older unless the court finds that appointment is contrary
to the best interest of the minor, in which case, the court shall appoint
as guardian a person whose appointment is in the best interest of the
minor.
(c) An order granting a guardianship for a minor must state that
each parent of the minor is entitled to notice that:
(1) The guardian has changed the residence or school of the minor
subject to guardianship;
(2) the court has modified or limited the powers of the guardian;
or
(3) the court has removed the guardian.
(d) An order granting a guardianship for a minor must identify any
person, in addition to a parent of the minor, who is entitled to notice of
the events listed in subsection (c).
(e) The appointment of a guardian under this section shall not be
construed to relieve a parent of any obligation imposed by law for the
support, maintenance, care, treatment, habilitation or education of that
parent's minor child.
New Sec. 57. (a) A standby guardian appointed under this section
may act as guardian, with all duties and powers of a guardian under
sections 59 and 60, and amendments thereto, when no parent of the
minor is willing or able to exercise the duties and powers granted to the
guardian.
(b) A parent of a minor, in a signed record, may nominate a person
to be appointed by the court as standby guardian for the minor. The
parent, in a signed record, may revoke or amend the nomination at any
time before the court appoints a standby guardian.
(c) The court may appoint a standby guardian for a minor on:
(1) Petition by a parent of the minor or a person nominated under
subsection (b); and
(2) finding that no parent of the minor likely will be able or
willing to care for or make decisions with respect to the minor not later
than two years after the appointment.
(d) A petition under subsection (c)(1) must include the same
information required under section 52, and amendments thereto, for the
appointment of a guardian for a minor.
(e) On filing a petition under subsection (c)(1), the petitioner shall:
(1) Serve a copy of the petition personally on:
(A) The minor, if the minor is 12 years of age or older, and the
minor's attorney, if any;
(B) each parent of the minor;
(C) the person nominated as the standby guardian; and
(D) any other person the court determines; and
(2) include with the copy of the petition served under paragraph
(1) a statement of the right to request appointment of an attorney for the
minor or to object to appointment of the standby guardian, and a
description of the nature, purpose and consequences of appointment of
a standby guardian.
(f) A person entitled to notice under subsection (e), not later than
30 days after service of the petition and statement, may object to
appointment of the standby guardian by filing an objection with the
HOUSE BILL No. 2359—page 23
court and giving notice of the objection to each other person entitled to
notice under subsection (e).
(g) If an objection is filed under subsection (f), the court shall hold
a hearing to determine whether a standby guardian should be appointed
and, if so, the person that should be appointed. If no objection is filed,
the court may make the appointment.
(h) The court may not grant a petition for a standby guardian of
the minor if notice substantially complying with subsection (e) is not
served on:
(1) The minor, if the minor is 12 years of age or older; and
(2) each parent of the minor, unless the court finds by clear and
convincing evidence that the parent, in a record, waived the right to
notice or cannot be located and served with due diligence.
(i) If a petitioner is unable to serve notice under subsection (e) on
a parent of the minor or alleges that a parent of the minor waived the
right to notice under this section, the court may appoint a court liaison
who shall:
(1) Interview the petitioner and the minor;
(2) if the petitioner alleges the parent cannot be located and
served, ascertain whether the parent cannot be located with due
diligence; and
(3) investigate any other matter relating to the petition the court
directs.
(j) If the court finds under subsection (c) that a standby guardian
should be appointed, the following rules apply:
(1) The court shall appoint the person nominated under subsection
(b) unless the court finds that the appointment is contrary to the best
interest of the minor.
(2) If the parents have nominated different persons to serve as
standby guardian, the court shall appoint the nominee whose
appointment is in the best interest of the minor, unless the court finds
that appointment of none of the nominees is in the best interest of the
minor.
(k) An order appointing a standby guardian under this section
must state that each parent of the minor is entitled to notice, and
identify any other person entitled to notice, if:
(1) The standby guardian assumes the duties and powers of the
guardian;
(2) the standby guardian changes the residence or school of the
minor;
(3) the court modifies or limits the powers of the standby
guardian; or
(4) the court removes the standby guardian.
(l) Before assuming the duties and powers of a guardian, a standby
guardian must file with the court an acceptance of appointment as
guardian and give notice of the acceptance to:
(1) Each parent of the minor, unless the parent, in a record, waived
the right to notice or cannot be located and served with due diligence;
(2) the minor, if the minor is 12 years of age or older; and
(3) any person, other than the parent, having care or custody of the
minor.
(m) A person that receives notice under subsection (k) or any other
person interested in the welfare of the minor may file with the court an
objection to the standby guardian's assumption of duties and powers of
a guardian. The court shall hold a hearing if the objection supports a
reasonable belief that the conditions for assumption of duties and
powers have not been satisfied.
New Sec. 58. (a) On its own, or on verified petition by a person
interested in a minor's welfare, the court may appoint an emergency
HOUSE BILL No. 2359—page 24
guardian for the minor if the court finds a sufficient factual basis to
establish probable cause that:
(1) Appointment of an emergency guardian is necessary to prevent
imminent and substantial harm to the minor's health, safety or welfare;
and
(2) no other person has authority and willingness to act in the
circumstances.
(b) The duration of authority of an emergency guardian for a
minor may not exceed 30 days, and the emergency guardian may
exercise only the powers specified in the order of appointment. The
emergency guardian's authority may be extended up to three times for
not more than 30 days per extension if the court finds good cause and
that the conditions for appointment of an emergency guardian in
subsection (a) continue.
(c) Except as otherwise provided in subsection (d), reasonable
notice of the date, time and place of a hearing on a petition for
appointment of an emergency guardian for a minor must be given to:
(1) The minor, if the minor is 12 years of age or older;
(2) any attorney appointed under section 54, and amendments
thereto;
(3) each parent of the minor;
(4) any person, other than a parent, having care or custody of the
minor; and
(5) any other person the court determines.
(d) The court may appoint an emergency guardian for a minor
without notice under subsection (c) and without a hearing only if the
court finds from an affidavit or testimony that the minor's health, safety
or welfare will be substantially harmed before a hearing with notice on
the appointment can be held. If the court appoints an emergency
guardian without notice to an unrepresented minor or the attorney for a
represented minor, notice of the appointment must be given not later
than 48 hours after the appointment to the individuals listed in
subsection (c). Not later than seven days after the appointment, the
court shall hold a hearing on the appropriateness of the appointment.
(e) Appointment of an emergency guardian under this section,
with or without notice, is not a determination that a basis exists for
appointment of a guardian under section 51, and amendments thereto.
(f) The emergency guardian shall make any report the court
requires.
(g) The court may remove an emergency guardian appointed
under this section at any time.
New Sec. 59. (a) A guardian for a minor is a fiduciary. Except as
otherwise limited by the court, a guardian for a minor has the duties
and responsibilities of a parent regarding the minor's support, care,
education, health, safety and welfare. A guardian shall act in the minor's
best interest and exercise reasonable care, diligence and prudence.
(b) A guardian for a minor shall:
(1) Be personally acquainted with the minor and maintain
sufficient contact with the minor to know the minor's abilities,
limitations, needs, opportunities and physical and mental health;
(2) take reasonable care of the minor's personal effects and bring a
proceeding for a conservatorship, or protective arrangement instead of
conservatorship, if necessary to protect other property of the minor;
(3) if authorized by the court under section 61, and amendments
thereto, expend funds of the minor which have been received by the
guardian for the minor's current needs for support, care, education,
health, safety and welfare;
(4) conserve any funds of the minor not expended under paragraph
(3) for the minor's future needs, but if a conservator is appointed for the
HOUSE BILL No. 2359—page 25
minor, pay the funds at least quarterly to the conservator to be
conserved for the minor's future needs;
(5) report the condition of the minor and account for funds and
other property of the minor in the guardian's possession or subject to
the guardian's control, as required by court rule or ordered by the court
on application of a person interested in the minor's welfare;
(6) inform the court of any change in the minor's dwelling or
address; and
(7) in determining what is in the minor's best interest, take into
account the minor's preferences to the extent actually known or
reasonably ascertainable by the guardian.
New Sec. 60. (a) Except as otherwise limited by court order, a
guardian of a minor has the powers a parent otherwise would have
regarding the minor's support, care, education, health, safety and
welfare.
(b) Except as otherwise limited by court order, a guardian for a
minor may:
(1) If authorized by the court under section 61, and amendments
thereto, apply for and receive funds and benefits otherwise payable for
the support of the minor to the minor's parent, guardian or custodian
under a statutory system of benefits or insurance or any private
contract, devise, trust, conservatorship or custodianship;
(2) unless inconsistent with a court order entitled to recognition in
this state, take custody of the minor and establish the minor's place of
dwelling and, on authorization of the court, establish or move the
minor's dwelling outside this state;
(3) if the minor is not subject to conservatorship, commence a
proceeding, including an administrative proceeding, or take other
appropriate action to compel a person to support the minor or make a
payment for the benefit of the minor; and
(4) consent to health or other care, treatment or service for the
minor.
(c) The court may authorize a guardian for a minor to consent to
the adoption of the minor if the minor does not have a parent.
(d) A guardian for a minor may consent to the marriage of the
minor if authorized by the court, and the guardianship shall terminate
upon such marriage.
New Sec. 61. A guardian for a minor may not exercise any control
or authority over the minor's estate, unless specifically authorized by
the court. Any guardian who is granted such authority must prepare an
inventory and provide notice of the inventory as provided in section
104, and amendments thereto. The court may assign such authority to
the guardian and may waive the requirement of the posting of a bond,
only if:
(a) Initially, the combined value of any funds and assets owned by
the minor equals $25,000 or less;
(b) either the court requires the guardian to report to the court the
commencement of the exercising of such authority, or requires the
guardian to obtain court authorization to commence the exercise of
such authority, as the court shall specify; and
(c) the court also requires the guardian, whenever the combined
value of such funds and property exceeds $25,000, to:
(1) File a guardian's plan as provided for in section 63, and
amendments thereto, that contains elements similar to those that would
be contained in a conservator's plan as provided for in section 103, and
amendments thereto;
(2) petition the court for appointment of a conservator; or
(3) notify the court as the court shall specify that the value of the
minor's estate has equaled or exceeded $25,000, if the court has earlier
HOUSE BILL No. 2359—page 26
appointed a conservator but did not issue letters of conservatorship
pending such notification.
New Sec. 62. (a) Guardianship under this act for a minor
terminates:
(1) On the minor's death, adoption, emancipation or attainment of
majority; or
(2) when the court finds that the standard in section 51, and
amendments thereto, for appointment of a guardian is not satisfied,
unless the court finds that:
(A) Termination of the guardianship would be harmful to the
minor; and
(B) the minor's interest in the continuation of the guardianship
outweighs the interest of any parent of the minor in restoration of the
parent's right to make decisions for the minor.
(b) A minor subject to guardianship or a person interested in the
welfare of the minor may petition the court to terminate the
guardianship, modify the guardianship, remove the guardian and
appoint a successor guardian or remove a standby guardian and appoint
a different standby guardian.
(c) A petitioner under subsection (b) shall give notice of the
hearing on the petition to the minor, if the minor is 12 years of age or
older and is not the petitioner, the guardian, each parent of the minor
and any other person the court determines.
(d) The court shall follow the priorities in section 56(b), and
amendments thereto, when selecting a successor guardian for a minor.
(e) Not later than 30 days after appointment of a successor
guardian for a minor, the court shall give notice of the appointment to
the minor subject to guardianship, if the minor is 12 years of age or
older, each parent of the minor and any other person the court
determines.
(f) When terminating a guardianship for a minor under this
section, the court may issue an order providing for transitional
arrangements that will assist the minor with a transition of custody and
is in the best interest of the minor.
(g) A removed guardian for a minor shall cooperate with a
successor guardian to facilitate transition of the guardian's
responsibilities and protect the best interest of the minor.
(h) Not later than 30 days after entering an order under this
section, the court or the court's designee shall give notice of the order to
the minor subject to guardianship and any person entitled to notice
under section 56, and amendments thereto, or a subsequent order.
New Sec. 63. (a) At any time, the court may require the guardian
of a minor, or the guardian of a minor may choose, to develop and file
with the court a plan of care for the minor. Any such plan must be
based on the needs of the minor and take into account the best interest
of the minor as well as the minor's preferences, to the extent known to
or reasonably ascertainable by the guardian. The guardian may include
in the plan:
(1) Where the minor will reside and attend school;
(2) whether the parents of the minor will have contact or visitation
with the minor;
(3) whether the parents of the minor will have access to medical,
educational or other records of the minor;
(4) whether the parents of the minor will retain any rights to
decision making regarding the minor's healthcare, education or other
matters;
(5) any other provisions the guardian deems appropriate; and
(6) any other provisions the court requires.
(b) The guardian for a minor shall give notice of the filing of the
HOUSE BILL No. 2359—page 27
guardian's plan under subsection (a), together with a copy of the plan,
to the minor if the minor is 12 years of age or older, any attorney
representing the minor in the guardianship proceeding or any other
proceeding concerning the care or custody of the minor identified in the
petition, each parent of the minor, a person entitled to notice under
section 56(d), and amendments thereto, or a subsequent order, and any
other person the court determines. The notice shall include a statement
of the right to object to the plan and shall be given at the time of the
filing.
(c) The minor, a parent of the minor and any person entitled under
subsection (b) to receive notice and a copy of the guardian's plan may
object to the plan in writing not later than 21 days after the filing.
(d) The court shall review the guardian's plan filed under
subsection (a) and determine whether to approve the plan, modify the
plan or require a new plan. In deciding whether to approve the plan, the
court shall consider an objection under subsection (c) and whether the
plan is consistent with the guardian's duties and powers under sections
59 and 60, and amendments thereto. The court may not approve the
plan until 30 days after the filing.
(e) After the guardian's plan filed under this section is approved
by the court, the guardian shall provide a copy of the plan to the minor
if the minor is 12 years of age or older, to any attorney representing the
minor in the guardianship proceeding or any other proceeding
concerning the care or custody of the minor identified in the petition, to
each parent of the minor, to any person entitled to notice under section
56(d), and amendments thereto, or a subsequent order, and any other
person the court determines.
New Sec. 64. (a) On petition and after notice and hearing, the
court may:
(1) Appoint a guardian for an adult if the court finds by clear and
convincing evidence that:
(A) The respondent lacks the ability to meet essential
requirements for physical health, safety or self-care because the
respondent is unable to receive and evaluate information or make or
communicate decisions, even with appropriate supportive services,
technological assistance or supported decision making; and
(B) the respondent's identified needs cannot be met by a protective
arrangement instead of guardianship or other less restrictive alternative;
or
(2) with appropriate findings, treat the petition as one for a
conservatorship under sections 83 through 118, and amendments
thereto, or a protective arrangement under sections 119 through 130,
and amendments thereto, issue any appropriate order or dismiss the
proceeding.
(b) The court shall grant a guardian appointed under subsection (a)
only those powers necessitated by the demonstrated needs and
limitations of the respondent and issue orders that will encourage
development of the respondent's maximum self-determination and
independence. The court may not establish a full guardianship if a
limited guardianship, protective arrangement instead of guardianship or
other less restrictive alternatives would meet the needs of the
respondent.
New Sec. 65. (a) A person interested in an adult's welfare,
including the adult for whom the order is sought, may file a verified
petition for appointment of a guardian for the adult.
(b) A petition under subsection (a) must state the petitioner's
name, principal residence, current street address if different,
relationship to the respondent, interest in the appointment, the name
and address of any attorney representing the petitioner and, to the
HOUSE BILL No. 2359—page 28
extent known, the following:
(1) The respondent's name, age, principal residence, current street
address if different and address of the dwelling in which it is proposed
the respondent will reside if the petition is granted;
(2) the name and address of the respondent's:
(A) Spouse or, if the respondent has none, an adult with whom the
respondent has shared household responsibilities for more than six
months in the 12-month period immediately before the filing of the
petition;
(B) adult children, adult stepchildren, adult grandchildren and
each parent and adult sibling of the respondent, or, if none, at least one
adult nearest in kinship to the respondent who can be found with
reasonable diligence; and
(C) adult former stepchildren with whom the respondent had an
ongoing relationship in the two-year period immediately before the
filing of the petition;
(3) the name and current address of each of the following, if
applicable:
(A) A person primarily responsible for care of the respondent;
(B) any attorney currently representing the respondent;
(C) any representative payee appointed by the social security
administration for the respondent;
(D) a guardian or conservator acting for the respondent in this
state or in another jurisdiction;
(E) a trustee or custodian of a trust or custodianship of which the
respondent is a beneficiary;
(F) any fiduciary for the respondent appointed by the department
of veterans affairs and any curator appointed under K.S.A. 73-507, and
amendments thereto;
(G) an agent designated under a power of attorney for healthcare
in which the respondent is identified as the principal;
(H) an agent designated under a power of attorney for finances in
which the respondent is identified as the principal;
(I) a person nominated as guardian by the respondent;
(J) a person nominated as guardian by the respondent's parent or
spouse in a will or other signed record; and
(K) a person known to have routinely assisted the respondent with
decision making during the six months immediately before the filing of
the petition;
(4) (A) The proposed guardian's name, age, date of birth, gender,
address, place of employment and relationship to the respondent, if
any;
(B) the reason the proposed guardian should be selected;
(C) any potential conflict of interest including any personal or
agency interest of the proposed guardian that may be perceived as self-
serving or adverse to the position or best interest of the respondent; and
(D) whether the proposed guardian is under contract with the
Kansas guardianship program;
(5) the reason a guardianship is necessary, including a description
of:
(A) The nature and extent of the respondent's alleged need;
(B) any protective arrangement instead of guardianship or other
less restrictive alternatives for meeting the respondent's alleged need
which have been considered or implemented;
(C) if no protective arrangement instead of guardianship or other
less restrictive alternatives have been considered or implemented, the
reason they have not been considered or implemented; and
(D) the reason a protective arrangement instead of guardianship or
other less restrictive alternative is insufficient to meet the respondent's
HOUSE BILL No. 2359—page 29
alleged need;
(6) whether the petitioner seeks a limited guardianship or full
guardianship;
(7) if the petitioner seeks a full guardianship, the reason a limited
guardianship or protective arrangement instead of guardianship is not
appropriate;
(8) if a limited guardianship is requested, the powers to be granted
to the guardian;
(9) the name and current address, if known, of any person with
whom the petitioner seeks to limit the respondent's contact;
(10) if the respondent has property other than personal effects, a
general statement of the respondent's property, with an estimate of its
value, including any insurance or pension, and the source and amount
of other anticipated income or receipts; and
(11) whether the respondent needs an interpreter, translator or
other form of support to communicate effectively with the court or
understand court proceedings.
New Sec. 66. (a) On filing of a petition under section 65, and
amendments thereto, for appointment of a guardian for an adult, the
court shall set a date, time and place for hearing the petition.
(b) A copy of a petition under section 65, and amendments thereto,
and notice of a hearing on the petition must be served personally on the
respondent. The notice must inform the respondent of the respondent's
rights at the hearing, including the right to an attorney and to attend the
hearing. The notice must include a description of the nature, purpose
and consequences of granting the petition. The court may not grant the
petition if notice substantially complying with this subsection is not
served on the respondent. The court may order any of the following
persons to serve the notice upon the respondent:
(1) The petitioner or the attorney for the petitioner;
(2) the attorney appointed by the court to represent the respondent;
(3) any law enforcement officer; or
(4) any other person whom the court finds to be a proper person to
serve this notice.
(c) In a proceeding on a petition under section 65, and
amendments thereto, the notice required under subsection (b) must be
given to the persons required to be listed in the petition under section
65(b)(1) through (3), and amendments thereto, and any other person
interested in the respondent's welfare the court determines. Failure to
give notice under this subsection does not preclude the court from
appointing a guardian.
(d) After the appointment of a guardian, notice of a hearing on a
petition for any other order under sections 64 through 82, and
amendments thereto, together with a copy of the petition, must be given
to:
(1) The adult subject to guardianship;
(2) the guardian; and
(3) any other person the court determines.
New Sec. 67. (a) On receipt of a petition under section 65, and
amendments thereto, for appointment of a guardian for an adult, the
court may appoint a court liaison. The court liaison must be an
individual with training or experience in the type of abilities,
limitations and needs alleged in the petition.
(b) (1) A court liaison appointed under subsection (a) shall
interview the respondent in person and, in a manner the respondent is
best able to understand:
(A) Explain, in general, the petition and the nature and purpose of
the proceeding, including the potential loss of rights as a result of the
proceeding; and
HOUSE BILL No. 2359—page 30
(B) obtain the respondent's views about the appointment sought by
the petitioner, including views about a proposed guardian, the
guardian's proposed powers and duties and the scope and duration of
the proposed guardianship.
(2) These explanations and discussions are not intended to be a
substitute for the attorney appointed to represent the respondent to
inform the respondent of the respondent's rights and the nature and
purpose of the proceeding.
(c) The court liaison appointed under subsection (a) may be
assigned any or all of the following duties, in the discretion of the
presiding judge:
(1) Interview the petitioner and proposed guardian, if any;
(2) visit the respondent's present dwelling and any dwelling in
which it is reasonably believed the respondent will live if the
appointment is made;
(3) obtain information from any physician or other provider
known to have treated, advised or assessed the respondent's relevant
physical or mental condition, to the extent that such information has not
already been provided to the court; and
(4) investigate the allegations in the petition and any other matter
relating to the petition as directed by the court, including, but not
limited to, the respondent's family relationships, past conduct, the
nature and extent of any property or income of the respondent, whether
the respondent is likely to injure self or others and other matters as the
court may specify.
(d) A court liaison appointed under subsection (a) shall file a
report with the court at least 10 days prior to the hearing on the petition,
or other hearing as directed by the court. Unless otherwise ordered by
the court, such report must include:
(1) A summary of self-care and independent-living tasks the
respondent can manage without assistance or with existing supports,
could manage with the assistance of appropriate supportive services,
technological assistance or supported decision making, and cannot
manage;
(2) a recommendation regarding the appropriateness of
guardianship, including whether a protective arrangement instead of
guardianship or other less restrictive alternative for meeting the
respondent's needs is available and:
(A) If a guardianship is recommended, whether it should be full or
limited; and
(B) if a limited guardianship is recommended, the powers to be
granted to the guardian;
(3) a statement of the qualifications of the proposed guardian and
whether the respondent approves or disapproves of the proposed
guardian;
(4) a statement whether the proposed dwelling meets the
respondent's needs and whether the respondent has expressed a
preference as to residence;
(5) a statement whether the respondent is able to attend a hearing
at the location court proceedings typically are held;
(6) a statement whether the respondent is able to participate in a
hearing and which identifies any technology or other form of support
that would enhance the respondent's ability to participate; and
(7) any other matter the court directs.
(e) The costs of an investigation by a court liaison shall be
assessed as provided for in section 42, and amendments thereto.
New Sec. 68. (a) The court shall appoint an attorney to represent
the respondent, regardless of the respondent's ability to pay. The court
shall give preference in the appointment of an attorney to any attorney
HOUSE BILL No. 2359—page 31
who has represented the respondent in other matters if the court has
knowledge of that prior representation or to an attorney whom the
respondent has requested. Any appointment made by the court shall
terminate after the guardian's plan has been approved and after any
appeal from the appointment of a guardian, unless the court continues
the appointment by further order. Thereafter, an attorney may be
appointed by the court if requested, in writing, by the adult subject to
guardianship, the guardian, or upon the court's own motion.
(b) An attorney representing the respondent in a proceeding for
appointment of a guardian for an adult shall:
(1) Make reasonable efforts to ascertain the respondent's wishes;
(2) advocate for the respondent's wishes to the extent reasonably
ascertainable; and
(3) if the respondent's wishes are not reasonably ascertainable,
advocate for the result that is the least restrictive in type, duration and
scope, consistent with the respondent's interests.
(c) An attorney representing the respondent shall interview the
respondent in person and, in a manner the respondent is best able to
understand:
(1) Explain to the respondent the substance of the petition, the
nature, purpose and effect of the proceeding, the respondent's rights at
the hearing on the petition and the general powers and duties of a
guardian;
(2) determine the respondent's views about the appointment
sought by the petitioner, including views about a proposed guardian,
the guardian's proposed powers and duties and the scope and duration
of the proposed guardianship; and
(3) inform the respondent that all costs and expenses of the
proceeding, including respondent's attorney fees, may be paid from the
respondent's assets.
New Sec. 69. (a) Upon the filing of the petition or any other time
at or before the hearing, if the contents of the petition or evidence at the
hearing support a prima facie case of the need for a guardian, the court
shall order an examination and evaluation of the respondent to be
conducted through a general hospital, psychiatric hospital, community
mental health center, community developmental disability organization
or by a licensed physician, psychiatrist, psychologist, physician
assistant, nurse practitioner, social worker or other professional
appointed by the court who is qualified to evaluate the respondent's
alleged cognitive and functional abilities and limitations and will not be
advantaged or disadvantaged by a decision to grant the petition or
otherwise have a conflict of interest.
(b) Unless otherwise specified by the court, the report of the
examination and evaluation submitted to the court shall contain:
(1) The respondent's name, age and date of birth;
(2) a description of the respondent's physical and mental
condition;
(3) a description of the nature and extent of the respondent's
cognitive and functional abilities and limitations, including adaptive
behaviors and social skills, and, as appropriate, educational and
developmental potential;
(4) a summary of self-care and independent-living tasks the
respondent can manage without assistance or with existing supports,
could manage with the assistance of appropriate supportive services,
technological assistance or supported decision making, and cannot
manage;
(5) a prognosis for any improvement and, as appropriate, any
recommendation for treatment or rehabilitation;
(6) a list and description of any prior assessments, evaluations or
HOUSE BILL No. 2359—page 32
examinations of the respondent, including the dates thereof, which were
relied upon in the preparation of this evaluation;
(7) the date and location where this examination and evaluation
occurred, and the name or names of the professional or professionals
performing the examination and evaluation and such professional's
qualifications;
(8) a statement by the professional that the professional has
personally completed an independent examination and evaluation of the
respondent, and that the report submitted to the court contains the
results of that examination and evaluation, and the professional's
opinion with regard to the issues of whether or not the respondent is in
need of a guardian and whether there are barriers to the respondent's
attendance and participation at the hearing on the petition; and
(9) the signature of the professional who prepared the report.
(c) The professional shall file with the court, at least five days
prior to the date of the trial, such professional's written report
concerning the examination and evaluation ordered by the court. The
report shall be made available by the court to counsel for all parties.
(d) In lieu of entering an order for an examination and evaluation
as provided for in this section, the court may determine that the report
accompanying the petition is in compliance with the requirements of
this section and that no further examination or evaluation should be
required, unless the respondent, or such person's attorney, requests such
an examination and evaluation in writing. Any such request shall be
filed with the court, and a copy thereof delivered to the petitioner, at
least four days prior to the date of the trial. Accompanying the request
shall be a statement of the reasons why an examination and evaluation
is requested and the name and address of a qualified professional or
facility willing and able to conduct this examination and evaluation. If
the court orders a further examination and evaluation, the court may
continue the trial and fix a new date, time and place of the trial at a time
not to exceed 30 days from the date of the filing of the request.
New Sec. 70. (a) Except as otherwise provided in subsection (b), a
hearing under section 66, and amendments thereto, may not proceed
unless the respondent attends the hearing. If it is not reasonably feasible
for the respondent to attend a hearing at the location court proceedings
typically are held, the court shall make reasonable efforts to hold the
hearing at an alternative location convenient to the respondent or allow
the respondent to attend the hearing using real-time audio-visual
technology.
(b) A hearing under section 66, and amendments thereto, may
proceed without the respondent in attendance if the court finds by clear
and convincing evidence that:
(1) The respondent is choosing not to attend the hearing after
having been fully informed of the right to attend and the potential
consequences of failing to do so; or
(2) there is no practicable way for the respondent to attend and
participate in the hearing even with appropriate supportive services and
technological assistance.
(c) The respondent may be assisted in a hearing under section 66,
and amendments thereto, by a person or persons of the respondent's
choosing, assistive technology or an interpreter or translator, or a
combination of these supports. If assistance would facilitate the
respondent's participation in the hearing, but is not otherwise available
to the respondent, the court shall make reasonable efforts to provide it.
(d) The respondent has a right to retain an attorney to represent the
respondent at a hearing under section 66, and amendments thereto.
(e) At a hearing held under section 66, and amendments thereto,
the respondent may:
HOUSE BILL No. 2359—page 33
(1) Present evidence and subpoena witnesses and documents;
(2) examine witnesses, including any court-appointed evaluator
and the court liaison; and
(3) otherwise participate in the hearing.
(f) Unless excused by the court for good cause, a proposed
guardian shall attend a hearing under section 66, and amendments
thereto.
(g) A hearing under section 66, and amendments thereto, must be
closed on request of the respondent and a showing of good cause.
(h) Any person may request to participate in a hearing under
section 66, and amendments thereto. The court may grant the request,
with or without a hearing, on determining that the best interest of the
respondent will be served. The court may impose appropriate
conditions on the person's participation.
New Sec. 71. (a) The existence of a proceeding for or the
existence of a guardianship for an adult is a matter of public record
unless the court seals the record after:
(1) The respondent or individual subject to guardianship requests
the record be sealed; and
(2) either:
(A) The petition for guardianship is dismissed; or
(B) the guardianship is terminated.
(b) (1) The following court records are a matter of public record
unless sealed by the court:
(A) Letters of guardianship;
(B) orders suspending or removing a guardian; and
(C) orders terminating a guardianship.
(2) All other court records of a guardianship proceeding are not a
matter of public record except as further provided.
(3) The following persons are entitled to access court records of
the proceeding and resulting guardianship, including the guardian's
plan under section 79, and amendments thereto, and report under
section 80, and amendments thereto:
(A) An adult subject to a proceeding for a guardianship, whether
or not a guardian is appointed;
(B) an attorney designated by the adult;
(C) a person entitled to notice under section 73(e), and
amendments thereto, or a subsequent order; and
(D) a licensed attorney, abstractor or title insurance agent.
(4) A person not otherwise entitled to access court records under
this subsection for good cause may request permission from the court
for access to court records of the guardianship, including the guardian's
report and plan. The court shall grant access if access is in the best
interest of the respondent or adult subject to guardianship or furthers
the public interest and does not endanger the welfare or financial
interests of the adult.
(c) A report under section 67, and amendments thereto, of a court
liaison or a professional evaluation under section 69, and amendments
thereto, is confidential and must be sealed on filing, but is available to:
(1) The court;
(2) the individual who is the subject of the report or evaluation,
without limitation as to use;
(3) the petitioner, court liaison and petitioner's and respondent's
attorneys, for purposes of the proceeding;
(4) unless the court orders otherwise, an agent appointed under a
power of attorney for healthcare or power of attorney for finances in
which the respondent is the principal; and
(5) any other person if it is in the public interest or for a purpose
the court orders for good cause.
HOUSE BILL No. 2359—page 34
New Sec. 72. (a) Except as otherwise provided in subsection (c),
the court in appointing a guardian for an adult shall consider persons
qualified to be guardian in the following order of priority:
(1) A guardian, other than a temporary or emergency guardian,
currently acting for the respondent in another jurisdiction;
(2) a person nominated as guardian by the respondent, including
the respondent's most recent nomination made in a power of attorney;
(3) an agent appointed by the respondent under a power of
attorney for healthcare;
(4) a spouse of the respondent;
(5) a family member or other individual who has shown special
care and concern for the respondent; and
(6) a person nominated as guardian by the spouse, adult child or
other close family member of the respondent.
(b) If two or more persons have equal priority under subsection
(a), the court shall select as guardian the person the court considers best
qualified. In determining the best qualified person, the court shall
consider the person's relationship with the respondent, the person's
skills, the expressed wishes of the respondent, the extent to which the
person and the respondent have similar values and preferences and the
likelihood the person will be able to perform the duties of a guardian
successfully.
(c) The court, acting in the best interest of the respondent, may
decline to appoint as guardian a person having priority under
subsection (a) and appoint a person having a lower priority or no
priority.
(d) In determining whether the appointment of a proposed
guardian is in the best interest of the respondent, the court shall
consider the number of other cases in which the proposed guardian,
other than a corporation, is currently serving as guardian, particularly if
that number is more than 15.
(e) The following persons shall not be appointed as guardian
unless the court finds by clear and convincing evidence that the person
is the best qualified person available for appointment and the
appointment is in the best interest of the respondent:
(1) A person that provides paid services to the respondent, or an
individual who is employed by a person that provides paid services to
the respondent, or is the spouse, parent or child of an individual who
provides or is employed to provide paid services to the respondent;
(2) an owner, operator or employee of any entity at which the
respondent is receiving care; and
(3) a person who provides care or other services, or is an
employee of an agency, partnership or corporation that provides care or
other services to persons with needs similar to those of the respondent.
New Sec. 73. (a) A court order appointing a guardian for an adult
must:
(1) Include a specific finding that clear and convincing evidence
established that the identified needs of the respondent cannot be met by
a protective arrangement instead of guardianship or other less
restrictive alternative, including use of appropriate supportive services,
technological assistance or supported decision making; and
(2) include a specific finding that clear and convincing evidence
established the respondent was given proper notice of the hearing on
the petition.
(b) A court order establishing a full guardianship for an adult must
state the basis for granting a full guardianship and include specific
findings that support the conclusion that a limited guardianship would
not meet the functional needs of the adult subject to guardianship.
(c) A court order establishing a limited guardianship for an adult
HOUSE BILL No. 2359—page 35
must state the specific powers granted to the guardian.
(d) A court order appointing a guardian for an adult must include
the date of a review hearing to be set 90 days after the order of
appointment is entered. At that hearing, the court shall review the
guardian's plan filed pursuant to section 79, and amendments thereto.
(e) The court, as part of an order establishing a guardianship for an
adult, shall identify any person that subsequently is entitled to:
(1) Notice of the rights of the adult under section 74(b), and
amendments thereto;
(2) notice of a change in the primary dwelling of the adult;
(3) notice that the guardian will be unavailable to visit the adult
for more than two months or unavailable to perform the guardian's
duties for more than one month;
(4) a copy of the guardian's plan under section 79, and
amendments thereto, and the guardian's report under section 80, and
amendments thereto;
(5) access to court records relating to the guardianship;
(6) notice of the death or significant change in the condition of the
adult;
(7) notice of a petition or hearing to limit or modify the powers of
the guardian or that the court has limited or modified the powers of the
guardian; and
(8) notice of a petition or hearing to remove the guardian or that
the court has removed the guardian.
(f) A spouse and adult children of an adult subject to guardianship
are entitled to notice under subsection (e) unless the court determines
notice would be contrary to the preferences or prior directions of the
adult subject to guardianship or not in the best interest of the adult.
New Sec. 74. (a) Not later than 14 days after the appointment, a
guardian appointed under section 72, and amendments thereto, shall
give the adult subject to guardianship and all other persons given notice
under section 66, and amendments thereto, a copy of the order of
appointment.
(b) Not later than 30 days after appointment of a guardian under
section 72, and amendments thereto, the court or the court's designee
shall give to the adult subject to guardianship, the guardian and any
other person entitled to notice under section 72(e), and amendments
thereto, or a subsequent order a statement of the rights of the adult
subject to guardianship and procedures to seek relief if the adult is
denied those rights. The statement must be in at least 16-point font, in
plain language and, to the extent feasible, in a language in which the
adult subject to guardianship is proficient. The statement must notify
the adult subject to guardianship of the right to:
(1) Seek termination or modification of the guardianship, or
removal of the guardian, and choose an attorney to represent the adult
in these matters;
(2) file a grievance against the guardian under section 50, and
amendments thereto;
(3) be involved in decisions affecting the adult, including
decisions about the adult's care, dwelling, activities or social
interactions, to the extent reasonably feasible, and that the adult retains
the right to vote and the right to marry;
(4) be involved in healthcare decision making to the extent
reasonably feasible and supported in understanding the risks and
benefits of healthcare options to the extent reasonably feasible;
(5) be notified at least 14 days before a change in the adult's
primary dwelling or permanent move to a nursing home, mental health
facility or other facility that places restrictions on the individual's
ability to leave or have visitors unless the change or move is proposed
HOUSE BILL No. 2359—page 36
in the guardian's plan under section 79, and amendments thereto, or
authorized by the court by specific order;
(6) object to a change or move described in paragraph (5) and the
process for objecting;
(7) communicate, visit or interact with others, including receiving
visitors, and making or receiving telephone calls, personal mail or
electronic communications, including through social media, unless:
(A) The guardian has been authorized by the court by specific
order to restrict communications, visits or interactions;
(B) a protective order or protective arrangement instead of
guardianship is in effect that limits contact between the adult and a
person; or
(C) the guardian has good cause to believe restriction is necessary
because interaction with a specified person poses a risk of significant
physical, psychological or financial harm to the adult, and the
restriction is:
(i) For a period of not more than seven business days if the person
has a family or pre-existing social relationship with the adult; or
(ii) for a period of not more than 60 days if the person does not
have a family or pre-existing social relationship with the adult;
(8) receive a copy of the guardian's plan under section 79, and
amendments thereto, and the guardian's report under section 80, and
amendments thereto; and
(9) object to the guardian's plan or report.
(c) Any person required to provide notice under this section shall
file proof of service of such notice with the court.
New Sec. 75. (a) On its own after a petition has been filed under
section 65, and amendments thereto, or on verified petition by a person
interested in an adult's welfare, the court may appoint an emergency
guardian for the adult if the court finds a sufficient factual basis to
establish probable cause that:
(1) Appointment of an emergency guardian is necessary to prevent
imminent and substantial harm to the adult's physical health, safety or
welfare;
(2) no other person has authority and willingness to act in the
circumstances; and
(3) a basis for appointment of a guardian under section 64, and
amendments thereto, exists.
(b) The duration of authority of an emergency guardian for an
adult may not exceed 30 days, and the emergency guardian may
exercise only the powers specified in the order of appointment. The
emergency guardian's authority may be extended up to three times for
not more than 30 days per extension if the court finds good cause and
that the conditions for appointment of an emergency guardian in
subsection (a) continue.
(c) Immediately upon filing of a petition for appointment of an
emergency guardian for an adult, the court shall appoint an attorney to
represent the respondent in the proceeding. Except as otherwise
provided in subsection (d), reasonable notice of the date, time, and
place of a hearing on the petition must be given to the respondent, the
respondent's attorney and any other person the court determines.
(d) The court may appoint an emergency guardian for an adult
without notice to the adult and any attorney for the adult only if the
court finds from an affidavit or testimony that the respondent's physical
health, safety or welfare will be substantially harmed before a hearing
with notice on the appointment can be held. If the court appoints an
emergency guardian without giving notice under subsection (c), the
court must:
(1) Give notice of the appointment not later than 48 hours after the
HOUSE BILL No. 2359—page 37
appointment to:
(A) The respondent;
(B) the respondent's attorney; and
(C) any other person the court determines; and
(2) hold a hearing on the appropriateness of the appointment not
later than five days after the appointment.
(e) Appointment of an emergency guardian under this section is
not a determination that a basis exists for appointment of a guardian
under section 64, and amendments thereto.
(f) The court may remove an emergency guardian appointed under
this section at any time. The emergency guardian shall make any report
the court requires.
New Sec. 76. (a) A guardian for an adult is a fiduciary. A guardian
shall strive to assure that the personal, civil and human rights of the
individual subject to guardianship are protected. Except as otherwise
limited by the court, a guardian for an adult shall make decisions
regarding the support, care, education, health and welfare of the adult
subject to guardianship to the extent necessitated by the adult's
limitations and in accordance with the guardian's plan under section 79,
and amendments thereto.
(b) A guardian for an adult shall promote the self-determination of
the adult and, to the extent reasonably feasible, include the adult in
decision making, and encourage the adult to participate in decisions, act
on the adult's own behalf, and develop or regain the capacity to manage
the adult's personal affairs. In furtherance of this duty, the guardian
shall:
(1) Become or remain personally acquainted with the adult and
maintain sufficient contact with the adult, including through regular
visitation, to know the adult's abilities, limitations, needs, opportunities
and physical and mental health;
(2) to the extent reasonably feasible, identify the values and
preferences of the adult and involve the adult in decisions affecting the
adult, including decisions about the adult's care, dwelling, activities or
social interactions; and
(3) make reasonable efforts to identify and facilitate supportive
relationships and services for the adult.
(c) A guardian for an adult at all times shall exercise reasonable
care, diligence and prudence when acting on behalf of or making
decisions for the adult. In furtherance of this duty, the guardian shall:
(1) Take reasonable care of the personal effects and service or
support animals of the adult and bring a proceeding for a
conservatorship or protective arrangement instead of conservatorship if
necessary to protect the adult's property;
(2) if authorized by the court under section 78, and amendments
thereto, expend funds and other property of the adult received by the
guardian for the adult's current needs for support, care, education,
health and welfare;
(3) conserve any funds and other property of the adult not
expended under paragraph (2) for the adult's future needs, but if a
conservator has been appointed for the adult, pay the funds and other
property at least quarterly to the conservator to be conserved for the
adult's future needs; and
(4) monitor the quality of services, including long-term care
services, provided to the adult.
(d) In making a decision for an adult subject to guardianship, the
guardian shall make the decision the guardian reasonably believes the
adult would make if the adult were able unless doing so would
unreasonably harm or endanger the welfare or personal or financial
interests of the adult. To determine the decision the adult subject to
HOUSE BILL No. 2359—page 38
guardianship would make if able, the guardian shall consider the adult's
previous or current directions, preferences, opinions, cultural practices,
religious beliefs, values and actions, to the extent actually known or
reasonably ascertainable by the guardian.
(e) If a guardian for an adult cannot make a decision under
subsection (d) because the guardian does not know and cannot
reasonably determine the decision the adult probably would make if
able, or the guardian reasonably believes the decision the adult would
make would unreasonably harm or endanger the welfare or personal or
financial interests of the adult, the guardian shall act in accordance with
the best interest of the adult. In determining the best interest of the
adult, the guardian shall consider:
(1) Information received from professionals and persons that
demonstrate sufficient interest in the welfare of the adult;
(2) other information the guardian believes the adult would have
considered if the adult were able to act; and
(3) other factors a reasonable person in the circumstances of the
adult would consider, including consequences for others.
(f) A guardian for an adult shall notify the court immediately if the
condition of the adult has changed so that the adult is capable of
exercising rights previously removed.
New Sec. 77. (a) Except as limited by court order, a guardian for
an adult may:
(1) If authorized by the court under section 78, and amendments
thereto, apply for and receive funds and benefits for the support of the
adult, unless a conservator is appointed for the adult and the application
or receipt is within the powers of the conservator;
(2) establish the adult's place of dwelling;
(3) consent to health, including mental health, or other care,
treatment or service for the adult;
(4) if a conservator for the adult has not been appointed,
commence a proceeding including an administrative proceeding, or
take other appropriate action to compel another person to support the
adult or pay funds for the adult's benefit; and
(5) receive personally identifiable healthcare information
regarding the adult.
(b) The court by specific order may authorize a guardian for an
adult to consent to the adoption of the adult.
(c) The court by specific order may authorize a guardian for an
adult to litigate as petitioner or respondent an action for divorce,
dissolution or annulment of marriage of the individual subject to
guardianship, including negotiation of a settlement thereof.
(d) In determining whether to authorize a power under subsection
(b) or (c), the court shall consider whether the underlying act would be
in accordance with the adult's preferences, values and prior directions
and whether the underlying act would be in the adult's best interest.
(e) In exercising a guardian's power under subsection (a)(2) to
establish the adult's place of dwelling, the guardian shall:
(1) Select a residential setting the guardian believes the adult
would select if the adult were able, in accordance with the decision-
making standard in section 76(d) and (e), and amendments thereto. If
the guardian does not know and cannot reasonably determine what
setting the adult subject to guardianship probably would choose if able,
or the guardian reasonably believes the decision the adult would make
would unreasonably harm or endanger the welfare or personal or
financial interests of the adult, the guardian shall choose in accordance
with section 76(e), and amendments thereto, a residential setting that is
consistent with the adult's best interest;
(2) in selecting among residential settings, give priority to a
HOUSE BILL No. 2359—page 39
residential setting in a location that will allow the adult to interact with
persons important to the adult and meet the adult's needs in the least
restrictive manner reasonably feasible unless to do so would be
inconsistent with the decision-making standard in section 76(d) and (e),
and amendments thereto;
(3) not later than 30 days after a change in the dwelling of the
adult:
(A) Give notice of the change to the court, the adult and any
person identified as entitled to the notice in the court order appointing
the guardian or a subsequent order; and
(B) include in the notice the address and nature of the new
dwelling and state whether the adult received advance notice of the
change and whether the adult objected to the change;
(4) establish or move the permanent place of dwelling of the adult
to a nursing home, mental health facility or other facility that places
restrictions on the adult's ability to leave or have visitors only if:
(A) The establishment or move is in the guardian's plan under
section 79, and amendments thereto;
(B) the court authorizes the establishment or move; or
(C) the guardian gives notice of the establishment or move at least
14 days before the establishment or move to the adult and all persons
entitled to notice under section 73(e)(2), and amendments thereto, or a
subsequent order, and no objection is filed;
(5) establish or move the place of dwelling of the adult outside
this state only if consistent with the guardian's plan and authorized by
the court by specific order; and
(6) take action that would result in the sale of or surrender of the
lease to the primary dwelling of the adult only if:
(A) The action is specifically included in the guardian's plan under
section 79, and amendments thereto;
(B) the court authorizes the action by specific order; or
(C) notice of the action was given at least 14 days before the
action to the adult and all persons entitled to the notice under section
73(e)(2), and amendments thereto, or a subsequent order and no
objection has been filed.
(f) In exercising a guardian's power under subsection (a)(3) to
make healthcare decisions, the guardian shall:
(1) Involve the adult in decision making to the extent reasonably
feasible, including, when practicable, by encouraging and supporting
the adult in understanding the risks and benefits of healthcare options;
(2) act in accordance with any declaration of the adult made
pursuant to the provisions of K.S.A. 65-28,101 through 65-28,109, and
amendments thereto; and
(3) take into account:
(A) The risks and benefits of treatment options; and
(B) the current and previous wishes and values of the adult, if
known or reasonably ascertainable by the guardian.
New Sec. 78. (a) A guardian for an adult shall not initiate the
commitment of the adult to a mental health facility except in
accordance with the care and treatment act for mentally ill persons,
K.S.A. 59-2945 et seq., and amendments thereto.
(b) A guardian for an adult shall not restrict the ability of the adult
to communicate, visit or interact with others, including receiving
visitors and making or receiving telephone calls, personal mail or
electronic communications, including through social media, or
participating in social activities, unless:
(1) Authorized by the court by specific order;
(2) a protective order or a protective arrangement instead of
guardianship is in effect that limits contact between the adult and a
HOUSE BILL No. 2359—page 40
person; or
(3) the guardian has good cause to believe restriction is necessary
because interaction with a specified person poses a risk of significant
physical, psychological or financial harm to the adult and the restriction
is:
(A) For a period of not more than seven business days if the
person has a family or pre-existing social relationship with the adult; or
(B) for a period of not more than 60 days if the person does not
have a family or pre-existing social relationship with the adult.
(c) A guardian for an adult shall not consent, on behalf of the
adult, to:
(1) Any psychosurgery, removal of any bodily organ or
amputation of any limb, unless such surgery, removal or amputation
has been approved in advance by the court, except in an emergency and
when necessary to preserve the life of the adult or to prevent serious
and irreparable impairment to the physical health of the adult;
(2) the sterilization of the adult, unless approved by the court
following a due process hearing held for the purposes of determining
whether to approve such, and during which hearing the adult is
represented by an attorney appointed by the court;
(3) the performance of any experimental biomedical or behavioral
procedure on the adult, or for the adult to be a participant in any
biomedical or behavioral experiment, without the prior review and
approval of such by either an institutional review board as provided for
in title 45, part 46 of the code of federal regulations, or if such
regulations do not apply, then by a review committee established by the
agency, institution or treatment facility at which the procedure or
experiment is proposed to occur, composed of members selected for the
purposes of determining whether the proposed procedure or
experiment:
(A) Does not involve any significant risk of harm to the physical
or mental health of the adult, or the use of aversive stimulants, and is
intended to preserve the life or health of the adult or to assist the adult
to develop or regain skills or abilities; or
(B) involves a significant risk of harm to the physical or mental
health of the adult, or the use of an aversive stimulant, but that the
conducting of the proposed procedure or experiment is intended either
to preserve the life of the adult, or to significantly improve the quality
of life of the adult, or to assist the adult to develop or regain significant
skills or abilities, and that the guardian has been fully informed
concerning the potential risks and benefits of the proposed procedure or
experiment or of any aversive stimulant proposed to be used, and as to
how and under what circumstances the aversive stimulant may be used,
and has specifically consented to such;
(4) the withholding or withdrawal of life-saving or life-sustaining
medical care, treatment, services or procedures, except:
(A) In accordance with the provisions of any declaration of the
adult made pursuant to the provisions of K.S.A. 65-28,101 through 65-
28,109, and amendments thereto;
(B) if the adult, prior to the court's appointment of a guardian, has
executed a durable power of attorney for healthcare decisions pursuant
to K.S.A. 58-625, et seq., and amendments thereto, and that durable
power of attorney has not previously been revoked by the adult, and it
includes any provision relevant to the withholding or withdrawal of
life-saving or life- sustaining medical care, treatment, services or
procedures, then the guardian shall act as provided for in that power of
attorney, even if the guardian has revoked or amended that power of
attorney pursuant to the authority of K.S.A. 58-627, and amendments
thereto; or
HOUSE BILL No. 2359—page 41
(C) in accordance with subsection (d) or (e).
(d) (1) It shall be presumed that every adult under guardianship
has directed such adult's guardian to direct the adult's healthcare
providers to provide such adult with nutrition or hydration or both to a
degree that is sufficient to sustain life. No court, guardian or any person
shall have the authority to make a decision on behalf of an adult who is
legally incapable of making healthcare decisions to withhold or
withdraw nutrition or hydration or both from such adult except if:
(A) The adult, when legally capable of making healthcare
decisions, executed, expressly and with informed consent, a written
directive specifically authorizing the withholding or withdrawal of
nutrition or hydration or both under the adult's current circumstances.
Such directive shall include, but not be limited to, a declaration or a
durable power of attorney for healthcare decisions described in
subsection (c)(4); or
(B) the adult's treating physician certifies in writing that, in the
physician's reasonable medical judgment:
(i) The provision of nutrition or hydration or both to the adult
would hasten death; or
(ii) the adult would be incapable of digesting or absorbing the
nutrition or hydration or both so that its provision would not contribute
to sustaining the adult's life.
(2) (A) Prior to withholding or withdrawing nutrition or hydration
or both under paragraph (1)(B), a motion shall be filed with the court
with the written certification from the adult's treating physician.
(B) Notice of such filing shall be provided to the adult subject to
guardianship, any attorney representing the adult subject to
guardianship and any other person whom the court determines at the
time of filing of the petition.
(C) The court shall appoint an attorney for the adult. The court
may request that the state protection and advocacy agency as provided
by K.S.A. 65-5603(a)(10) or 74-5515, and amendments thereto, or 42
U.S.C. § 15043, 42 U.S.C. § 10805 or 29 U.S.C. § 794e, represent the
adult.
(D) The court shall hold a hearing within 72 hours or as soon
thereafter as the court is available.
(E) The court shall not authorize withholding or withdrawing
nutrition or hydration or both unless the court finds by clear and
convincing evidence that:
(i) The provision of nutrition or hydration or both to the adult
would hasten death; or
(ii) the adult would be incapable of digesting or absorbing the
nutrition or hydration or both so that its provision would not contribute
to sustaining the adult's life.
(3) (A) A cause of action for injunctive relief may be maintained:
(i) Against any person who is reasonably believed to be about to
violate or who is in the course of violating this subsection; or
(ii) to secure a court determination, notwithstanding the position
of a guardian, that the adult legally incapable of making healthcare
decisions, when legally capable of making such decisions, executed
expressly and with informed consent, a written directive to withdraw or
withhold hydration or nutrition or both in the applicable circumstances.
Such written directive shall be presumed valid unless there is clear and
convincing evidence to the contrary.
(B) The action may be brought by any person who is:
(i) The spouse, parent, child or sibling of the adult;
(ii) a current healthcare provider of the adult;
(iii) the guardian of the adult;
(iv) the state protection and advocacy agency as provided by
HOUSE BILL No. 2359—page 42
K.S.A. 65-5603(a)(10) or 74-5515, and amendments thereto, or 42
U.S.C. § 15043, 42 U.S.C. § 10805 or 29 U.S.C. § 794e; or
(v) a public official with appropriate jurisdiction to enforce the
laws of this state.
(C) Pending the final determination of the court, the court shall
direct that nutrition or hydration or both be provided to such adult
unless the court determines that paragraph (3)(A) is applicable.
(e) (1) No court, guardian or any person shall have the authority to
make a decision on behalf of an adult who is legally incapable of
making healthcare decisions to withhold or withdraw life-saving or
life-sustaining medical care, treatment, services or procedures from
such adult except if:
(A) The adult, when legally capable of making healthcare
decisions, executed, expressly and with informed consent, a written
directive specifically authorizing the withholding or withdrawing of
life-saving or life-sustaining medical care, treatment, services or
procedures from such adult under the adult's current circumstances.
Such directive shall include, but not be limited to, a declaration or a
durable power of attorney for healthcare decisions described in
subsection (c)(4); or
(B) (i) The adult's treating physician certifies in writing to the
guardian that the adult is suffering from a severe illness and that life -
sustaining medical care is objectively futile and would only prolong the
dying process; and
(ii) such opinion is concurred in by either a second physician or by
any medical ethics or similar committee to which the healthcare
provider has access established for the purposes of reviewing such
circumstances and the appropriateness of any type of physician's order
that would have the effect of withholding or withdrawing life- saving or
life-sustaining medical care.
(2) (A) Prior to withholding or withdrawal of life-saving or life-
sustaining medical care, treatment, services or procedures under
paragraph (1)(B), a motion shall be filed with the court with the written
certification from the adult's treating physician.
(B) Notice of such filing shall be provided to the adult subject to
guardianship, any attorney representing the adult subject to
guardianship and any other person whom the court determines at the
time of filing of the petition.
(C) The court shall appoint an attorney for the adult. The court
may request that the state protection and advocacy agency as provided
by K.S.A. 65-5603(a)(10) or 74-5515, and amendments thereto, or 42
U.S.C. § 15043, 42 U.S.C. § 10805 or 29 U.S.C. § 794e, represent the
adult.
(D) The court shall hold a hearing within 72 hours or as soon
thereafter as the court is available.
(E) The court shall not authorize withholding or withdrawal of
life-saving or life-sustaining medical care, treatment, services or
procedures unless the court finds by clear and convincing evidence
that:
(i) The adult is suffering from a severe illness and that life -
sustaining medical care is objectively futile and would only prolong the
dying process; and
(ii) such opinion is concurred in by either a second physician or by
any medical ethics or similar committee to which the healthcare
provider has access established for the purposes of reviewing such
circumstances and the appropriateness of any type of physician's order
that would have the effect of withholding or withdrawing life- saving or
life-sustaining medical care.
(f) A guardian for an adult shall not exercise any control or
HOUSE BILL No. 2359—page 43
authority over the adult's estate, unless specifically authorized by the
court. Any guardian who is granted such authority shall prepare an
inventory and provide notice of the inventory as provided in section
104, and amendments thereto. The court may assign such authority to
the guardian and may waive the requirement of the posting of a bond,
only if:
(1) Initially, the combined value of any funds and assets owned by
the adult equals $25,000 or less; and
(2) either the court requires the guardian to report to the court the
commencement of the exercising of such authority, or requires the
guardian to obtain court authorization to commence the exercise of
such authority, as the court shall specify; and
(3) the court also requires the guardian, whenever the combined
value of such funds and property exceeds $25,000, to:
(A) File a guardian's plan as provided for in section 79, and
amendments thereto, that contains elements similar to those that would
be contained in a conservator's plan as provided for in section 103, and
amendments thereto;
(B) petition the court for appointment of a conservator; or
(C) notify the court as the court shall specify that the value of the
adult's estate has equaled or exceeded $25,000, if the court has earlier
appointed a conservator but did not issue letters of conservatorship
pending such notification;
(g) A guardian for an adult shall not access digital assets of the
adult unless authorized by the court pursuant to K.S.A. 2024 Supp. 58-
4814, and amendments thereto.
New Sec. 79. (a) Not later than 60 days after appointment and
when there is a significant change in circumstances, or the guardian
seeks to deviate significantly from the existing guardian's plan, a
guardian for an adult shall file with the court a plan for the care of the
adult. The plan must be based on the needs of the adult and take into
account the best interest of the adult as well as the adult's preferences,
values and prior directions, to the extent known to or reasonably
ascertainable by the guardian. The guardian shall include in the plan:
(1) The living arrangement, services and supports the guardian
expects to arrange, facilitate or continue for the adult;
(2) social and educational activities the guardian expects to
facilitate on behalf of the adult;
(3) any person with whom the adult has a close personal
relationship or relationship involving regular visitation and any plan the
guardian has for facilitating visits with the person;
(4) the anticipated nature and frequency of the guardian's visits
and communication with the adult;
(5) goals for the adult, including any goal related to the restoration
of the adult's rights, and how the guardian anticipates achieving the
goals;
(6) whether the adult has an existing plan and, if so, whether the
guardian's plan is consistent with the adult's plan; and
(7) a statement or list of the amount the guardian proposes to
charge for each service the guardian anticipates providing to the adult.
(b) A guardian shall give notice of the filing of the guardian's plan
under subsection (a), together with a copy of the plan, to the adult
subject to guardianship, any attorney representing the adult subject to
guardianship, a person entitled to notice under section 73(e), and
amendments thereto, or a subsequent order, and any other person the
court determines. The notice must include a statement of the right to
object to the plan and must be given at the time of the filing.
(c) An adult subject to guardianship and any person entitled under
subsection (b) to receive notice and a copy of the guardian's plan may
HOUSE BILL No. 2359—page 44
object to the plan in writing no later than 21 days after the filing.
(d) The court shall review the guardian's plan filed under
subsection (a) and determine whether to approve the plan or require a
new plan. In deciding whether to approve the plan, the court shall
consider an objection under subsection (c) and whether the plan is
consistent with the guardian's duties and powers under sections 76 and
77, and amendments thereto. The court shall review an initial
guardian's plan at the review hearing scheduled under section 73(b),
and amendments thereto. When reviewing subsequent guardian's plans,
the court has discretion whether to set the matter for hearing but may
not approve the plan until 30 days after the filing.
(e) After the guardian's plan filed under this section is approved
by the court, the guardian shall provide a copy of the plan to the adult
subject to guardianship, any attorney representing the adult subject to
guardianship, a person entitled to notice under section 73(e), and
amendments thereto, or a subsequent order, and any other person the
court determines.
New Sec. 80. (a) A guardian for an adult shall file with the court at
least annually and at any other time the court directs a report in a record
regarding the condition of the adult and accounting for funds and other
property in the guardian's possession or subject to the guardian's
control.
(b) A report under subsection (a) must state or contain:
(1) The mental, physical and social condition of the adult;
(2) the living arrangements of the adult during the reporting
period;
(3) a summary of the supported decision making, technological
assistance, medical services, educational and vocational services and
other supports and services provided to the adult and the guardian's
opinion as to the adequacy of the adult's care;
(4) a summary of the guardian's visits with the adult, including the
frequency of the visits;
(5) action taken on behalf of the adult;
(6) the extent to which the adult has participated in decision
making;
(7) if the adult is living in a mental health facility or living in a
facility that provides the adult with healthcare or other personal
services, whether the guardian considers the facility's current plan for
support, care, treatment or habilitation consistent with the adult's
preferences, values, prior directions and best interest;
(8) anything of more than de minimis value which the guardian,
any individual who resides with the guardian, or the spouse, parent,
child or sibling of the guardian has received from an individual
providing goods or services to the adult;
(9) any circumstance that may constitute a conflict of interest
between the guardian and the adult. A conflict of interest occurs where
the guardian has some personal, business or agency interest that could
be perceived as self-serving or adverse to the position or best interest of
the adult, including, but not limited to, being paid for providing
caregiver services to the adult;
(10) if a guardian has been granted financial authority under
section 78(e) , and amendments thereto, an accounting that lists
property included in the adult's estate and the receipts, disbursements,
liabilities and distributions during the period for which the report is
made;
(11) a copy of the guardian's most recently approved plan under
section 79, and amendments thereto, and a statement whether the
guardian has deviated from the plan and, if so, how the guardian has
deviated and why;
HOUSE BILL No. 2359—page 45
(12) plans for future care and support of the adult;
(13) a recommendation as to the need for continued guardianship
and any recommended change in the scope of the guardianship,
including whether the condition of the adult has changed so that the
adult is capable of exercising rights previously removed; and
(14) whether any co-guardian or successor guardian appointed to
serve when a designated event occurs is alive and able to serve.
(c) A guardian for an adult shall file a special report with the court
upon the occurrence of any of the following:
(1) A change of address of the guardian;
(2) a change of residence or placement of the adult;
(3) a significant change in the health or impairment of the adult;
(4) the acquisition by the adult of any real property, or the receipt
or accumulation of other property or income by the adult or by the
guardian on behalf of the adult, which causes the total value of the
adult's estate to equal or exceed $25,000;
(5) the death of the adult; or
(6) a change in the circumstances of the guardian or the adult that
may constitute a conflict of interest. A conflict of interest occurs where
the guardian has some personal, business or agency interest that could
be perceived as self-serving or adverse to the position or best interest of
the adult.
(d) The court may appoint a court liaison to review a report
submitted under this section or a guardian's plan submitted under
section 79, and amendments thereto, interview the guardian or adult
subject to guardianship or investigate any other matter involving the
guardianship.
(e) Notice of the filing under this section of a guardian's report or
special report, together with a copy of the report, must be given to the
adult subject to guardianship, a person entitled to notice under section
73(e), and amendments thereto, or a subsequent order, and any other
person the court determines. The notice and report must be given not
later than 14 days after the filing.
(f) The court shall establish procedures for monitoring a report
submitted under this section and review each report at least annually to
determine whether:
(1) The report provides sufficient information to establish the
guardian has complied with the guardian's duties;
(2) the guardianship should continue; and
(3) the guardian's requested fees, if any, should be approved.
(g) If the court determines that there is reason to believe a
guardian for an adult has not complied with the guardian's duties or the
guardianship should be modified or terminated, the court:
(1) Shall notify the adult, the guardian and any other person
entitled to notice under section 73(e), and amendments thereto, or a
subsequent order;
(2) may require additional information from the guardian;
(3) may appoint a court liaison to interview the adult or guardian
or investigate any matter involving the guardianship; and
(4) consistent with sections 81 and 82, and amendments thereto,
may hold a hearing to consider removal of the guardian, termination of
the guardianship or a change in the powers granted to the guardian or
terms of the guardianship.
(h) If the court has reason to believe fees requested by a guardian
for an adult are not reasonable, the court shall hold a hearing to
determine whether to adjust the requested fees.
(i) A guardian for an adult may petition the court for approval of a
report filed under this section. The court after review may approve the
report. If the court approves the report, there is a rebuttable
HOUSE BILL No. 2359—page 46
presumption the report is accurate as to a matter adequately disclosed in
the report.
New Sec. 81. (a) The court may remove a guardian for an adult for
failure to perform the guardian's duties or for other good cause and
appoint a successor guardian to assume the duties of guardian.
(b) The court shall hold a hearing to determine whether to remove
a guardian for an adult and appoint a successor guardian on:
(1) Petition of the adult, guardian or person interested in the
welfare of the adult, which contains allegations that, if true, would
support a reasonable belief that removal of the guardian and
appointment of a successor guardian may be appropriate, but the court
may decline to hold a hearing if a petition based on the same or
substantially similar facts was filed during the preceding six months;
(2) communication from the adult, guardian or person interested in
the welfare of the adult which supports a reasonable belief that removal
of the guardian and appointment of a successor guardian may be
appropriate;
(3) determination by the court that a hearing would be in the best
interest of the adult; or
(4) determination by the court that the guardian's annual reports
are delinquent or deficient as filed.
(c) Notice of a petition under subsection (b)(1) or a hearing under
this section must be given to the adult subject to guardianship, the
guardian, a person entitled to notice under section 73(e), and
amendments thereto, or a subsequent order, and any other person the
court determines.
(d) If the adult subject to guardianship is not represented by an
attorney, the court shall appoint an attorney under the same conditions
as in section 68, and amendments thereto. The court shall award
reasonable attorney fees to the attorney for the adult as provided in
section 42, and amendments thereto.
(e) In selecting a successor guardian for an adult, the court shall
follow the priorities under section 72, and amendments thereto.
(f) Not later than 30 days after appointing a successor guardian,
the court or the court's designee shall give notice of the appointment to
the adult subject to guardianship and any person entitled to notice under
section 73(e), and amendments thereto, or a subsequent order.
New Sec. 82. (a) An adult subject to guardianship, the guardian
for the adult or a person interested in the welfare of the adult may
petition for:
(1) Termination of the guardianship on the ground that a basis for
appointment under section 64, and amendments thereto, does not exist
or termination would be in the best interest of the adult or for other
good cause; or
(2) modification of the guardianship on the ground that the extent
of protection or assistance granted is not appropriate or for other good
cause.
(b) The court shall hold a hearing to determine whether
termination or modification of a guardianship for an adult is
appropriate on:
(1) Petition under subsection (a) which contains allegations that, if
true, would support a reasonable belief that termination or modification
of the guardianship may be appropriate, but the court may decline to
hold a hearing if a petition based on the same or substantially similar
facts was filed during the preceding six months;
(2) communication from the adult, guardian or person interested in
the welfare of the adult which supports a reasonable belief that
termination or modification of the guardianship may be appropriate,
including because the functional needs of the adult or supports or
HOUSE BILL No. 2359—page 47
services available to the adult have changed;
(3) a report from a guardian or conservator which indicates that
termination or modification may be appropriate because the functional
needs of the adult or supports or services available to the adult have
changed or a protective arrangement instead of guardianship or other
less restrictive alternative for meeting the adult's needs is available; or
(4) a determination by the court that a hearing would be in the best
interest of the adult.
(c) Notice of a petition under subsection (b)(1) or of a hearing
under this section must be given to the adult subject to guardianship,
the guardian, a person entitled to notice under section 73(e), and
amendments thereto, or a subsequent order, and any other person the
court determines.
(d) After the hearing, the court shall order termination unless it is
proven that a basis for appointment of a guardian under section 64, and
amendments thereto, continues to exist.
(e) The court shall modify the powers granted to a guardian for an
adult if the powers are excessive or inadequate due to a change in the
abilities or limitations of the adult, the adult's supports or other
circumstances.
(f) Unless the court otherwise orders for good cause, before
terminating or modifying a guardianship for an adult, the court shall
follow the same procedures to safeguard the rights of the adult which
apply to a petition for guardianship.
(g) An adult subject to guardianship who seeks to terminate or
modify the terms of the guardianship has the right to choose an attorney
to represent the adult in the matter. If the adult is not represented by an
attorney, the court shall appoint an attorney under the same conditions
as in section 68, and amendments thereto. The court shall award
reasonable attorney fees to the attorney for the adult as provided in
section 42, and amendments thereto.
(h) Not later than 30 days after entering an order under this
section, the court or the court's designee shall give notice of the order to
the adult subject to guardianship and any person entitled to notice under
section 73(e), and amendments thereto, or a subsequent order.
New Sec. 83. (a) On petition and after notice and hearing, the
court may appoint a conservator for the property or financial affairs of
a minor if the court finds by a preponderance of evidence that the minor
owns funds or other property exceeding $25,000 in value derived from
court settlements, death transfers or sources other than the minor's
employment earnings or accounts established under the uniform
transfers to minors act, and either:
(1) The minor owns funds or other property requiring management
or protection that otherwise cannot be provided;
(2) the minor has or may have financial affairs that may be put at
unreasonable risk or hindered because of the minor's age; or
(3) appointment is necessary or desirable to obtain or provide
funds or other property needed for the support, care, education, health
or welfare of the minor.
(b) On petition and after notice and hearing, the court may appoint
a conservator for the property or financial affairs of an adult if the court
finds by clear and convincing evidence that:
(1) The adult is unable to manage property or financial affairs
because:
(A) Of a limitation in the adult's ability to receive and evaluate
information or make or communicate decisions, even with the use of
appropriate supportive services, technological assistance or supported
decision making; or
(B) the adult is missing, detained or unable to return to the United
HOUSE BILL No. 2359—page 48
States;
(2) appointment is necessary to:
(A) Avoid harm to the adult or significant dissipation of the
property of the adult; or
(B) obtain or provide funds or other property needed for the
support, care, education, health or welfare of the adult or of an
individual entitled to the adult's support; and
(3) the adult's identified needs cannot be met by a protective
arrangement instead of conservatorship or other less restrictive
alternative.
(c) The court shall grant a conservator only those powers
necessitated by demonstrated limitations and needs of the adult and
issue orders that will encourage development of the adult's maximum
self-determination and independence. The court may not establish a full
conservatorship if a limited conservatorship, protective arrangement
instead of conservatorship or other less restrictive alternative would
meet the needs of the adult.
New Sec. 84. (a) The following may file a verified petition for the
appointment of a conservator:
(1) The individual for whom the order is sought;
(2) a person interested in the estate, financial affairs or welfare of
the individual, including a person that would be adversely affected by
lack of effective management of property or financial affairs of the
individual; or
(3) the guardian for the individual.
(b) A petition under subsection (a) must state the petitioner's
name, principal residence, current street address if different,
relationship to the respondent, interest in the appointment, the name
and address of any attorney representing the petitioner and, to the
extent known, the following:
(1) The respondent's name, age, principal residence, current street
address if different and, if different, address of the dwelling in which it
is proposed the respondent will reside if the petition is granted;
(2) the name and address of the respondent's:
(A) Spouse or, if the respondent has none, an adult with whom the
respondent has shared household responsibilities for more than six
months in the 12-month period before the filing of the petition;
(B) adult children, adult stepchildren, adult grandchildren and
each parent and adult sibling of the respondent, or, if none, at least one
adult nearest in kinship to the respondent who can be found with
reasonable diligence; and
(C) adult former stepchildren with whom the respondent had an
ongoing relationship during the two years immediately before the filing
of the petition;
(3) the name and current address of each of the following, if
applicable:
(A) A person primarily responsible for the care or custody of the
respondent;
(B) any attorney currently representing the respondent;
(C) the representative payee appointed by the social security
administration for the respondent;
(D) a guardian or conservator acting for the respondent in this
state or another jurisdiction;
(E) a trustee or custodian of a trust or custodianship of which the
respondent is a beneficiary;
(F) the fiduciary appointed for the respondent by the department
of veterans affairs and any curator appointed under K.S.A. 73-507, and
amendments thereto;
(G) an agent designated under a power of attorney for healthcare
HOUSE BILL No. 2359—page 49
in which the respondent is identified as the principal;
(H) an agent designated under a power of attorney for finances in
which the respondent is identified as the principal;
(I) a person known to have routinely assisted the respondent with
decision making in the six-month period immediately before the filing
of the petition; and
(J) if the individual for whom a conservator is sought is a minor:
(i) An adult not otherwise listed with whom the minor resides; and
(ii) each person not otherwise listed that had primary care or
custody of the minor for at least 60 days during the two years
immediately before the filing of the petition or for at least 730 days
during the five years immediately before the filing of the petition;
(4) (A) The name, age, date of birth, gender, address, place of
employment and relationship to the respondent, if any, of the proposed
conservator;
(B) the reason the proposed conservator should be selected; and
(C) any potential conflict of interest including any personal or
agency interest of the proposed conservator that may be perceived as
self-serving or adverse to the position or best interest of the respondent;
(5) a general statement of the respondent's property with an
estimate of its value, including any insurance or pension, and the source
and amount of other anticipated income or receipts;
(6) the reason conservatorship is necessary, including a description
of:
(A) The nature and extent of the respondent's alleged need;
(B) if the petition alleges the respondent is missing, detained or
unable to return to the United States, the relevant circumstances,
including the time and nature of the disappearance or detention and any
search or inquiry concerning the respondent's whereabouts;
(C) any protective arrangement instead of conservatorship or other
less restrictive alternative for meeting the respondent's alleged need
which has been considered or implemented;
(D) if no protective arrangement or other less restrictive
alternatives have been considered or implemented, the reason it has not
been considered or implemented; and
(E) the reason a protective arrangement or other less restrictive
alternative is insufficient to meet the respondent's need;
(7) whether the petitioner seeks a limited conservatorship or a full
conservatorship;
(8) if the petitioner seeks a full conservatorship, the reason a
limited conservatorship or protective arrangement instead of
conservatorship is not appropriate;
(9) if the petition is for a limited conservatorship, a description of
the property to be placed under the conservator's control and any
requested limitation on the authority of the conservator;
(10) whether the respondent needs an interpreter, translator or
other form of support to communicate effectively with the court or
understand court proceedings; and
(11) the name and address of an attorney representing the
petitioner, if any.
New Sec. 85. (a) On filing of a petition under section 84, and
amendments thereto, for appointment of a conservator, the court shall
set a date, time and place for a hearing on the petition.
(b) A copy of a petition under section 84, and amendments thereto,
and notice of a hearing on the petition must be served personally on the
respondent. If the respondent's whereabouts are unknown or personal
service cannot be made, service on the respondent must be made by
substituted service, as ordered by the court. The notice must inform the
respondent of the respondent's rights at the hearing, including the right
HOUSE BILL No. 2359—page 50
to an attorney and to attend the hearing. The notice must include a
description of the nature, purpose and consequences of granting the
petition. The court may not grant a petition for appointment of a
conservator if notice substantially complying with this subsection is not
served on the respondent. The court may order any of the following
persons to serve the notice upon the respondent:
(1) The petitioner or the attorney for the petitioner;
(2) the attorney appointed by the court to represent the respondent;
(3) any law enforcement officer; or
(4) any other person whom the court finds to be a proper person to
serve this notice.
(c) In a proceeding on a petition under section 84, and
amendments thereto, the notice required under subsection (b) must be
given to the persons required to be listed in the petition under section
84(b)(1) through (3), and amendments thereto, and any other person
interested in the respondent's welfare the court determines. Failure to
give notice under this subsection does not preclude the court from
appointing a conservator.
(d) After the appointment of a conservator, notice of a hearing on
a petition for any other order under sections 83 through 118, and
amendments thereto, together with a copy of the petition, must be given
to:
(1) The individual subject to conservatorship, if the individual is
12 years of age or older and not missing, detained or unable to return to
the United States;
(2) the conservator; and
(3) any other person the court determines.
New Sec. 86. While a petition under section 84, and amendments
thereto, is pending, after preliminary hearing and without notice to
others, the court may issue an order to preserve and apply property of
the respondent as required for the support of the respondent or an
individual who is in fact dependent on the respondent. The court may
appoint an emergency conservator to assist in implementing the order.
New Sec. 87. (a) If the respondent in a proceeding to appoint a
conservator is a minor, the court may appoint a court liaison to
investigate a matter related to the petition or inform the minor or a
parent of the minor about the petition or a related matter.
(b) If the respondent in a proceeding to appoint a conservator is an
adult, the court may appoint a court liaison. The duties and reporting
requirements of the court liaison are limited to the relief requested in
the petition. The court liaison must be an individual with training or
experience in the type of abilities, limitations and needs alleged in the
petition.
(c) (1) A court liaison appointed under subsection (b) for an adult
shall interview the respondent in person and in a manner the respondent
is best able to understand:
(A) Explain, in general, the petition, and the nature and purpose of
the proceeding, including the potential loss of rights as a result of the
proceeding; and
(B) obtain the respondent's views about the appointment sought by
the petitioner, including views about a proposed conservator, the
conservator's proposed powers and duties and the scope and duration of
the proposed conservatorship.
(2) These explanations and discussions are not intended to be a
substitute for the attorney appointed to represent the respondent to
inform the respondent of the respondent's rights and the nature and
purpose of the proceeding.
(d) A court liaison appointed under subsection (b) for an adult may
be assigned any or all of the following duties, in the discretion of the
HOUSE BILL No. 2359—page 51
presiding judge:
(1) Interview the petitioner and proposed conservator, if any;
(2) review financial records of the respondent, if relevant to the
court liaison's recommendation under subsection (e)(1);
(3) investigate whether the respondent's needs could be met by a
protective arrangement instead of conservatorship or other less
restrictive alternative and, if so, identify the arrangement or other less
restrictive alternative; and
(4) investigate the allegations in the petition and any other matter
relating to the petition as directed by the court, including, but not
limited to, the respondent's family relationships, past conduct, the
nature and extent of any property or income of the respondent, whether
the respondent is likely to injure self or others and other matters as the
court may specify.
(e) A court liaison appointed under subsection (b) for an adult
shall file a report with the court at least 10 days prior to the hearing on
the petition or other hearing as directed by the court. Unless otherwise
ordered by the court, such report must include:
(1) A recommendation:
(A) Regarding the appropriateness of conservatorship, or whether
a protective arrangement instead of conservatorship or other less
restrictive alternative for meeting the respondent's needs is available;
(B) if a conservatorship is recommended, whether it should be full
or limited; and
(C) if a limited conservatorship is recommended, the powers to be
granted to the conservator, and the property that should be placed under
the conservator's control;
(2) a statement of the qualifications of the proposed conservator
and whether the respondent approves or disapproves of the proposed
conservator;
(3) a statement whether the respondent is able to attend a hearing
at the location court proceedings typically are held;
(4) a statement whether the respondent is able to participate in a
hearing and which identifies any technology or other form of support
that would enhance the respondent's ability to participate; and
(5) any other matter the court directs.
(d) The costs of an investigation by a court liaison shall be
assessed as provided for in section 42, and amendments thereto.
New Sec. 88. (a) Unless the respondent in a proceeding for
appointment of a conservator is represented by an attorney, the court
shall appoint an attorney to represent the respondent, regardless of the
respondent's ability to pay. The court shall give preference in the
appointment of an attorney to any attorney who has represented the
respondent in other matters if the court has knowledge of that prior
representation or to an attorney whom the respondent has requested.
Any appointment made by the court shall terminate after the
conservator's plan has been approved and after any appeal from the
appointment of a conservator, unless the court continues the
appointment by further order. Thereafter, an attorney may be appointed
by the court if requested, in writing, by the adult subject to
conservatorship, the conservator or upon the court's own motion.
(b) An attorney representing the respondent in a proceeding for
appointment of a conservator shall:
(1) Make reasonable efforts to ascertain the respondent's wishes;
(2) advocate for the respondent's wishes to the extent reasonably
ascertainable; and
(3) if the respondent's wishes are not reasonably ascertainable,
advocate for the result that is the least-restrictive in type, duration and
scope, consistent with the respondent's interests.
HOUSE BILL No. 2359—page 52
(c) An attorney representing the respondent shall interview the
respondent in person and, in a manner the respondent is best able to
understand:
(1) Explain to the respondent the substance of the petition, the
nature, purpose and effect of the proceeding, the respondent's rights at
the hearing on the petition and the general powers and duties of a
conservator;
(2) determine the respondent's views about the appointment
sought by the petitioner, including views about a proposed conservator,
the conservator's proposed powers and duties and the scope and
duration of the proposed conservatorship; and
(3) inform the respondent that all costs and expenses of the
proceeding, including respondent's attorney fees, may be paid from the
respondent's assets.
(d) The court shall appoint an attorney to represent a parent of a
minor who is the subject of a proceeding under section 84, and
amendments thereto, if the court determines the parent needs
representation.
New Sec. 89. (a) Upon the filing of the petition or any other time
at or before the hearing, if the contents of the petition or evidence at the
hearing support a prima facie case of the need for a conservator, the
court shall order an examination and evaluation of the respondent to be
conducted through a general hospital, psychiatric hospital, community
mental health center or community developmental disability
organization, or by a licensed physician, psychiatrist, psychologist,
physician assistant, nurse practitioner, social worker or other
professional appointed by the court who is qualified to evaluate the
respondent's alleged cognitive and functional abilities and limitations
and will not be advantaged or disadvantaged by a decision to grant the
petition or otherwise have a conflict of interest.
(b) Unless otherwise specified by the court, the report of the
examination and evaluation submitted to the court shall contain:
(1) The respondent's name, age and date of birth;
(2) a description of the respondent's physical and mental
condition;
(3) a description of the nature and extent of the respondent's
cognitive and functional abilities and limitations, including adaptive
behaviors and social skills, and, as appropriate, educational and
developmental potential;
(4) a prognosis for any improvement and, as appropriate, any
recommendation for treatment or rehabilitation;
(5) a list and description of any prior assessments, evaluations or
examinations of the respondent, including the dates thereof, which were
relied upon in the preparation of this evaluation;
(6) the date and location where this examination and evaluation
occurred, and the name or names of the professional or professionals
performing the examination and evaluation and such professional's
qualifications;
(7) a statement by the professional that the professional has
personally completed an independent examination and evaluation of the
respondent, and that the report submitted to the court contains the
results of that examination and evaluation, and the professional's
opinion with regard to the issues of whether or not the respondent is in
need of a conservator and whether there are barriers to the respondent's
attendance and participation at the hearing on the petition; and
(8) the signature of the professional who prepared the report.
(c) The professional shall file with the court, at least five days
prior to the date of the trial, such professional's written report
concerning the examination and evaluation ordered by the court. The
HOUSE BILL No. 2359—page 53
report shall be made available by the court to counsel for all parties.
(d) In lieu of entering an order for an examination and evaluation
as provided for in this section, the court may determine that the report
accompanying the petition is in compliance with the requirements of
this section and that no further examination or evaluation should be
required, unless the respondent, or such person's attorney, requests such
an examination and evaluation in writing. Any such request shall be
filed with the court, and a copy thereof delivered to the petitioner, at
least four days prior to the date of the trial. Accompanying the request
shall be a statement of the reasons why an examination and evaluation
is requested and the name and address of a qualified professional or
facility willing and able to conduct this examination and evaluation. If
the court orders a further examination and evaluation, the court may
continue the trial and fix a new date, time and place of the trial at a time
not to exceed 30 days from the date of the filing of the request.
New Sec. 90. (a) Except as otherwise provided in subsection (b), a
hearing under section 85, and amendments thereto, may not proceed
unless the respondent attends the hearing. If it is not reasonably feasible
for the respondent to attend a hearing at the location court proceedings
typically are held, the court shall make reasonable efforts to hold the
hearing at an alternative location convenient to the respondent or allow
the respondent to attend the hearing using real-time audio-visual
technology.
(b) A hearing under section 85, and amendments thereto, may
proceed without the respondent in attendance if the court finds by clear
and convincing evidence that:
(1) The respondent is choosing not to attend the hearing after
having been fully informed of the right to attend and the potential
consequences of failing to do so;
(2) there is no practicable way for the respondent to attend and
participate in the hearing even with appropriate supportive services or
technological assistance; or
(3) the respondent is a minor who has received proper notice and
attendance would be harmful to the minor.
(c) The respondent may be assisted in a hearing under section 85,
and amendments thereto, by a person or persons of the respondent's
choosing, assistive technology or an interpreter or translator, or a
combination of these supports. If assistance would facilitate the
respondent's participation in the hearing, but is not otherwise available
to the respondent, the court shall make reasonable efforts to provide it.
(d) The respondent has a right to retain an attorney to represent the
respondent at a hearing under section 85, and amendments thereto.
(e) At a hearing under section 85, and amendments thereto, the
respondent may:
(1) Present evidence and subpoena witnesses and documents;
(2) examine witnesses, including any court-appointed evaluator or
court liaison; and
(3) otherwise participate in the hearing.
(f) Unless excused by the court for good cause, a proposed
conservator shall attend a hearing under section 85, and amendments
thereto.
(g) A hearing under section 85, and amendments thereto, must be
closed on request of the respondent and a showing of good cause.
(h) Any person may request to participate in a hearing under
section 85, and amendments thereto. The court may grant the request,
with or without a hearing, on determining that the best interest of the
respondent will be served. The court may impose appropriate
conditions on the person's participation.
New Sec. 91. (a) The existence of a proceeding for or the
HOUSE BILL No. 2359—page 54
existence of conservatorship is a matter of public record unless the
court seals the record after:
(1) The respondent, the individual subject to conservatorship or
the parent of a minor subject to conservatorship requests the record be
sealed; and
(2) either:
(A) The petition for conservatorship is dismissed; or
(B) the conservatorship is terminated.
(b) (1) The following court records are a matter of public record
unless sealed by the court:
(A) Letters of conservatorship;
(B) orders suspending or removing a conservator; and
(C) orders terminating a conservatorship.
(2) All other court records of a conservatorship proceeding are not
a matter of public record except as further provided.
(3) The following persons may access court records of the
proceeding and resulting conservatorship, including the conservator's
plan under section 103, and amendments thereto, and the conservator's
report under section 105, and amendments thereto:
(A) An individual subject to a proceeding for a conservatorship,
whether or not a conservator is appointed;
(B) an attorney designated by the individual;
(C) a person entitled to notice under section 93(f), and
amendments thereto, or a subsequent order; and
(D) a licensed attorney, abstractor or title insurance agent.
(4) A person not otherwise entitled to access to court records
under this section for good cause may request permission from the
court for access to court records of the conservatorship, including the
conservator's plan and report. The court shall grant access if access is in
the best interest of the respondent or individual subject to
conservatorship or furthers the public interest and does not endanger
the welfare or financial interests of the respondent or individual.
(c) A report under section 87, and amendments thereto, of a court
liaison or professional evaluation under section 89, and amendments
thereto, is confidential and must be sealed on filing, but is available to:
(1) The court;
(2) the individual who is the subject of the report or evaluation,
without limitation as to use;
(3) the petitioner, court liaison and petitioner's and respondent's
attorneys, for purposes of the proceeding;
(4) unless the court directs otherwise, an agent appointed under a
power of attorney for finances in which the respondent is identified as
the principal; and
(5) any other person if it is in the public interest or for a purpose
the court orders for good cause.
New Sec. 92. (a) Except as otherwise provided in subsection (c),
the court in appointing a conservator shall consider persons qualified to
be a conservator in the following order of priority:
(1) A conservator, other than a temporary or emergency
conservator, currently acting for the respondent in another jurisdiction;
(2) a person nominated as conservator by the respondent,
including the respondent's most recent nomination made in a power of
attorney for finances;
(3) an agent appointed by the respondent to manage the
respondent's property under a power of attorney for finances;
(4) a spouse of the respondent;
(5) a family member or other individual who has shown special
care and concern for the respondent; and
(6) a person nominated as conservator by the spouse, adult child
HOUSE BILL No. 2359—page 55
or other close family member of the respondent.
(b) If two or more persons have equal priority under subsection
(a), the court shall select as conservator the person the court considers
best qualified. In determining the best qualified person, the court shall
consider the person's relationship with the respondent, the person's
skills, the expressed wishes of the respondent, the extent to which the
person and the respondent have similar values and preferences and the
likelihood the person will be able to perform the duties of a conservator
successfully.
(c) The court, acting in the best interest of the respondent, may
decline to appoint as conservator a person having priority under
subsection (a) and appoint a person having a lower priority or no
priority.
(d) The following persons shall not be appointed as conservator
unless the court finds by clear and convincing evidence that the person
is the best qualified person available for appointment and the
appointment is in the best interest of the respondent:
(1) A person that provides paid services to the respondent, or an
individual who is employed by a person that provides paid services to
the respondent, or is the spouse, parent or child of an individual who
provides or is employed to provide paid services to the respondent;
(2) an owner, operator or employee of any entity at which the
respondent is receiving care; and
(3) a person who provides care or other services, or is an
employee of an agency, partnership or corporation that provides care or
other services to persons with needs similar to those of the respondent.
New Sec. 93. (a) A court order appointing a conservator for a
minor must include findings to support appointment of a conservator.
(b) A court order appointing a conservator for an adult must:
(1) Include a specific finding that clear and convincing evidence
has established that the identified needs of the respondent cannot be
met by a protective arrangement instead of conservatorship or other
less restrictive alternative, including use of appropriate supportive
services, technological assistance or supported decision making; and
(2) include a specific finding that clear and convincing evidence
established the respondent was given proper notice of the hearing on
the petition.
(c) A court order establishing a full conservatorship for an adult
must state the basis for granting a full conservatorship and include
specific findings to support the conclusion that a limited
conservatorship would not meet the functional needs of the adult.
(d) A court order establishing a limited conservatorship must state
the specific property placed under the control of the conservator and the
powers granted to the conservator.
(e) A court order appointing a conservator must include the date of
a review hearing to be set 90 days after the order of appointment is
entered. At that hearing, the court shall review the conservator's plan
filed pursuant to section 103, and amendments thereto, and the
inventory filed pursuant to section 104, and amendments thereto.
(f) The court, as part of an order establishing a conservatorship,
shall identify any person that subsequently is entitled to:
(1) Notice of the rights of the individual subject to conservatorship
under section 94(b), and amendments thereto;
(2) notice of a sale or other disposition of, encumbrance of an
interest in, or surrender of a lease to any real or personal property of the
individual;
(3) notice that the conservator will be unavailable to perform the
conservator's duties for more than one month;
(4) a copy of the conservator's plan under section 103, and
HOUSE BILL No. 2359—page 56
amendments thereto, and the conservator's report under section 105,
and amendments thereto;
(5) access to court records relating to the conservatorship;
(6) notice of a transaction involving a substantial conflict between
the conservator's fiduciary duties and personal interests;
(7) notice of the death or significant change in the condition of the
individual;
(8) notice that a petition has been filed to limit or modify the
powers of the conservator or that the court has limited or modified the
powers of the conservator; and
(9) notice that a petition has been filed to remove the conservator
or that the court has removed the conservator.
(g) If an individual subject to conservatorship is an adult, the
spouse and adult children of the adult subject to conservatorship are
entitled under subsection (e) to notice unless the court determines
notice would be contrary to the preferences or prior directions of the
adult subject to conservatorship or not in the best interest of the adult.
(h) If an individual subject to conservatorship is a minor, each
parent and adult sibling of the minor is entitled under subsection (e) to
notice unless the court determines notice would not be in the best
interest of the minor.
New Sec. 94. (a) Not later than 14 days after the appointment, a
conservator appointed under section 93, and amendments thereto, shall
give to the individual subject to conservatorship and to all other persons
given notice under section 85, and amendments thereto, a copy of the
order of appointment.
(b) Not later than 30 days after appointment of a conservator
under section 93, and amendments thereto, the court or the court's
designee shall give to the individual subject to conservatorship, the
conservator, and any other person entitled to notice under section 93(f),
and amendments thereto, a statement of the rights of the individual
subject to conservatorship and procedures to seek relief if the
individual is denied those rights. The statement must be in plain
language, in at least 16-point font, and to the extent feasible, in a
language in which the individual subject to conservatorship is
proficient. The statement must notify the individual subject to
conservatorship of the right to:
(1) Seek termination or modification of the conservatorship, or
removal of the conservator, and choose an attorney to represent the
individual in these matters;
(2) file a grievance against the conservator under section 50, and
amendments thereto;
(3) participate in decision making to the extent reasonably
feasible;
(4) receive a copy of the conservator's plan under section 103, and
amendments thereto, the conservator's inventory under section 104, and
amendments thereto, and the conservator's report under section 105,
and amendments thereto; and
(5) object to the conservator's inventory, plan or report.
(c) If a conservator is appointed for the reasons stated in section
83(b)(1)(B), and amendments thereto, and the individual subject to
conservatorship is missing, notice under this section to the individual is
not required. If the individual subject to conservatorship is a minor
under the age of 12, notice under this section to the minor is not
required.
(d) Any person required to provide notice under this section shall
file proof of service of such notice with the court.
New Sec. 95. (a) On its own after a petition has been filed under
section 84, and amendments thereto, or on a verified petition by a
HOUSE BILL No. 2359—page 57
person interested in an individual's welfare, the court may appoint an
emergency conservator for the individual if the court finds a sufficient
factual basis to establish probable cause that:
(1) Appointment of an emergency conservator is necessary to
prevent imminent, substantial and irreparable harm to the individual's
property or financial interests;
(2) no other person has authority and willingness to act in the
circumstances; and
(3) a basis for appointment of a conservator under section 83, and
amendments thereto, exists.
(b) The duration of authority of an emergency conservator may
not exceed 30 days and the emergency conservator may exercise only
the powers specified in the order of appointment. The emergency
conservator's authority may be extended up to three times for not more
than 30 days per extension if the court finds good cause and that the
conditions for appointment of an emergency conservator under
subsection (a) continue.
(c) Immediately on filing of a petition for an emergency
conservator, the court shall appoint an attorney to represent the
respondent in the proceeding. Except as otherwise provided in
subsection (d), reasonable notice of the date, time and place of a
hearing on the petition must be given to the respondent, the
respondent's attorney and any other person the court determines.
(d) The court may appoint an emergency conservator without
notice to the respondent and any attorney for the respondent only if the
court finds from an affidavit or testimony that the respondent's property
or financial interests will be substantially and irreparably harmed
before a hearing with notice on the appointment can be held. If the
court appoints an emergency conservator without giving notice under
subsection (c), the court must give notice of the appointment not later
than 48 hours after the appointment to:
(1) The respondent;
(2) the respondent's attorney; and
(3) any other person the court determines.
(e) Not later than five days after the appointment, the court shall
hold a hearing on the appropriateness of the appointment.
(f) Appointment of an emergency conservator under this section is
not a determination that a basis exists for appointment of a conservator
under section 83, and amendments thereto.
(g) The court may remove an emergency conservator appointed
under this section at any time. The emergency conservator shall make
any report the court requires.
New Sec. 96. An individual subject to conservatorship or a person
interested in the welfare of the individual may petition for an order:
(a) Modifying bond requirements;
(b) requiring an accounting for the administration of the
conservatorship estate;
(c) directing distribution;
(d) removing the conservator and appointing a temporary or
successor conservator;
(e) modifying the type of appointment or powers granted to the
conservator, if the extent of protection or management previously
granted is excessive or insufficient to meet the individual's needs,
including because the individual's abilities or supports have changed;
(f) rejecting or modifying the conservator's plan under section
103, and amendments thereto, the conservator's inventory under section
104, and amendments thereto, or the conservator's report under section
105, and amendments thereto; or
(g) granting other appropriate relief.
HOUSE BILL No. 2359—page 58
New Sec. 97. (a) Except as otherwise provided in subsection (c),
the court shall require a conservator to furnish a bond with a surety, or
require an alternative asset-protection arrangement, conditioned on
faithful discharge of all duties of the conservator. The court may waive
the requirement only if the court finds that a bond or other asset-
protection arrangement is not necessary to protect the interests of the
individual subject to conservatorship. Except as otherwise provided in
subsection (c), the court may not waive the requirement if the
conservator is in the business of serving as a conservator and is being
paid for the conservator's service.
(b) Unless the court directs otherwise, the bond required under this
section must be in the amount of the aggregate capital value of the
conservatorship estate, plus one year's estimated income, less the value
of property deposited under an arrangement requiring a court order for
its removal, and less the value of real property. The court, in place of
surety on a bond, may accept collateral for the performance of the
bond, including a pledge of securities or a mortgage of real property.
(c) A regulated financial-service institution qualified to do trust
business in this state is not required to give a bond under this section.
(d) If the conservator appointed is under contract with the Kansas
guardianship program, the Kansas department for children and families
shall act as surety on the bond.
New Sec. 98. (a) The following rules apply to the bond required
under section 97, and amendments thereto:
(1) Except as otherwise provided by the bond, the surety and the
conservator are jointly and severally liable.
(2) By executing a bond provided by a conservator, the surety
submits to the personal jurisdiction of the court that issued letters of
office to the conservator in a proceeding relating to the duties of the
conservator in which the surety is named as a party. Notice of the
proceeding must be given to the surety at the address shown in the
records of the court in which the bond is filed and any other address of
the surety then known to the person required to provide the notice.
(3) On petition of a successor conservator or person affected by a
breach of the obligation of the bond, a proceeding may be brought
against the surety for breach of the obligation of the bond.
(4) A proceeding against the bond may be brought until liability
under the bond is exhausted.
(b) A proceeding may not be brought under this section against a
surety of a bond on a matter as to which a proceeding against the
conservator is barred.
(c) If a bond under section 97, and amendments thereto, is not
renewed by the conservator, the surety or sureties immediately shall
give notice to the court and the individual subject to conservatorship.
Upon receiving such notice, the clerk of the district court shall forward
the notice to the presiding judge who shall set the matter for hearing
and determine who should receive notice.
New Sec. 99. (a) A conservator is a fiduciary and has duties of
prudence, loyalty, reasonable care and diligence to the individual
subject to conservatorship.
(b) A conservator shall promote the self-determination of the
individual subject to conservatorship and, to the extent feasible,
encourage the individual to participate in decisions, act on the
individual's own behalf, and develop or regain the capacity to manage
the individual's personal affairs. A conservator shall strive to assure that
the personal, civil and human rights of the individual subject to
conservatorship are protected.
(c) In making a decision for an individual subject to
conservatorship, the conservator shall make the decision that the
HOUSE BILL No. 2359—page 59
conservator reasonably believes the individual would make if able,
unless doing so would fail to preserve the resources needed to maintain
the individual's well-being and lifestyle or otherwise unreasonably
harm or endanger the welfare or personal or financial interests of the
individual. To determine the decision the individual would make if
able, the conservator shall consider the individual's prior or current
directions, preferences, opinions, values and actions, to the extent
actually known or reasonably ascertainable by the conservator.
(d) If a conservator cannot make a decision under subsection (c)
because the conservator does not know and cannot reasonably
determine the decision the individual subject to conservatorship
probably would make if able, or the conservator reasonably believes the
decision the individual would make would fail to preserve resources
needed to maintain the individual's well-being and lifestyle or
otherwise unreasonably harm or endanger the welfare or personal or
financial interests of the individual, the conservator shall act in
accordance with the best interest of the individual. In determining the
best interest of the individual, the conservator shall consider:
(1) Information received from professionals and persons that
demonstrate sufficient interest in the welfare of the individual;
(2) other information the conservator believes the individual
would have considered if the individual were able to act; and
(3) other factors a reasonable person in the circumstances of the
individual would consider, including consequences for others.
(e) Except when inconsistent with the conservator's duties under
subsections (a) through (d), a conservator shall invest and manage the
conservatorship estate as a prudent investor would, by considering:
(1) The circumstances of the individual subject to conservatorship
and the conservatorship estate;
(2) general economic conditions;
(3) the possible effect of inflation or deflation;
(4) the expected tax consequences of an investment decision or
strategy;
(5) the role of each investment or course of action in relation to
the conservatorship estate as a whole;
(6) the expected total return from income and appreciation of
capital;
(7) the need for liquidity, regularity of income and preservation or
appreciation of capital; and
(8) the special relationship or value, if any, of specific property to
the individual subject to conservatorship.
(f) The propriety of a conservator's investment and management
of the conservatorship estate is determined in light of the facts and
circumstances existing when the conservator decides or acts and not by
hindsight.
(g) A conservator shall make a reasonable effort to verify facts
relevant to the investment and management of the conservatorship
estate.
(h) A conservator that has special skills or expertise, or is named
conservator in reliance on the conservator's representation of special
skills or expertise, has a duty to use the special skills or expertise in
carrying out the conservator's duties.
(i) In investing, selecting specific property for distribution, and
invoking a power of revocation or withdrawal for the use or benefit of
the individual subject to conservatorship, a conservator shall consider
any estate plan of the individual known or reasonably ascertainable to
the conservator and may examine the will or other donative, nominative
or appointive instrument of the individual.
(j) A conservator shall maintain insurance on the insurable real
HOUSE BILL No. 2359—page 60
and personal property of the individual subject to conservatorship,
unless the conservatorship estate lacks sufficient funds to pay for
insurance or the court finds:
(1) The property lacks sufficient equity; or
(2) insuring the property would unreasonably dissipate the
conservatorship estate or otherwise not be in the best interest of the
individual.
(k) A conservator has access to and authority over a digital asset
of the individual subject to conservatorship to the extent provided by
the revised uniform fiduciary access to digital assets act or court order.
(l) A conservator for an adult shall notify the court immediately if
the condition of the adult has changed so that the adult is capable of
exercising rights previously removed.
New Sec. 100. (a) Except as otherwise provided in section 102,
and amendments thereto, or as qualified or limited in the court's order
of appointment and stated in the letters of office, a conservator has all
powers granted in this section.
(b) A conservator, acting reasonably and consistent with the
fiduciary duties of the conservator to accomplish the purpose of the
conservatorship, without specific court authorization or confirmation,
may with respect to the conservatorship estate:
(1) Collect, hold and retain property, including property in which
the conservator has a personal interest and real property in another
state, until the conservator determines disposition of the property
should be made;
(2) receive additions to the conservatorship estate;
(3) manage any ongoing business that the individual subject to
conservatorship was managing and operating prior to the appointment
of the conservator;
(4) acquire an undivided interest in property in which the
conservator, in a fiduciary capacity, holds an undivided interest;
(5) invest assets;
(6) deposit funds or other property in a financial institution,
including one operated by the conservator;
(7) make ordinary or necessary repairs, replacements and
renovations for the use and benefit of the individual subject to
conservatorship;
(8) enter for any purpose into a lease of property as lessor or
lessee, with or without an option to purchase or renew, for a term not
exceeding one year;
(9) vote a security, in person or by general or limited proxy;
(10) pay a call, assessment or other sum chargeable or accruing
against or on account of a security;
(11) sell or exercise a stock subscription or conversion right;
(12) consent, directly or through a committee or agent, to the
reorganization, consolidation, merger, dissolution or liquidation of a
corporation or other business enterprise in which the conservatorship
has less than a 20% ownership interest;
(13) hold a security in the name of a nominee or in other form
without disclosure of the conservatorship so that title to the security
may pass by delivery;
(14) insure:
(A) The conservatorship estate, in whole or in part, against
damage or loss in accordance with section 99(j), and amendments
thereto; and
(B) the conservator against liability with respect to a third person;
(15) borrow funds without security to be repaid from the
conservatorship estate or otherwise;
(16) advance the conservator's personal funds for the protection of
HOUSE BILL No. 2359—page 61
the conservatorship estate or the individual subject to conservatorship
and all expenses, losses and liability sustained in the administration of
the conservatorship estate or because of holding any property for which
the conservator has a lien on the conservatorship estate, subject to
reimbursement as provided in section 43, and amendments thereto;
(17) pay or contest a claim, settle a claim by or against the
conservatorship estate or the individual subject to conservatorship by
compromise, arbitration or otherwise, or release, in whole or in part, a
claim belonging to the conservatorship estate to the extent the claim is
uncollectible;
(18) pay a tax, assessment and other expense incurred in the
collection, care, administration and protection of the conservatorship
estate;
(19) pay a sum distributable to the individual subject to
conservatorship or an individual who is in fact dependent on the
individual subject to conservatorship by paying the sum to the
distributee or for the use of the distributee:
(A) To the guardian for the distributee;
(B) to the custodian of the distributee under the uniform transfers
to minors act or custodial trustee under the uniform custodial trust act;
or
(C) if there is no guardian, custodian or custodial trustee, to a
relative or other person having physical custody of the distributee;
(20) bring or defend an action, claim or proceeding in any
jurisdiction for the protection of the conservatorship estate or the
conservator in the performance of the conservator's duties;
(21) structure the finances of the individual subject to
conservatorship to establish eligibility for a public benefit, if the
conservator's action does not jeopardize the individual's welfare and
otherwise is consistent with the conservator's duties;
(22) assert spousal rights in an estate, including the spousal
elective share; and
(23) execute and deliver any instrument that will accomplish or
facilitate the exercise of a power of the conservator.
New Sec. 101. Except as otherwise provided in section 102, and
amendments thereto, or as qualified or limited in the court's order of
appointment and stated in the letters of office, and unless contrary to a
conservator's plan under section 103, and amendments thereto, the
conservator may expend or distribute income or principal of the
conservatorship estate without specific court authorization or
confirmation for the support, care, education, health or welfare of the
individual subject to conservatorship or an individual who is in fact
dependent on the individual subject to conservatorship, including the
payment of child or spousal support, in accordance with the following
rules:
(a) The conservator shall consider a recommendation relating to
the appropriate standard of support, care, education, health, or welfare
for the individual subject to conservatorship or individual who is
dependent on the individual subject to conservatorship, made by a
guardian for the individual subject to conservatorship, if any, and, if the
individual subject to conservatorship is a minor, a recommendation
made by a parent of the minor.
(b) The conservator acting in compliance with the conservator's
duties under section 99, and amendments thereto, is not liable for an
expenditure or distribution made based on a recommendation under
subsection (a) unless the conservator knows the expenditure or
distribution is not in the best interest of the individual subject to
conservatorship.
(c) In making an expenditure or distribution under this section, the
HOUSE BILL No. 2359—page 62
conservator shall consider:
(1) The size of the conservatorship estate, the estimated duration
of the conservatorship and the likelihood the individual subject to
conservatorship, at some future time, may be fully self-sufficient and
able to manage the individual's financial affairs and the conservatorship
estate;
(2) the accustomed standard of living of the individual subject to
conservatorship and individual who is dependent on the individual
subject to conservatorship;
(3) other funds or source used for the support of the individual
subject to conservatorship; and
(4) the preferences, values and prior directions of the individual
subject to conservatorship.
(d) Subject to section 43, and amendments thereto, funds
expended or distributed under this section may be paid by the
conservator to any person, including the individual subject to
conservatorship, as reimbursement for expenditures the conservator
might have made, or in advance for services to be provided to the
individual subject to conservatorship or individual who is dependent on
the individual subject to conservatorship if it is reasonable to expect the
services will be performed and advance payment is customary or
reasonably necessary under the circumstances.
New Sec. 102. (a) Except as otherwise ordered by the court, a
conservator must give notice to persons entitled to notice under section
85(d), and amendments thereto, and receive specific authorization by
the court before the conservator may exercise, with respect to the
conservatorship, the power to:
(1) Make a gift, except a gift of de minimis value, unless such
power to make a gift is included in a conservator's plan approved by the
court and by the attorney for the individual subject to conservatorship;
(2) sell or otherwise dispose of, encumber an interest in, or
surrender a lease to any real or personal property of the individual
subject to conservatorship, unless such power is included in a
conservator's plan approved by the court and by the attorney for the
individual subject to conservatorship;
(3) acquire or dispose of property, including real property in
another state, for cash or on credit, at public or private sale, and
manage, develop, improve, exchange, partition, change the character of
or abandon property;
(4) make extraordinary repairs or alterations in a building or other
structure, demolish any improvement, or raze an existing or erect a new
party wall or building;
(5) subdivide or develop land, dedicate land to public use, make or
obtain the vacation of a plat and adjust a boundary, adjust a difference
in valuation of land, exchange or partition land by giving or receiving
consideration and dedicate an easement to public use without
consideration;
(6) enter for any purpose into a lease of property as lessor or
lessee, with or without an option to purchase or renew, for a term
exceeding one year;
(7) enter into a lease or arrangement for exploration and removal
of minerals or other natural resources or a pooling or unitization
agreement;
(8) grant an option involving disposition of property or accept or
exercise an option for the acquisition of property;
(9) convey, release or disclaim a contingent or expectant interest
in property, including marital property and any right of survivorship
incident to joint tenancy;
(10) exercise or release a power of appointment;
HOUSE BILL No. 2359—page 63
(11) create a revocable or irrevocable trust of property of the
conservatorship estate, including an irrevocable trust which will enable
the individual subject to conservatorship to qualify for benefits from
any federal, state or local government program, or which will
accelerate the individual's qualification for such benefits, whether or
not the trust extends beyond the duration of the conservatorship;
(12) revoke or amend a trust revocable by the individual subject to
conservatorship pursuant to K.S.A. 58a-411 or 58a-602, and
amendments thereto;
(13) exercise a right to elect an option or change a beneficiary
under an insurance policy or annuity or surrender the policy or annuity
for its cash value;
(14) renounce or disclaim a property interest;
(15) grant a creditor priority for payment over creditors of the
same or higher class if the creditor is providing property or services
used to meet the basic living and care needs of the individual subject to
conservatorship and preferential treatment otherwise would be
impermissible under section 110(e), and amendments thereto; and
(16) litigate as petitioner or respondent an action for divorce,
dissolution or annulment of marriage of the individual subject to
conservatorship, including negotiation of a settlement thereof.
(b) The court shall set the matter for hearing and, if the individual
subject to conservatorship is not represented by an attorney, shall
appoint an attorney to represent the individual.
(c) In approving a conservator's exercise of a power listed in
subsection (a), the court shall consider primarily the decision the
individual subject to conservatorship would make if able, to the extent
the decision can be ascertained.
(d) To determine under subsection (b) the decision the individual
subject to conservatorship would make if able, the court shall consider
the individual's prior or current directions, preferences, opinions, values
and actions, to the extent actually known or reasonably ascertainable by
the conservator. The court shall also consider:
(1) The financial needs of the individual subject to
conservatorship and individuals who are in fact dependent on the
individual subject to conservatorship for support, and the interests of
creditors of the individual;
(2) possible reduction of income, estate, inheritance or other tax
liabilities;
(3) eligibility for governmental assistance;
(4) the previous pattern of giving or level of support provided by
the individual;
(5) any existing estate plan or lack of estate plan of the individual;
(6) the life expectancy of the individual and the probability the
conservatorship will terminate before the individual's death; and
(7) any other relevant factor.
New Sec. 103. (a) Not later than 60 days after appointment, and
whenever there is a significant change in circumstances or the
conservator seeks to deviate significantly from the existing
conservator's plan, a conservator shall file with the court a plan for
protecting, managing, expending and distributing the assets of the
conservatorship estate. The plan must be based on the needs of the
individual subject to conservatorship and take into account the best
interest of the individual as well as the individual's preferences, values
and prior directions, to the extent known to or reasonably ascertainable
by the conservator. The conservator shall include in the plan:
(1) A budget containing projected expenses and resources,
including an estimate of the total amount of fees the conservator
anticipates charging per year and a statement or list of the amount the
HOUSE BILL No. 2359—page 64
conservator proposes to charge for each service the conservator
anticipates providing to the individual;
(2) how the conservator will involve the individual in decisions
about management of the conservatorship estate;
(3) any step the conservator plans to take to develop or restore the
ability of the individual to manage the conservatorship estate; and
(4) an estimate of the duration of the conservatorship.
(b) A conservator shall give notice of the filing of the
conservator's plan under subsection (a), together with a copy of the
plan, to the individual subject to conservatorship, any attorney
representing the individual subject to conservatorship, a person entitled
to notice under section 93(f), and amendments thereto, or a subsequent
order, and any other person the court determines. The notice must
include a statement of the right to object to the plan and must be given
at the time of the filing.
(c) An individual subject to conservatorship and any person
entitled under subsection (b) to receive notice and a copy of the
conservator's plan may object to the plan in writing not later than 21
days after the filing.
(d) The court shall review the conservator's plan filed under
subsection (a) and determine whether to approve the plan or require a
new plan. In deciding whether to approve the plan, the court shall
consider an objection under subsection (c) and whether the plan is
consistent with the conservator's duties and powers. The court shall
review an initial conservator's plan at the review hearing scheduled
under section 93(e), and amendments thereto. For subsequent
conservator's plans, the court has discretion whether to set the matter
for hearing but may not approve the plan until 30 days after the filing.
(e) After a conservator's plan under this section is approved by the
court, the conservator shall provide a copy of the plan to the individual
subject to conservatorship, any attorney representing the individual
subject to conservatorship, a person entitled to notice under section
93(f), and amendments thereto, or a subsequent order, and any other
person the court determines.
New Sec. 104. (a) Not later than 60 days after appointment, a
conservator shall prepare and file with the appointing court a detailed
inventory of the conservatorship estate, together with an oath or
affirmation that the inventory is believed to be complete and accurate
as far as information permits. The inventory shall include all of the
property and assets of the conservatorship estate, including any sources
of regular income to the estate, and information about how property is
titled and any beneficiary designations, including pay-on-death and
transfer-on-death beneficiaries.
(b) A conservator shall give notice of the filing of an inventory to
the individual subject to conservatorship, a person entitled to notice
under section 93(f), and amendments thereto, or a subsequent order,
and any other person the court determines. The notice must be given
not later than 14 days after the filing.
(c) A conservator shall keep records of the administration of the
conservatorship estate and make them available for examination on
reasonable request of the individual subject to conservatorship, a
guardian for the individual, or any other person the conservator or the
court determines.
New Sec. 105. (a) A conservator shall file with the court a report
in a record regarding the administration of the conservatorship estate
annually unless the court otherwise directs, on resignation or removal,
on termination of the conservatorship, and at any other time the court
directs.
(b) A report under subsection (a) must state or contain:
HOUSE BILL No. 2359—page 65
(1) An accounting that lists property included in the
conservatorship estate and the receipts, disbursements, liabilities and
distributions during the period for which the report is made;
(2) a list of the services provided to the individual subject to
conservatorship;
(3) a statement whether the conservator has deviated from the
conservator's most recently approved plan and, if so, how the
conservator has deviated and why;
(4) a recommendation as to the need for continued conservatorship
and any recommended change in the scope of the conservatorship;
(5) to the extent feasible, a copy of the most recent reasonably
available financial statements evidencing the status of bank accounts,
investment accounts and mortgages or other debts of the individual
subject to conservatorship with account numbers and social security
number redacted;
(6) anything of more than de minimis value which the conservator,
any individual who resides with the conservator, or the spouse, parent,
child or sibling of the conservator has received from a person providing
goods or services to the individual subject to conservatorship;
(7) any business relation the conservator has with a person the
conservator has paid or that has benefited from the property of the
individual subject to conservatorship;
(8) whether any co-conservator or successor conservator
appointed to serve when a designated event occurs is alive and able to
serve; and
(9) a copy of the bond renewal.
(c) The court may appoint a court liaison to review a report under
this section or conservator's plan under section 103, and amendments
thereto, interview the individual subject to conservatorship or
conservator, or investigate any other matter involving the
conservatorship. In connection with the report, the court may order the
conservator to submit the conservatorship estate to appropriate
examination in a manner the court directs.
(d) Notice of the filing under this section of a conservator's report,
together with a copy of the report, must be provided to the individual
subject to conservatorship, a person entitled to notice under section
93(f), and amendments thereto, or a subsequent order, and other
persons the court determines. The notice and report must be given not
later than 14 days after filing.
(e) The court shall establish procedures for monitoring a report
submitted under this section and review each report at least annually to
determine whether:
(1) The reports provide sufficient information to establish the
conservator has complied with the conservator's duties;
(2) the conservatorship should continue; and
(3) the conservator's requested fees, if any, should be approved.
(f) If the court determines there is reason to believe a conservator
has not complied with the conservator's duties or the conservatorship
should not continue, the court:
(1) Shall notify the individual subject to conservatorship, the
conservator and any other person entitled to notice under section 93(f),
and amendments thereto, or a subsequent order;
(2) may require additional information from the conservator;
(3) may appoint a court liaison to interview the individual subject
to conservatorship or conservator or investigate any matter involving
the conservatorship; and
(4) consistent with sections 112 and 113, and amendments thereto,
may hold a hearing to consider removal of the conservator, termination
of the conservatorship or a change in the powers granted to the
HOUSE BILL No. 2359—page 66
conservator or terms of the conservatorship.
(g) If the court has reason to believe fees requested by a
conservator are not reasonable, the court shall hold a hearing to
determine whether to adjust the requested fees.
(h) A conservator may petition the court for approval of a report
filed under this section. The court after review may approve the report.
If the court approves the report, there is a rebuttable presumption the
report is accurate as to a matter adequately disclosed in the report.
(i) An order, after notice and hearing, approving an interim report
of a conservator filed under this section adjudicates liabilities
concerning a matter adequately disclosed in the report, as to a person
given notice of the report or accounting.
(j) An order, after notice and hearing, approving a final report
filed under this section discharges the conservator from all liabilities,
claims and causes of action by a person given notice of the report and
the hearing as to a matter adequately disclosed in the report.
New Sec. 106. (a) The interest of an individual subject to
conservatorship in property included in the conservatorship estate is not
transferrable or assignable by the individual and is not subject to levy,
garnishment, or similar process for claims against the individual unless
allowed under section 110, and amendments thereto.
(b) If an individual subject to conservatorship enters into a
contract after having the right to enter the contract removed by the
court, the contract is void against the individual and the individual's
property but is enforceable against the person that contracted with the
individual.
(c) A person other than the conservator that deals with an
individual subject to conservatorship with respect to property included
in the conservatorship estate is entitled to protection provided by law of
this state other than this act.
New Sec. 107. A transaction involving a conservatorship estate
which is affected by a substantial conflict between the conservator's
fiduciary duties and personal interests is voidable unless the transaction
is authorized by court order after notice to persons entitled to notice
under section 93(f), and amendments thereto, or a subsequent order. A
transaction affected by a substantial conflict includes a sale,
encumbrance or other transaction involving the conservatorship estate
entered into by the conservator, an individual with whom the
conservator resides, the spouse, descendant, sibling, agent or attorney
of the conservator, or a corporation or other enterprise in which the
conservator has a substantial beneficial interest.
New Sec. 108. (a) A person that assists or deals with a conservator
in good faith and for value in any transaction, other than a transaction
requiring a court order under section 102, and amendments thereto, is
protected as though the conservator properly exercised any power in
question. Knowledge alone by a person that the person is dealing with a
conservator does not require the person to inquire into the existence of
authority of the conservator or the propriety of the conservator's
exercise of authority, but restrictions on authority stated in letters of
office, or otherwise provided by law, are effective as to the person. A
person that pays or delivers property to a conservator is not responsible
for proper application of the property.
(b) Protection under subsection (a) extends to a procedural
irregularity or jurisdictional defect in the proceeding leading to the
issuance of letters of office and does not substitute for protection for a
person that assists or deals with a conservator provided by comparable
provisions in law of this state other than this act relating to a
commercial transaction or simplifying a transfer of securities by a
fiduciary.
HOUSE BILL No. 2359—page 67
New Sec. 109. (a) If an individual subject to conservatorship dies,
the conservator shall deliver to the district court any will of the
individual that is in the conservator's possession and inform the
personal representative named in the will if feasible. The conservator
shall give notice of the delivery of the will under this section to any
person entitled to notice under section 93(f), and amendments thereto,
or a subsequent order.
(b) On the death of an individual subject to conservatorship, the
conservator shall conclude the administration of the conservatorship
estate as provided in section 113, and amendments thereto.
New Sec. 110. (a) A conservator may pay a claim against the
conservatorship estate or the individual subject to conservatorship
arising before or during the conservatorship, on presentation and
allowance in accordance with the priorities under subsection (d). A
claimant may present a claim by:
(1) Sending or delivering to the conservator a statement in a
record of the claim, indicating its basis, the name and address of the
claimant and the amount claimed; or
(2) filing the claim with the court, in a form acceptable to the
court, and sending or delivering a copy of the claim to the conservator.
(b) A claim under subsection (a) is presented on receipt by the
conservator of the statement of the claim or the filing with the court of
the claim, whichever occurs first. A presented claim is allowed, if it is
not disallowed in whole or in part, by the conservator in a record sent
or delivered to the claimant not later than 60 days after its presentation.
Before payment, the conservator may change an allowance of the claim
to a disallowance in whole or in part, but not after allowance under a
court order or order directing payment of the claim. Presentation of a
claim tolls until 30 days after disallowance of the claim the running of a
statute of limitations that has not expired relating to the claim.
(c) A claimant whose claim under subsection (a) has not been paid
may petition the court to determine the claim at any time before it is
barred by a statute of limitations, and the court may order its allowance,
payment or security by encumbering property included in the
conservatorship estate. If a proceeding is pending against the individual
subject to conservatorship at the time of appointment of the conservator
or is initiated thereafter, the moving party shall give the conservator
notice of the proceeding if it could result in creating a claim against the
conservatorship estate.
(d) If a conservatorship estate is likely to be exhausted before all
existing claims are paid, the conservator shall distribute the estate in
money or in kind in payment of claims in the following order:
(1) Costs and expenses of administration;
(2) a claim of the federal or state government having priority
under law other than this act;
(3) a claim incurred by the conservator for support, care,
education, health or welfare previously provided to the individual
subject to conservatorship or an individual who is in fact dependent on
the individual subject to conservatorship;
(4) a claim arising before the conservatorship; and
(5) all other claims.
(e) Preference may not be given in the payment of a claim under
subsection (d) over another claim of the same class. A claim due and
payable may not be preferred over a claim not due unless:
(1) Doing so would leave the conservatorship estate without
sufficient funds to pay the basic living and healthcare expenses of the
individual subject to conservatorship; and
(2) the court authorizes the preference under section 102(a)(8),
and amendments thereto.
HOUSE BILL No. 2359—page 68
(f) If assets of a conservatorship estate are adequate to meet all
existing claims, the court, acting in the best interest of the individual
subject to conservatorship, may order the conservator to grant a
security interest in the conservatorship estate for payment of a claim at
a future date.
New Sec. 111. (a) Except as otherwise agreed by a conservator,
the conservator is not personally liable on a contract properly entered
into in a fiduciary capacity in the course of administration of the
conservatorship estate unless the conservator fails to reveal the
conservator's representative capacity in the contract or before entering
into the contract.
(b) A conservator is personally liable for an obligation arising
from control of property of the conservatorship estate or an act or
omission occurring in the course of administration of the
conservatorship estate only if the conservator is personally at fault.
(c) A claim based on a contract entered into by a conservator in a
fiduciary capacity, an obligation arising from control of property
included in the conservatorship estate, or a tort committed in the course
of administration of the conservatorship estate may be asserted against
the conservatorship estate in a proceeding against the conservator in a
fiduciary capacity, whether or not the conservator is personally liable
for the claim.
(d) A question of liability between a conservatorship estate and the
conservator personally may be determined in a proceeding for
accounting, surcharge, or indemnification or another appropriate
proceeding or action.
New Sec. 112. (a) The court may remove a conservator for failure
to perform the conservator's duties or other good cause and appoint a
successor conservator to assume the duties of the conservator.
(b) The court shall hold a hearing to determine whether to remove
a conservator and appoint a successor on:
(1) Petition of the individual subject to conservatorship,
conservator or person interested in the welfare of the individual which
contains allegations that, if true, would support a reasonable belief that
removal of the conservator and appointment of a successor may be
appropriate, but the court may decline to hold a hearing if a petition
based on the same or substantially similar facts was filed during the
preceding six months;
(2) communication from the individual subject to conservatorship,
conservator or person interested in the welfare of the individual which
supports a reasonable belief that removal of the conservator and
appointment of a successor may be appropriate;
(3) determination by the court that a hearing would be in the best
interest of the individual subject to conservatorship; or
(4) determination by the court that the conservator's reports and
accountings are delinquent or deficient as filed.
(c) Notice of a petition under subsection (b)(1) or any hearing
under this section must be given to the individual subject to
conservatorship, the conservator, a person entitled to notice under
section 93(f), and amendments thereto, or a subsequent order, and any
other person the court determines.
(d) If the individual subject to conservatorship is not represented
by an attorney, the court shall appoint an attorney under the same
conditions as in section 88, and amendments thereto. The court shall
award reasonable attorney fees to the attorney as provided in section
42, and amendments thereto.
(e) In selecting a successor conservator, the court shall follow the
priorities under section 92, and amendments thereto.
(f) Not later than 30 days after appointing a successor conservator,
HOUSE BILL No. 2359—page 69
the court or court's designee shall give notice of the appointment to the
individual subject to conservatorship and any person entitled to notice
under section 93(f), and amendments thereto, or a subsequent order.
New Sec. 113. (a) A conservatorship for a minor terminates on the
earliest of:
(1) A court order terminating the conservatorship;
(2) the minor becoming an adult except as provided in section 114,
and amendments thereto;
(3) emancipation of the minor; or
(4) death of the minor.
(b) A conservatorship for an adult terminates on order of the court
or when the adult dies.
(c) An individual subject to conservatorship, the conservator, or a
person interested in the welfare of the individual may petition for:
(1) Termination of the conservatorship on the ground that a basis
for appointment under section 83, and amendments thereto, does not
exist or termination would be in the best interest of the individual or for
other good cause; or
(2) modification of the conservatorship on the ground that the
extent of protection or assistance granted is not appropriate or for other
good cause.
(d) The court shall hold a hearing to determine whether
termination or modification of a conservatorship is appropriate on:
(1) Petition under subsection (c) which contains allegations that, if
true, would support a reasonable belief that termination or modification
of the conservatorship may be appropriate, but the court may decline to
hold a hearing if a petition based on the same or substantially similar
facts was filed within the preceding six months;
(2) a communication from the individual subject to
conservatorship, conservator or person interested in the welfare of the
individual which supports a reasonable belief that termination or
modification of the conservatorship may be appropriate, including
because the functional needs of the individual or supports or services
available to the individual have changed;
(3) a report from a guardian or conservator which indicates that
termination or modification may be appropriate because the functional
needs or supports or services available to the individual have changed
or a protective arrangement instead of conservatorship or other less
restrictive alternative is available; or
(4) a determination by the court that a hearing would be in the best
interest of the individual.
(e) Notice of a petition under subsection (c) or of a hearing under
this section must be given to the individual subject to conservatorship,
the conservator, a person entitled to notice under section 93(f), and
amendments thereto, or a subsequent order, and any other person the
court determines.
(f) After the hearing, the court shall order termination unless it is
proven that a basis for appointment of a conservator under section 83,
and amendments thereto, continues to exist.
(g) The court shall modify the powers granted to a conservator if
the powers are excessive or inadequate due to a change in the abilities
or limitations of the individual subject to conservatorship, the
individual's supports or other circumstances.
(h) Unless the court otherwise orders for good cause, before
terminating a conservatorship, the court shall follow the same
procedures to safeguard the rights of the individual subject to
conservatorship which apply to a petition for conservatorship.
(i) An individual subject to conservatorship who seeks to
terminate or modify the terms of the conservatorship has the right to
HOUSE BILL No. 2359—page 70
retain an attorney to represent the individual in this matter. If the
individual is not represented by an attorney, the court shall appoint an
attorney under the same conditions as in section 88, and amendments
thereto. The court shall award reasonable attorney fees to the attorney
as provided in section 42, and amendments thereto.
(j) On termination of a conservatorship other than by reason of the
death of the individual subject to conservatorship, property of the
conservatorship estate passes to the individual. The order of
termination must direct the conservator to file a final report and petition
for discharge on approval by the court of the final report.
(k) On termination of a conservatorship by reason of the death of
the individual subject to conservatorship, the conservator promptly
shall file a final report and petition for discharge on approval by the
court of the final report. On approval of the final report, the conservator
shall proceed expeditiously to distribute the conservatorship estate to
the individual's estate or as otherwise ordered by the court. The
conservator may take reasonable measures necessary to preserve the
conservatorship estate until distribution can be made.
(l) The court shall issue a final order of discharge on the approval
by the court of the final report and satisfaction by the conservator of
any other condition the court imposed on the conservator's discharge.
(m) Not later than 30 days after entering an order under this
section, the court or the court's designee shall give notice of the order to
the adult subject to conservatorship and any person entitled to notice
under section 93(f), and amendments thereto, or a subsequent order.
New Sec. 114. (a) A conservatorship for a minor may be extended
beyond the minor's 18th birthday if the minor consents or the court finds
by clear and convincing evidence that substantial harm to the minor's
interests is otherwise likely. A conservatorship may be extended under
this section until the minor reaches the age of 21 and may be extended
for two additional two-year periods upon the same finding by the court
or upon consent of the minor. Consent to the extension of a
conservatorship may be withdrawn at any time.
(b) Any request to extend a minor conservatorship under this
section must be accompanied by:
(1) A description of the funds or assets of the minor's estate which
the conservator proposes to distribute to the minor over an extended
period following the minor's 18th birthday;
(2) the factual basis upon which the conservator alleges the need
for such an extended distribution plan; and
(3) a proposed conservator's plan that describes how the
distribution will occur.
(c) The court shall appoint an attorney to represent the minor as
provided in section 88, and amendments thereto.
(d) After a hearing, the court may extend a conservatorship for a
minor and grant to the conservator the authority to establish an
extended distribution plan if the court finds by clear and convincing
evidence that:
(1) Substantial harm to the minor's interests is likely if the
conservatorship is not extended; and
(2) the plan approved by the court adequately provides for
meeting the expected needs of the minor from the minor's 18 th birthday
until the final distribution of the funds or assets which the court
authorizes to be set aside or transferred from the estate are paid over to
the minor, including provisions for accelerated distribution in
extraordinary circumstances, which may require court approval.
(e) If the court orders a conservatorship for a minor to be extended
under this section, the court shall order the conservator to report any
expenditure or transfer of funds or assets from the minor's estate for the
HOUSE BILL No. 2359—page 71
purposes of effectuating an extended distribution plan within the
conservator's next accounting.
(f) The court may extend the conservatorship with regard to
specific funds or assets of the minor's estate, even though other funds
or assets of the minor's estate are paid over to the minor upon the
minor's becoming 18 years of age.
(g) The minor shall be without the power, voluntarily or
involuntarily, to sell, mortgage, pledge, hypothecate, assign, alienate,
anticipate, transfer or convey any interest in the principal or the income
from any funds or assets of the minor's estate set aside or transferred to
effectuate a plan for extended distribution until such is actually paid to
the minor.
New Sec. 115. (a) Unless a person required to transfer funds or
other property to a minor knows that a conservator for the minor has
been appointed or a proceeding is pending for conservatorship, the
person may transfer an amount or value not exceeding $25,000 in a 12-
month period to:
(1) A person that has care or custody of the minor and with whom
the minor resides;
(2) a guardian for the minor;
(3) a custodian under the uniform transfers to minors act; or
(4) a financial institution as a deposit in an interest-bearing
account or certificate solely in the name of the minor and shall give
notice to the minor of the deposit.
(b) A person that transfers funds or other property under this
section is not responsible for its proper application.
(c) A person that receives funds or other property for a minor
under subsection (a)(1) or (2) may apply it only to the support, care,
education, health or welfare of the minor, and may not derive a
personal financial benefit from it, except for reimbursement for
necessary expenses. Funds not applied for these purposes must be
preserved for the future support, care, education, health or welfare of
the minor, and the balance, if any, transferred to the minor when the
minor becomes an adult or otherwise is emancipated.
(d) Any accumulated balance under this section shall be subject to
other provisions of this act.
New Sec. 116. The parent of a minor has the right and
responsibility to hold in trust and manage for the minor's benefit all of
the personal and real property vested in such minor when the total of
such property does not exceed $25,000 in value, unless a guardian or
conservator has been appointed for the minor.
New Sec. 117. (a) Any court having either control over or
possession of any amount of money not exceeding $100,000, the right
to which is vested in a minor, shall have the discretion to authorize,
without the appointment of a conservator or the giving of bond, and
notwithstanding the authority of a parent as provided for in section 116,
and amendments thereto, the deposit of the money in a savings account
of a bank, credit union, savings and loan association or any other
investment account that the court may authorize, payable either to a
conservator, if one shall be appointed for the minor, or to the minor
upon attaining 18 years of age.
(b) Any court having either control over or possession of any
amount of money not exceeding $25,000, the right to which is vested in
a minor, shall have the discretion to order the payment of the money to
any person, including the parent of the minor, or the minor. If the
person is the conservator for the minor, the court may waive or
recommend the waiver of the requirement of a bond. If the person is
anyone other than the minor, the court shall order that person to hold in
trust and manage the minor's estate for the minor's benefit.
HOUSE BILL No. 2359—page 72
New Sec. 118. Any court having either control over or possession
of any amount of money not exceeding $25,000, the right to which is
vested in an adult subject to guardianship, shall have the discretion to
authorize, without the appointment of a conservator or the giving of
bond, the deposit of the money in a savings account of a bank, credit
union or savings and loan association, payable to the guardian for the
benefit of the adult subject to guardianship if authorized pursuant to
section 78(e), and amendments thereto, payable to a conservator, if one
shall be appointed for the adult, or payable to the adult subject to
guardianship upon termination of the guardianship.
New Sec. 119. (a) On receiving a petition for a guardianship for an
adult, a court may order a protective arrangement instead of
guardianship as a less restrictive alternative to guardianship.
(b) On receiving a petition for a conservatorship for an individual,
a court may order a protective arrangement instead of conservatorship
as a less restrictive alternative to conservatorship.
(c) A person interested in an adult's welfare, including the adult or
a conservator for the adult, may petition under sections 119 through
130, and amendments thereto, for a protective arrangement instead of
guardianship.
(d) The following persons may petition under sections 119
through 130, and amendments thereto, for a protective arrangement
instead of conservatorship:
(1) The individual for whom the protective arrangement is sought;
(2) a person interested in the property, financial affairs or welfare
of the individual, including a person that would be affected adversely
by lack of effective management of property or financial affairs of the
individual; and
(3) the guardian for the individual.
New Sec. 120. (a) After the hearing on a petition under section 65,
and amendments thereto, for a guardianship or under section 119(b),
and amendments thereto, for a protective arrangement instead of
guardianship, the court may issue an order under subsection (b) for a
protective arrangement instead of guardianship if the court finds by
clear and convincing evidence that:
(1) The respondent lacks the ability to meet essential requirements
for physical health, safety or self-care because the respondent is unable
to receive and evaluate information or make or communicate decisions,
even with appropriate supportive services, technological assistance or
supported decision making; and
(2) the respondent's identified needs cannot be met by a less
restrictive alternative.
(b) If the court makes the findings under subsection (a), the court,
instead of appointing a guardian, may:
(1) Authorize or direct a transaction necessary to meet the
respondent's need for health, safety or care, including:
(A) A particular medical treatment or refusal of a particular
medical treatment;
(B) a move to a specified place of dwelling; or
(C) visitation between the respondent and another person;
(2) order supervised visitation with, or restrict access to the
respondent by, a specified person whose access places the respondent at
serious risk of physical, psychological or financial harm; and
(3) order other arrangements on a limited basis that are
appropriate.
(c) In deciding whether to issue an order under this section, the
court shall consider the factors under sections 76 and 77, and
amendments thereto, which a guardian must consider when making a
decision on behalf of an adult subject to guardianship.
HOUSE BILL No. 2359—page 73
(d) Any order issued under this section may include reporting
requirements, time limits, bond requirements or any other provisions
deemed necessary by the court.
New Sec. 121. (a) After the hearing on a petition under section 84,
and amendments thereto, for conservatorship for an adult or under
section 119(c), and amendments thereto, for a protective arrangement
instead of conservatorship for an adult, the court may issue an order
under subsection (c) for a protective arrangement instead of
conservatorship for the adult if the court finds by clear and convincing
evidence that:
(1) The adult is unable to manage property or financial affairs
because:
(A) Of a limitation in the ability to receive and evaluate
information or make or communicate decisions, even with appropriate
supportive services, technological assistance or supported decision
making; or
(B) the adult is missing, detained, or unable to return to the United
States;
(2) an order under subsection (c) is necessary to:
(A) Avoid harm to the adult or significant dissipation of the
property of the adult; or
(B) obtain or provide funds or other property needed for the
support, care, education, health or welfare of the adult or an individual
entitled to the adult's support; and
(3) the respondent's identified needs cannot be met by a less
restrictive alternative.
(b) After the hearing on a petition under section 84, and
amendments thereto, for conservatorship for a minor or under section
119(c), and amendments thereto, for a protective arrangement instead
of conservatorship for a minor, the court may issue an order under
subsection (c) for a protective arrangement instead of conservatorship
for the respondent if the court finds by a preponderance of the evidence
that the arrangement is in the minor's best interest, and:
(1) If the minor has a parent, the court gives weight to any
recommendation of the parent whether an arrangement is in the minor's
best interest;
(2) either:
(A) The minor owns money or property requiring management or
protection that otherwise cannot be provided;
(B) the minor has or may have financial affairs that may be put at
unreasonable risk or hindered because of the minor's age; or
(C) the arrangement is necessary or desirable to obtain or provide
funds or other property needed for the support, care, education, health
or welfare of the minor; and
(3) the order under subsection (c) is necessary or desirable to
obtain or provide money needed for the support, care, education, health
or welfare of the minor.
(c) If the court makes the findings under subsection (a) or (b), the
court, instead of appointing a conservator, may:
(1) Authorize or direct a transaction necessary to protect the
financial interest or property of the respondent, including:
(A) An action to establish eligibility for benefits;
(B) payment, delivery, deposit or retention of funds or property;
(C) sale, mortgage, lease or other transfer of property;
(D) purchase of an annuity;
(E) entry into a contractual relationship, including a contract to
provide for personal care, supportive services, education, training or
employment;
(F) addition to or establishment of a trust;
HOUSE BILL No. 2359—page 74
(G) ratification or invalidation of a contract, trust, will or other
transaction, including a transaction related to the property or business
affairs of the respondent; or
(H) settlement of a claim; or
(2) restrict access to the respondent's property by a specified
person whose access to the property places the respondent at serious
risk of financial harm.
(d) After the hearing on a petition under section 119(a)(2) or (c),
and amendments thereto, whether or not the court makes the findings
under subsection (a) or (b), the court may issue an order to restrict
access to the respondent or the respondent's property by a specified
person that the court finds by clear and convincing evidence:
(1) Through fraud, coercion, duress or the use of deception and
control caused or attempted to cause an action that would have resulted
in financial harm to the respondent or the respondent's property; and
(2) poses a serious risk of substantial financial harm to the
respondent or the respondent's property.
(e) Before issuing an order under subsection (c) or (d), the court
shall consider the factors under section 99, and amendments thereto, a
conservator must consider when making a decision on behalf of an
individual subject to conservatorship.
(f) Before issuing an order under subsection (c) or (d) for a
respondent who is a minor, the court also shall consider the best interest
of the minor, the preference of the parents of the minor and the
preference of the minor, if the minor is 12 years of age or older.
(g) Any order issued under this section may include reporting
requirements, time limits, bond requirements or any other provisions
deemed necessary by the court.
New Sec. 122. A verified petition for a protective arrangement
instead of guardianship or conservatorship must state the petitioner's
name, principal residence, current street address, if different,
relationship to the respondent, interest in the protective arrangement,
the name and address of any attorney representing the petitioner and, to
the extent known, the following:
(a) The respondent's name, age, principal residence, current street
address if different, and address of the dwelling in which it is proposed
the respondent will reside if the petition is granted;
(b) the name and address of the respondent's:
(1) Spouse or, if the respondent has none, an adult with whom the
respondent has shared household responsibilities for more than six
months in the 12-month period before the filing of the petition; and
(2) adult children, adult stepchildren, adult grandchildren and each
parent and adult sibling of the respondent, or, if none, at least one adult
nearest in kinship to the respondent who can be found with reasonable
diligence; and
(3) adult former stepchildren with whom the respondent had an
ongoing relationship in the two-year period immediately before the
filing of the petition;
(c) the name and current address of each of the following, if
applicable:
(1) A person primarily responsible for the care or custody of the
respondent;
(2) any attorney currently representing the respondent;
(3) the representative payee appointed by the social security
administration for the respondent;
(4) a guardian or conservator acting for the respondent in this state
or another jurisdiction;
(5) a trustee or custodian of a trust or custodianship of which the
respondent is a beneficiary;
HOUSE BILL No. 2359—page 75
(6) the fiduciary appointed for the respondent by the department
of veterans affairs and any curator appointed under K.S.A. 73-507, and
amendments thereto;
(7) an agent designated under a power of attorney for healthcare in
which the respondent is identified as the principal;
(8) an agent designated under a power of attorney for finances in
which the respondent is identified as the principal;
(9) a person nominated as guardian or conservator by the
respondent if the respondent is 12 years of age or older;
(10) a person nominated as guardian by the respondent's parent or
spouse in a will or other signed record;
(11) a person known to have routinely assisted the respondent with
decision making in the six-month period immediately before the filing
of the petition; and
(12) if the respondent is a minor:
(A) An adult not otherwise listed with whom the respondent
resides; and
(B) each person not otherwise listed that had primary care or
custody of the respondent for at least 60 days during the two years
immediately before the filing of the petition or for at least 730 days
during the five years immediately before the filing of the petition;
(d) the nature of the protective arrangement sought;
(e) the reason the protective arrangement sought is necessary,
including a description of:
(1) The nature and extent of the respondent's alleged need;
(2) any less restrictive alternative for meeting the respondent's
alleged need which has been considered or implemented;
(3) if no less restrictive alternative has been considered or
implemented, the reason less restrictive alternatives have not been
considered or implemented; and
(4) the reason other less restrictive alternatives are insufficient to
meet the respondent's alleged need;
(f) the name and current address, if known, of any person with
whom the petitioner seeks to limit the respondent's contact and the
reason why limited contact with the respondent is necessary;
(g) whether the respondent needs an interpreter, translator, or other
form of support to communicate effectively with the court or
understand court proceedings;
(h) if a protective arrangement instead of guardianship is sought
and the respondent has property other than personal effects, a general
statement of the respondent's property with an estimate of its value,
including any insurance or pension, and the source and amount of any
other anticipated income or receipts; and
(i) if a protective arrangement instead of conservatorship is
sought, a general statement of the respondent's property with an
estimate of its value, including any insurance or pension, and the source
and amount of other anticipated income or receipts.
New Sec. 123. (a) On filing of a petition under section 119, and
amendments thereto, the court shall set a date, time and place for a
hearing on the petition.
(b) A copy of a petition under section 119, and amendments
thereto, and notice of a hearing on the petition must be served
personally on the respondent. The notice must inform the respondent of
the respondent's rights at the hearing, including the right to an attorney
and to attend the hearing. The notice must include a description of the
nature, purpose and consequences of granting the petition. The court
may not grant the petition if notice substantially complying with this
subsection is not served on the respondent. The court may order any of
the following persons to serve the notice upon the respondent:
HOUSE BILL No. 2359—page 76
(1) The petitioner or the attorney for the petitioner;
(2) the attorney appointed by the court to represent the respondent;
(3) any law enforcement officer; or
(4) any other person whom the court finds to be a proper person to
serve this notice.
(c) In a proceeding on a petition under section 119, and
amendments thereto, the notice required under subsection (b) must be
given to the persons required to be listed in the petition under section
122(a) through (c), and amendments thereto, and any other person
interested in the respondent's welfare the court determines. Failure to
give notice under this subsection does not preclude the court from
granting the petition.
(d) After the court has ordered a protective arrangement under
sections 119 through 130, and amendments thereto, notice of a hearing
on a petition for any other order filed under this act, together with a
copy of the petition, must be given to the respondent and any other
person the court determines.
New Sec. 124. (a) On filing of a petition under section 119, and
amendments thereto, for a protective arrangement instead of
guardianship, the court may appoint a court liaison. The court liaison
must be an individual with training or experience in the type of
abilities, limitations and needs alleged in the petition.
(b) On filing of a petition under section 119, and amendments
thereto, for a protective arrangement instead of conservatorship for a
minor, the court may appoint a court liaison to investigate a matter
related to the petition or inform the minor or a parent of the minor
about the petition or a related matter.
(c) On filing of a petition under section 119, and amendments
thereto, for a protective arrangement instead of conservatorship for an
adult, the court may appoint a court liaison. The court liaison must be
an individual with training or experience in the types of abilities,
limitations and needs alleged in the petition.
(d) A court liaison appointed under subsection (a) or (c) shall
interview the respondent in person and in a manner the respondent is
best able to understand:
(1) Explain, in general, the petition, and the nature and purpose of
the proceeding including the potential loss of rights as a result of the
proceeding;
(2) obtain the respondent's views with respect to the order sought;
(3) if the petitioner seeks an order related to the dwelling of the
respondent, visit the respondent's present dwelling and any dwelling in
which it is reasonably believed the respondent will live if the order is
granted;
(4) if a protective arrangement instead of guardianship is sought,
obtain information from any physician or other provider known to have
treated, advised or assessed the respondent's relevant physical or mental
condition, to the extent that such information has not already been
provided to the court;
(5) if a protective arrangement instead of conservatorship is
sought, review financial records of the respondent, if relevant to the
court liaison's recommendation under subsection (e)(2); and
(6) investigate the allegations in the petition and any other matter
relating to the petition as directed by the court, including, but not
limited to, the respondent's family relationships, past conduct, the
nature and extent of any property or income of the respondent, whether
the respondent is likely to injure self or others and other matters as the
court may specify.
(e) A court liaison under this section promptly shall file a report
with the court at least 10 days prior to the hearing on the petition or
HOUSE BILL No. 2359—page 77
other hearing as directed by the court. Unless otherwise ordered by the
court, such report must include:
(1) To the extent relevant to the order sought, a summary of self-
care, independent-living tasks and financial-management tasks the
respondent:
(A) Can manage without assistance or with existing supports;
(B) could manage with the assistance of appropriate supportive
services, technological assistance or supported decision making; and
(C) cannot manage;
(2) a recommendation regarding the appropriateness of the
protective arrangement sought and whether a less restrictive alternative
for meeting the respondent's needs is available;
(3) if the petition seeks to change the physical location of the
dwelling of the respondent, a statement whether the proposed dwelling
meets the respondent's needs and whether the respondent has expressed
a preference as to the respondent's dwelling;
(4) a statement whether the respondent is able to attend a hearing
at the location court proceedings typically are held;
(5) a statement whether the respondent is able to participate in a
hearing and which identifies any technology or other form of support
that would enhance the respondent's ability to participate; and
(6) any other matter the court directs.
(f) The costs of an investigation by a court liaison shall be
assessed as provided for in section 42, and amendments thereto.
New Sec. 125. (a) Unless the respondent in a proceeding under
sections 119 through 130, and amendments thereto, is represented by an
attorney, the court shall appoint an attorney to represent the respondent,
regardless of the respondent's ability to pay. The court shall give
preference in the appointment of an attorney to an attorney whom the
respondent has requested or to any attorney who has represented the
respondent in other matters if the court has knowledge of that prior
representation.
(b) An attorney representing the respondent in a proceeding under
sections 119 through 130, and amendments thereto, shall:
(1) Make reasonable efforts to ascertain the respondent's wishes;
(2) advocate for the respondent's wishes to the extent reasonably
ascertainable; and
(3) if the respondent's wishes are not reasonably ascertainable,
advocate for the result that is the least restrictive alternative in type,
duration and scope, consistent with the respondent's interests.
(c) The court may appoint an attorney to represent a parent of a
minor who is the subject of a proceeding under sections 119 through
130, and amendments thereto, if:
(1) The parent objects to the entry of an order for a protective
arrangement instead of guardianship or conservatorship;
(2) the court determines that counsel is needed to ensure that
consent to the entry of an order for a protective arrangement is
informed; or
(3) the court otherwise determines the parent needs representation.
(d) An attorney representing the respondent shall interview the
respondent in person and, in a manner the respondent is best able to
understand:
(1) Explain to the respondent the substance of the petition, the
nature, purpose and effect of the proceeding, and the respondent's rights
at the hearing on the petition;
(2) determine the respondent's views about the order sought by the
petitioner; and
(3) inform the respondent that all costs and expenses of the
proceeding, including respondent's attorney fees, may be paid from the
HOUSE BILL No. 2359—page 78
respondent's assets.
New Sec. 126. (a) Upon the filing of the petition or any other time
at or before the hearing, if the contents of the petition or evidence at the
hearing support a prima facie case of the need for a protective
arrangement, the court shall order an examination and evaluation of the
respondent to be conducted through a general hospital, psychiatric
hospital, community mental health center, or community
developmental disability organization, or by a licensed physician,
psychiatrist, psychologist, physician assistant, nurse practitioner, social
worker or other professional appointed by the court who is qualified to
evaluate the respondent's alleged cognitive and functional abilities and
limitations and will not be advantaged or disadvantaged by a decision
to grant the petition or otherwise have a conflict of interest.
(b) Unless otherwise specified by the court, the report of the
examination and evaluation submitted to the court shall contain:
(1) The respondent's name, age and date of birth;
(2) a description of the respondent's physical and mental
condition;
(3) a description of the nature and extent of the respondent's
cognitive and functional abilities and limitations, including adaptive
behaviors and social skills, and, as appropriate, educational and
developmental potential;
(4) a summary of self-care and independent-living tasks the
respondent can manage without assistance or with existing supports,
could manage with the assistance of appropriate supportive services,
technological assistance or supported decision making, and cannot
manage;
(5) a prognosis for any improvement and, as appropriate, any
recommendation for treatment or rehabilitation;
(6) a list and description of any prior assessments, evaluations or
examinations of the respondent, including the dates thereof, which were
relied upon in the preparation of this evaluation;
(7) the date and location where this examination and evaluation
occurred, and the name or names of the professional or professionals
performing the examination and evaluation and such professional's
qualifications;
(8) a statement by the professional that the professional has
personally completed an independent examination and evaluation of the
respondent, and that the report submitted to the court contains the
results of that examination and evaluation, and the professional's
opinion with regard to the issues of whether or not the respondent is in
need of a guardian and whether there are barriers to the respondent's
attendance and participation at the hearing on the petition; and
(9) the signature of the professional who prepared the report.
(c) The professional shall file with the court, at least five days
prior to the date of the trial, such professional's written report
concerning the examination and evaluation ordered by the court. The
report shall be made available by the court to counsel for all parties.
(d) In lieu of entering an order for an examination and evaluation
as provided for in this section, the court may determine that the report
accompanying the petition is in compliance with the requirements of
this section and that no further examination or evaluation should be
required, unless the respondent, or such person's attorney, requests such
an examination and evaluation in writing. Any such request shall be
filed with the court, and a copy thereof delivered to the petitioner, at
least four days prior to the date of the trial. Accompanying the request
shall be a statement of the reasons why an examination and evaluation
is requested and the name and address of a qualified professional or
facility willing and able to conduct this examination and evaluation. If
HOUSE BILL No. 2359—page 79
the court orders a further examination and evaluation, the court may
continue the trial and fix a new date, time and place of the trial at a time
not to exceed 30 days from the date of the filing of the request.
New Sec. 127. (a) Except as otherwise provided in subsection (b),
a hearing under sections 119 through 130, and amendments thereto,
may not proceed unless the respondent attends the hearing. If it is not
reasonably feasible for the respondent to attend a hearing at the location
where court proceedings typically are held, the court shall make
reasonable efforts to hold the hearing at an alternative location
convenient to the respondent or allow the respondent to attend the
hearing using real-time audio-visual technology.
(b) A hearing under sections 119 through 130, and amendments
thereto, may proceed without the respondent in attendance if the court
finds by clear and convincing evidence that:
(1) The respondent is choosing not to attend the hearing after
having been fully informed of the right to attend and the potential
consequences of failing to do so;
(2) there is no practicable way for the respondent to attend and
participate in the hearing even with appropriate supportive services and
technological assistance; or
(3) the respondent is a minor who has received proper notice and
attendance would be harmful to the minor.
(c) The respondent may be assisted in a hearing under sections
119 through 130, and amendments thereto, by a person or persons of
the respondent's choosing, assistive technology or an interpreter or
translator, or a combination of these supports. If assistance would
facilitate the respondent's participation in the hearing, but is not
otherwise available to the respondent, the court shall make reasonable
efforts to provide it.
(d) The respondent has a right to retain an attorney to represent the
respondent at a hearing under sections 119 through 130, and
amendments thereto.
(e) At a hearing under sections 119 through 130, and amendments
thereto, the respondent may:
(1) Present evidence and subpoena witnesses and documents;
(2) examine witnesses, including any court-appointed evaluator
and the court liaison; and
(3) otherwise participate in the hearing.
(f) A hearing under sections 119 through 130, and amendments
thereto, must be closed on request of the respondent and a showing of
good cause.
(g) Any person may request to participate in a hearing under
sections 119 through 130, and amendments thereto. The court may
grant the request, with or without a hearing, on determining that the
best interest of the respondent will be served. The court may impose
appropriate conditions on the person's participation.
New Sec. 128. The court shall give notice of an order under
sections 119 through 130, and amendments thereto, to the individual
who is subject to the protective arrangement instead of guardianship or
conservatorship, a person whose access to the individual is restricted by
the order and any other person the court determines.
New Sec. 129. (a) The existence of a proceeding for or the
existence of a protective arrangement instead of guardianship or
conservatorship is a matter of public record unless the court seals the
record after:
(1) The respondent, the individual subject to the protective
arrangement, or the parent of a minor subject to the protective
arrangement requests the record be sealed; and
(2) either:
HOUSE BILL No. 2359—page 80
(A) The proceeding is dismissed;
(B) the protective arrangement is no longer in effect; or
(C) an act authorized by the order granting the protective
arrangement has been completed.
(b) (1) An order of protective arrangement is a matter of public
record unless sealed by the court. All other court records of the
proceeding relating to the protective arrangement are not a matter of
public record except as further provided.
(2) The following persons may access court records of the
proceeding and resulting protective arrangement:
(A) A respondent;
(B) an individual subject to a protective arrangement instead of
guardianship or conservatorship;
(C) an attorney designated by the respondent or individual;
(D) a parent of a minor subject to a protective arrangement; and
(E) a licensed attorney, abstractor, or title insurance agent.
(3) A person not otherwise entitled to access to court records
under this subsection for good cause may request permission from the
court for access. The court shall grant access if access is in the best
interest of the respondent or individual subject to the protective
arrangement or furthers the public interest and does not endanger the
welfare or financial interests of the respondent or individual.
(c) A report of a court liaison or professional evaluation generated
in the course of a proceeding under sections 119 through 130, and
amendments thereto, must be sealed on filing but is available to:
(1) The court;
(2) the individual who is the subject of the report or evaluation,
without limitation as to use;
(3) the petitioner, court liaison and petitioner's and respondent's
attorneys, for purposes of the proceeding;
(4) unless the court orders otherwise, an agent appointed under a
power of attorney for finances in which the respondent is the principal;
(5) if the order is for a protective arrangement instead of
guardianship and unless the court orders otherwise, an agent appointed
under a power of attorney for healthcare in which the respondent is
identified as the principal; and
(6) any other person if it is in the public interest or for a purpose
the court orders for good cause.
New Sec. 130. The court may appoint a facilitator to assist in
implementing a protective arrangement under sections 119 through
130, and amendments thereto. The facilitator has the authority
conferred by the order of appointment and serves until discharged by
court order.
New Sec. 131. For purposes of this act, the judicial council shall
develop a statement of rights form, petition forms and report and
accounting forms.
New Sec. 132. In applying and construing this uniform act,
consideration must be given to the need to promote uniformity of the
law with respect to its subject matter among states that enact it.
New Sec. 133. This act modifies, limits or supersedes the
electronic signatures in global and national commerce act, 15 U.S.C. §
7001 et seq., but does not modify, limit or supersede section 101(c) of
that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of
the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).
New Sec. 134. (a) This act applies to:
(1) A proceeding for appointment of a guardian or conservator or
for a protective arrangement instead of guardianship or conservatorship
commenced after January 1, 2026; and
(2) except as provided in subsection (b), a guardianship,
HOUSE BILL No. 2359—page 81
conservatorship or protective arrangement instead of guardianship or
conservatorship in existence on January 1, 2026, unless the court finds
application of a particular provision of this act would substantially
interfere with the effective conduct of the proceeding or prejudice the
rights of a party, in which case the particular provision of this act does
not apply and the superseded law applies.
(b) Sections 79 and 103, and amendments thereto, mandating a
guardian's plan or conservator's plan shall not apply to guardianships or
conservatorships in existence on January 1, 2026, unless the court
orders that a guardian's plan or conservator's plan is required.
New Sec. 135. If any provision of this act or its application to any
person or circumstance is held invalid, the invalidity does not affect
other provisions or applications of this act which can be given effect
without the invalid provision or application, and to this end the
provisions of this act are severable.
Sec. 136. K.S.A. 9-1215 is hereby amended to read as follows: 9-
1215. (a) Subject to the provisions of this section, an individual owner
of an account may enter into a written contract with any bank located in
this state that provides that at the time of the owner's death, the balance
of the owner's legal share of the account shall be paid to one or more
beneficiaries. If a beneficiary has predeceased the owner, that
beneficiary's share shall be divided equally among the remaining
beneficiaries unless the contract provides otherwise.
(b) If any beneficiary is a minor at the time funds become payable
to the beneficiary pursuant to this section, the bank shall pay out in
accordance with K.S.A. 59-3053 section 116, and amendments thereto.
(c) During the owner's lifetime, the owner has the right to both
withdraw funds on deposit in the account in the manner provided in the
contract, in whole or in part, as though no beneficiary has been named,
and to change the designation of beneficiary. No change in the
designation of the beneficiary shall be valid unless executed in the form
and manner prescribed by the bank and delivered to the bank prior to
the death of the owner.
(d) The interest of the beneficiary shall not vest until the death of
the owner. Vesting of the beneficiary's interest is subject to the
following if, prior to the owner's death or payment to the beneficiary,
the bank has received written notice:
(1) From the department for children and families of a claim
pursuant to K.S.A. 39-709, and amendments thereto, the balance of the
owner's share shall be paid to the department for children and families
to the extent of medical assistance expended on the deceased owner,
with the beneficiary then receiving the balance of the owner's share, if
any remains; or
(2) of the owner's surviving spouse's intent to claim an elective
share under K.S.A. 59-6a214, and amendments thereto, the balance of
the owner's share shall be paid to the court having jurisdiction as
provided in K.S.A. 59-6a214, and amendments thereto, to the extent of
the owner's surviving spouse's elective share, with the beneficiary then
receiving the balance of the owner's share, if any remains.
(e) Transfers pursuant to this section shall not be considered
testamentary or be invalidated due to nonconformity with the
provisions of chapter 59 of the Kansas Statutes Annotated, and
amendments thereto.
(f) Payment by the bank of the owner's deposit account pursuant
to the provisions of this section shall release and discharge the bank
from further liability for the payment.
(g) For the purposes of this section:
(1) The balance of the owner's deposit account or the balance of
the owner's legal share of a deposit account shall be construed to not
HOUSE BILL No. 2359—page 82
include any portion of the account which under the law of joint tenancy
is the property of another joint tenant of the account upon the death of
the owner; and
(2) where multiple owners exist, such owners will be presumed to
own equal shares of the deposit account unless the deposit contract
with the bank specifies a different percentage of ownership for the
owners.
Sec. 137. K.S.A. 17-2263 is hereby amended to read as follows:
17-2263. (a) Subject to the provisions of this section and K.S.A. 17-
2264, and amendments thereto, an individual adult or minor, hereafter
referred to as the member, may enter into a written contract with any
credit union located in this state providing that the balance of the
member's account, or the balance of the member's legal share of an
account, at the time of death of the member shall be made payable on
the death of the member to one or more persons or, if the persons
predecease the owner, to another person or persons, hereafter referred
to as the beneficiary or beneficiaries. If any beneficiary is a minor at
the time the account, or any portion of the account, becomes payable to
the beneficiary and the balance, or portion of the balance, exceeds the
amount specified by K.S.A. 59-3053 section 116, and amendments
thereto, the moneys shall be payable only to a conservator of the minor
beneficiary.
(b) Transfers pursuant to this section shall not be considered
testamentary or be invalidated due to nonconformity with the
provisions of chapter 59 of the Kansas Statutes Annotated, and
amendments thereto.
(c) Every contract authorized by this section shall be considered to
contain a right on the part of the member during the member's lifetime
both to withdraw funds on deposit in the account in the manner
provided in the contract, in whole or in part, as though no beneficiary
has been named, and to change the designation of beneficiary. The
interest of the beneficiary shall be considered not to vest until the death
of the member and, if there is a claim pursuant to K.S.A. 39-709, and
amendments thereto, until such claim is satisfied.
(d) No change in the designation of the beneficiary shall be valid
unless executed in the form and manner prescribed by the credit union
and delivered to the credit union prior to the death of the member.
(e) For the purposes of this section, the balance of the member's
account or the balance of the member's legal share of an account shall
not be construed to include any portion of the account that under the
law of joint tenancy is the property of another joint tenant of the
account, upon the death of the owner.
(f) As used in this section, "person" means any individual,
individual or corporate fiduciary or nonprofit religious or charitable
organization as defined by K.S.A. 79-4701, and amendments thereto.
Sec. 138. K.S.A. 17-2264 is hereby amended to read as follows:
17-2264. When the shareholder and the credit union have entered into a
contract authorized in K.S.A. 17-2263, and amendments thereto, the
shareholder's account subject to the contract or any part of or interest
on the account shall be paid by the credit union to the shareholder or
pursuant to the shareholder's order during the shareholder's lifetime. On
the shareholder's death, the deposit account or any part of or interest on
the account shall be paid by the credit union to the secretary for
children and families for a claim pursuant to K.S.A. 39-709, and
amendments thereto, or, if there is no such claim or if any portion of the
account remains after such claim is satisfied, to the designated
beneficiary or beneficiaries. If any designated beneficiary is a minor at
the time the account, or any portion of the account, becomes payable to
the beneficiary and the balance, or portion of the balance, exceeds the
HOUSE BILL No. 2359—page 83
amount specified by K.S.A. 59-3053 section 116, and amendments
thereto, the credit union shall pay the moneys or any interest on them
only to a conservator of the minor beneficiary. The receipt of the
conservator shall release and discharge the credit union for the
payment.
Sec. 139. K.S.A. 21-5417 is hereby amended to read as follows:
21-5417. (a) Mistreatment of a dependent adult or an elder person is
knowingly committing one or more of the following acts:
(1) Infliction of physical injury, unreasonable confinement or
unreasonable punishment upon a dependent adult or an elder person;
(2) taking the personal property or financial resources of a
dependent adult or an elder person for the benefit of the defendant or
another person by taking control, title, use or management of the
personal property or financial resources of a dependent adult or an elder
person through:
(A) Undue influence, coercion, harassment, duress, deception,
false representation, false pretense or without adequate consideration to
such dependent adult or elder person;
(B) a violation of the Kansas power of attorney act, K.S.A. 58-650
et seq., and amendments thereto;
(C) a violation of the Kansas uniform trust code, K.S.A. 58a-101
et seq., and amendments thereto; or
(D) a violation of the act for obtaining a guardian or a conservator,
or both, K.S.A. 59-3050 et seq. Kansas uniform guardianship,
conservatorship and other protective arrangements act, sections 24
through 135, and amendments thereto; or
(3) omission or deprivation of treatment, goods or services that are
necessary to maintain physical or mental health of such dependent adult
or elder person.
(b) Mistreatment of a dependent adult or an elder person as
defined in:
(1) (A) Subsection (a)(1) is a severity level 5, person felony,
except as provided in subsection (b)(1)(B);
(B) subsection (a)(1) is a severity level 2, person felony, when the
victim is a dependent adult who is a resident of an adult care home, as
described in subsection (e)(2)(A), during the commission of the
offense;
(2) subsection (a)(2) if the aggregate amount of the value of the
personal property or financial resources is:
(A) $1,000,000 or more is a severity level 2, person felony;
(B) at least $250,000 but less than $1,000,000 is a severity level 3,
person felony;
(C) at least $100,000 but less than $250,000 is a severity level 4,
person felony;
(D) at least $25,000 but less than $100,000 is a severity level 5,
person felony;
(E) at least $1,500 but less than $25,000 is a severity level 7,
person felony;
(F) less than $1,500 is a class A person misdemeanor, except as
provided in subsection (b)(2)(G); and
(G) less than $1,500 and committed by a person who has, within
five years immediately preceding commission of the crime, been
convicted of a violation of this section two or more times is a severity
level 7, person felony; and
(3) (A) subsection (a)(3) is a severity level 8, person felony,
except as provided in subsection (b)(3)(B); and
(B) subsection (a)(3) is a severity level 5, person felony, when the
victim is a dependent adult who is a resident of an adult care home, as
described in subsection (e)(2)(A), during the commission of the
HOUSE BILL No. 2359—page 84
offense.
(c) It shall be an affirmative defense to any prosecution for
mistreatment of a dependent adult or an elder person as described in
subsection (a)(2) that:
(1) The personal property or financial resources were given as a
gift consistent with a pattern of gift giving to the person that existed
before the dependent adult or elder person became vulnerable;
(2) the personal property or financial resources were given as a
gift consistent with a pattern of gift giving to a class of individuals that
existed before the dependent adult or elder person became vulnerable;
(3) the personal property or financial resources were conferred as
a gift by the dependent adult or elder person to the benefit of a person
or class of persons, and such gift was reasonable under the
circumstances; or
(4) a court approved the transaction before the transaction
occurred.
(d) No dependent adult or elder person is considered to be
mistreated under subsection (a)(1) or (a)(3) for the sole reason that such
dependent adult or elder person relies upon or is being furnished
treatment by spiritual means through prayer in lieu of medical
treatment in accordance with the tenets and practices of a recognized
church or religious denomination of which such dependent adult or
elder person is a member or adherent.
(e) As used in this section:
(1) "Adequate consideration" means the personal property or
financial resources were given to the person as payment for bona fide
goods or services provided by such person and the payment was at a
rate customary for similar goods or services in the community that the
dependent adult or elder person resided in at the time of the transaction.
(2) "Dependent adult" means an individual 18 years of age or
older who is unable to protect the individual's own interest. Such term
shall include, but is not limited to, any:
(A) Resident of an adult care home including, but not limited to,
those facilities defined by K.S.A. 39-923, and amendments thereto;
(B) adult cared for in a private residence;
(C) individual kept, cared for, treated, boarded, confined or
otherwise accommodated in a medical care facility;
(D) individual with intellectual disability or a developmental
disability receiving services through a community facility for people
with intellectual disability or residential facility licensed under K.S.A.
39-2001 et seq., and amendments thereto;
(E) individual with a developmental disability receiving services
provided by a community service provider as provided in the
developmental disability reform act; or
(F) individual kept, cared for, treated, boarded, confined or
otherwise accommodated in a state psychiatric hospital or state
institution for people with intellectual disability.
(3) "Elder person" means a person 60 years of age or older.
(f) An offender who violates the provisions of this section may
also be prosecuted for, convicted of, and punished for any other offense
in article 54, 55, 56 or 58 of chapter 21 of the Kansas Statutes
Annotated, or K.S.A. 21-6418, and amendments thereto.
Sec. 140. K.S.A. 38-2217 is hereby amended to read as follows:
38-2217. (a) Physical or mental care and treatment. (1) When a child
less than 18 years of age is alleged to have been physically, mentally or
emotionally abused or neglected or sexually abused, no consent shall be
required to medically examine the child to determine whether the child
has been abused or neglected. Unless the child is alleged or suspected
to have been abused by the parent or guardian, the investigating officer
HOUSE BILL No. 2359—page 85
shall notify or attempt to notify the parent or guardian of the medical
examination of the child.
(2) When the health or condition of a child who is subject to
jurisdiction of the court requires it, the court may consent to the
performing and furnishing of hospital, medical, surgical or dental
treatment or procedures, including the release and inspection of
medical or dental records. A child, or parent of any child, who is
opposed to certain medical procedures authorized by this subsection
may request an opportunity for a hearing thereon before the court.
Subsequent to the hearing, the court may limit the performance of
matters provided for in this subsection or may authorize the
performance of those matters subject to terms and conditions the court
considers proper.
(3) The custodian or agent of the custodian is the personal
representative for the purpose of consenting to disclosure of otherwise
protected health information and may give consent to the following:
(A) Dental treatment for the child by a licensed dentist;
(B) diagnostic examinations of the child, including but not limited
to the withdrawal of blood or other body fluids, x-rays and other
laboratory examinations;
(C) releases and inspections of the child's medical history records;
(D) immunizations for the child;
(E) administration of lawfully prescribed drugs to the child;
(F) examinations of the child including, but not limited to, the
withdrawal of blood or other body fluids or tissues for the purpose of
determining the child's parentage; and
(G) subject to the limitations in K.S.A. 59-3075(e)(4), (5) and (6)
section 78, and amendments thereto, medical or surgical care
determined by a physician to be necessary for the welfare of such child,
if the parents are not available or refuse to consent.
(4) When the court has adjudicated a child to be in need of care,
the custodian or an agent designated by the custodian is the personal
representative for the purpose of consenting to disclosure of otherwise
protected health information and shall have authority to consent to the
performance and furnishing of hospital, medical, surgical or dental
treatment or procedures or mental care or treatment other than inpatient
treatment at a state psychiatric hospital, including the release and
inspection of medical or hospital records, subject to terms and
conditions the court considers proper and subject to the limitations of
K.S.A. 59-3075 (e)(4), (5) and (6) section 78, and amendments thereto.
(5) Any health care provider who in good faith renders hospital,
medical, surgical, mental or dental care or treatment to any child or
discloses protected health information as authorized by this section
shall not be liable in any civil or criminal action for failure to obtain
consent of a parent.
(6) Nothing in this section shall be construed to mean that any
person shall be relieved of legal responsibility to provide care and
support for a child.
(b) Care and treatment requiring court action. If it is brought to
the court's attention, while the court is exercising jurisdiction over the
person of a child under this code, that the child may be a mentally ill
person as defined in K.S.A. 59-2946, and amendments thereto, or a
person with an alcohol or substance abuse problem as defined in K.S.A.
59-29b46, and amendments thereto, the court may:
(1) Direct or authorize the county or district attorney or the person
supplying the information to file the petition provided for in K.S.A. 59-
2957, and amendments thereto, and proceed to hear and determine the
issues raised by the application as provided in the care and treatment
act for mentally ill persons or the petition provided for in K.S.A. 59-
HOUSE BILL No. 2359—page 86
29b57, and amendments thereto, and proceed to hear and determine the
issues raised by the application as provided in the care and treatment
act for persons with an alcohol or substance abuse problem; or
(2) authorize that the child seek voluntary admission to a
treatment facility as provided in K.S.A. 59-2949, and amendments
thereto, or K.S.A. 59-29b49, and amendments thereto.
The application to determine whether the child is a mentally ill
person or a person with an alcohol or substance abuse problem may be
filed in the same proceedings as the petition alleging the child to be a
child in need of care, or may be brought in separate proceedings. In
either event, the court may enter an order staying any further
proceedings under this code until all proceedings have been concluded
under the care and treatment act for mentally ill persons or the care and
treatment act for persons with an alcohol or substance abuse problem.
Sec. 141. K.S.A. 44-513a is hereby amended to read as follows:
44-513a. Whenever a minor person shall be entitled to compensation
under the provisions of the workers compensation act, the
administrative law judge is authorized to direct such compensation to
be paid in accordance with K.S.A. 59-3050 through 59-3095 the
Kansas uniform guardianship, conservatorship and other protective
arrangements act, sections 24 through 135, and amendments thereto.
Sec. 142. K.S.A. 44-1601 is hereby amended to read as follows:
44-1601. As used in this act:
(a) (1) "Amusement ride" means any mechanical or electrical
device that carries or conveys passengers along, around or over a fixed
or restricted route or course or within a defined area for the purpose of
giving its passengers amusement, pleasure, thrills or excitement,
including, but not be limited to:
(A) Rides commonly known as ferris wheels, carousels, parachute
towers, bungee jumping, reverse bungee jumping, tunnels of love,
roller coasters, boat rides, water slides, inflatable devices, commercial
zip lines, trampoline courts and go-karts;
(B) equipment generally associated with winter activities, such as
ski lifts, ski tows, j-bars, t-bars, chair lifts and aerial tramways; and
(C) equipment not originally designed to be used as an amusement
ride, such as cranes or other lifting devices, when used as part of an
amusement ride.
(2) "Amusement ride" does not include:
(A) Games, concessions and associated structures;
(B) any single passenger coin-operated ride that: (i) Is manually,
mechanically or electrically operated; (ii) is customarily placed in a
public location; and (iii) does not normally require the supervision or
services of an operator;
(C) nonmechanized playground equipment, including, but not
limited to, swings, seesaws, stationary spring-mounted animal features,
rider-propelled merry-go-rounds, climbers, slides and physical fitness
devices;
(D) antique amusement rides;
(E) limited-use amusement rides;
(F) registered agritourism activities;
(G) any ride commonly known as a hayrack ride in which patrons
sit in a wagon or cart that is then pulled by horses or a tractor or other
motor vehicle;
(H) any ride commonly known as a barrel train, which has a series
of handmade cars fashioned from barrels that are connected and pulled
by a tractor or other motor vehicle; or
(I) any amusement ride owned by an individual and operated
solely within a single county for strictly private use.
(b) "Antique amusement ride" means an amusement ride, as
HOUSE BILL No. 2359—page 87
defined in subsection (a)(1), manufactured prior to January 1, 1930.
(c) "Certificate of inspection" means a certificate, signed and
dated by a qualified inspector, showing that an amusement ride has
satisfactorily passed inspection by such inspector.
(d) "Class A amusement ride" means an amusement ride designed
for use primarily by individuals aged 12 or less.
(e) "Class B amusement ride" means an amusement ride that is not
classified as a class A amusement ride.
(f) "Department" means the department of labor.
(g) "Limited-use amusement ride" means an amusement ride, as
defined in subsection (a)(1), owned and operated by a nonprofit,
community-based organization that is operated for less than 20 days, or
160 hours, in a year and is operated at only one location each year.
(h) "Nondestructive testing" means the development and
application of technical methods in accordance with ASTM F747
standards such as radiographic, magnetic particle, ultrasonic, liquid
penetrant, electromagnetic, neutron radiographic, acoustic emission,
visual and leak testing to:
(1) Examine materials or components in ways that do not impair
the future usefulness and serviceability in order to detect, locate,
measure and evaluate discontinuities, defects and other imperfections;
(2) assess integrity, properties and composition; and
(3) measure geometrical characters.
(i) "Operator" means a person actually supervising, or engaged in
or directly controlling the operations of an amusement ride.
(j) "Owner" means a person who owns, leases, controls or
manages the operations of an amusement ride and may include the state
or any political subdivision of the state.
(k) "Parent or guardian" means any parent, guardian or custodian
responsible for the control, safety, training or education of a minor or
an adult or minor with an impairment in need of a guardian or a
conservator, or both, as those terms are defined by K.S.A. 59-3051
section 25, and amendments thereto.
(l) (1) "Patron" means any individual who is:
(A) Waiting in the immediate vicinity of an amusement ride to get
on the ride;
(B) getting on an amusement ride;
(C) using an amusement ride;
(D) getting off an amusement ride; or
(E) leaving an amusement ride and still in the immediate vicinity
of the ride.
(2) "Patron" does not include employees, agents or servants of the
owner while engaged in the duties of their employment.
(m) "Person" means any individual, association, partnership,
corporation, limited liability company, government or other entity.
(n) "Qualified inspector" means a person who:
(1) Is a licensed professional engineer, as defined in K.S.A. 74-
7003, and amendments thereto, and has completed at least two years of
experience in the amusement ride field, consisting of at least one year
of actual inspection of amusement rides under a qualified inspector for
a manufacturer, governmental agency, amusement park, carnival or
insurance underwriter, and an additional year of practicing any
combination of amusement ride inspection, design, fabrication,
installation, maintenance, testing, repair or operation;
(2) provides satisfactory evidence of completing a minimum of
five years of experience in the amusement ride field, at least two years
of which consisted of actual inspection of amusement rides under a
qualified inspector for a manufacturer, governmental agency,
amusement park, carnival or insurance underwriter, and the remaining
HOUSE BILL No. 2359—page 88
experience consisting of any combination of amusement ride
inspection, design, fabrication, installation, maintenance, testing, repair
or operation;
(3) has received qualified training from a third party, such as
attainment of level I certification from the national association of
amusement ride safety officials (NAARSO), attainment of level I
certification from the amusement industry manufacturers and suppliers
international (AIMS), attainment of a qualified inspector certification
from the association for challenge course technology (ACCT), when
applicable, or other similar qualification from another nationally
recognized organization; or
(4) for purposes of inspecting inflatable devices that are rented on
a regular basis and erected at temporary locations, provides satisfactory
evidence of completing a minimum of five years of experience working
with inflatable devices and has received qualified training from a third
party, such as attainment of an advanced inflatable safety operations
certification from the safe inflatable operators training organization or
other nationally recognized organization.
(o) "Registered agritourism activity" means an amusement ride, as
defined in subsection (a)(1), that is a registered agritourism activity, as
defined in K.S.A. 32-1432, and amendments thereto.
(p) "Secretary" means the secretary of labor.
(q) "Serious injury" means an injury that results in:
(1) Death, dismemberment, significant disfigurement or
permanent loss of the use of a body organ, member, function or system;
(2) a compound fracture; or
(3) other injury or illness that requires immediate admission and
overnight hospitalization, and observation by a licensed physician.
(r) "Sign" means any symbol or language reasonably calculated to
communicate information to patrons or their parents or guardians,
including placards, prerecorded messages, live public address, stickers,
pictures, pictograms, guide books, brochures, videos, verbal
information and visual signals.
(s) "Water slide" means a slide that is at least 35 feet in height and
that uses water to propel the patron through the ride.
Sec. 143. K.S.A. 2024 Supp. 58a-103 is hereby amended to read
as follows: 58a-103. As used in this code:
(1) "Action," with respect to an act of a trustee, includes a failure
to act.
(2) "Beneficiary" means a person that:
(A) Has a present or future beneficial interest in a trust, vested or
contingent; or
(B) in a capacity other than that of trustee, holds a power of
appointment over trust property.
(3) "Charitable trust" means a trust, or portion of a trust, created
for a charitable purpose described in K.S.A. 58a-405(a), and
amendments thereto.
(4) "Conservator" means a person appointed by the court pursuant
to K.S.A. 59-3001 et seq. section 25, and amendments thereto, to
administer the estate of a minor or adult individual.
(5) "Environmental law" means a federal, state, or local law, rule,
regulation, or ordinance relating to protection of the environment.
(6) "Guardian" means a person appointed by the court pursuant to
K.S.A. 59-3001 et seq. section 25 , and amendments thereto, to make
decisions regarding the support, care, education, health, and welfare of
a minor or adult individual. The term does not include a guardian ad
litem.
(7) "Interests of the beneficiaries" means the beneficial interests
provided in the terms of the trust.
HOUSE BILL No. 2359—page 89
(8) "Jurisdiction," with respect to a geographic area, includes a
state or country.
(9) "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association, joint
venture, government; governmental subdivision, agency, or
instrumentality; public corporation, or any other legal or commercial
entity.
(10) "Power of withdrawal" means a presently exercisable general
power of appointment other than a power:
(A) Exercisable by a trustee and limited by an ascertainable
standard relating to an individuals health, education, support or
maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1)
of the internal revenue code of 1986, as in effect on July 1, 2022; or
(B) exercisable by another person only upon consent of the trustee
or a person holding an adverse interest.
(11) "Property" means anything that may be the subject of
ownership, whether real or personal, legal or equitable, or any interest
therein.
(12) (A) "Qualified beneficiary" means a beneficiary who, as of
the date in question, either is eligible to receive mandatory or
discretionary distributions of trust income or principal, or would be so
eligible if the trust terminated on that date.
(B) For the purpose of trustee determining "qualified
beneficiaries" of a trust in which a beneficial interest is subject to a
power of appointment of any nature, the trustee may conclusively
presume such power of appointment has not been exercised unless the
trustee has been furnished by the powerholder or the legal
representative of the powerholder or the powerholder's estate with the
original or a copy of an instrument validly exercising such power of
appointment, in which event the qualified beneficiaries shall be
subsequently determined by giving due consideration to such exercise
unless and until the trustee has been given notification in a similar
manner of an instrument which validly revokes or modifies such
exercise.
(13) "Revocable," as applied to a trust, means revocable by the
settlor without the consent of the trustee or a person holding an adverse
interest.
(14) "Settlor" means a person, including a testator, who creates, or
contributes property to, a trust. If more than one person creates or
contributes property to a trust, each person is a settlor of the portion of
the trust property attributable to that person's contribution except to the
extent another person has the power to revoke or withdraw that portion.
(15) "Spendthrift provision" means a term of a trust which
restrains either voluntary or involuntary transfer of a beneficiary's
interest.
(16) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the United
States. The term includes an Indian tribe or band recognized by federal
law or formally acknowledged by a state.
(17) "Terms of a trust" means:
(A) Except as otherwise provided in subparagraph (B), the
manifestation of the settlor's intent regarding a trust's provisions as:
(i) Expressed in the trust instrument; or
(ii) established by other evidence that would be admissible in a
judicial proceeding; or
(B) the trust's provisions as established, determined, or amended
by:
(i) A trustee or person holding a power to direct under K.S.A. 58a-
HOUSE BILL No. 2359—page 90
808, and amendments thereto, in accordance with applicable law;
(ii) court order; or
(iii) a nonjudicial settlement agreement under K.S.A. 58a-111, and
amendments thereto.
(18) "Trust instrument" means an instrument executed by the
settlor that contains terms of the trust, including any amendments
thereto.
(19) "Trustee" includes an original, additional, and successor
trustee, and a cotrustee.
Sec. 144. K.S.A. 2024 Supp. 58-656 is hereby amended to read as
follows: 58-656. (a) An attorney in fact who elects to act under a power
of attorney is under a duty to act in the interest of the principal and to
avoid conflicts of interest that impair the ability of the attorney in fact
so to act. A person who is appointed an attorney in fact under a power
of attorney who undertakes to exercise the authority conferred in the
power of attorney, has a fiduciary obligation to exercise the powers
conferred in the best interests of the principal, and to avoid self-dealing
and conflicts of interest, as in the case of a trustee with respect to the
trustee's beneficiary or beneficiaries. The attorney in fact shall keep a
record of receipts, disbursements and transactions made on behalf of
the principal and shall not comingle funds or assets of the principal
with the funds or assets of the attorney in fact. In the absence of explicit
authorization, the attorney in fact shall exercise a high degree of care in
maintaining, without modification, any estate plan which the principal
may have in place, including, but not limited to, arrangements made by
the principal for disposition of assets at death through beneficiary
designations, ownership by joint tenancy or tenancy by the entirety,
trust arrangements or by will or codicil. Unless otherwise provided in
the power of attorney or in a separate agreement between the principal
and attorney in fact, an attorney in fact who elects to act shall exercise
the authority granted in a power of attorney with that degree of care
that would be observed by a prudent person dealing with the property
and conducting the affairs of another, except that all investments made
on or after July 1, 2003, shall be in accordance with the provisions of
the Kansas uniform prudent investor act, K.S.A. 58-24a01 et seq., and
amendments thereto. If the attorney in fact has special skills or was
appointed attorney in fact on the basis of representations of special
skills or expertise, the attorney in fact has a duty to use those skills in
the principal's behalf.
(b) On matters undertaken or to be undertaken in the principal's
behalf and to the extent reasonably possible under the circumstances,
an attorney in fact has a duty to keep in regular contact with the
principal, to communicate with the principal and to obtain and follow
the instructions of the principal.
(c) If, following execution of a durable power of attorney, a court
of the principal's domicile appoints a conservator, guardian of the estate
or other fiduciary charged with the management of all of the principal's
property or all of the principal's property except specified exclusions,
the attorney in fact is accountable to the fiduciary as well as to the
principal. The fiduciary has the same power to revoke or amend the
durable power of attorney that the principal would have had if the
principal were not an adult with an impairment in need of a guardian or
conservator or both as defined by subsection (a) of K.S.A. 59-3051
section 25, and amendments thereto.
(d) A principal may nominate by a power of attorney, a guardian
or conservator, or both, for consideration by the court. If a petition to
appoint a guardian or conservator, or both, is filed, the court shall make
the appointment in accordance with the principal's most recent
nomination in the power of attorney, so long as the individual
HOUSE BILL No. 2359—page 91
nominated is a fit and proper person.
(e) An attorney in fact shall exercise authority granted by the
principal in accordance with the instrument setting forth the power of
attorney, any modification made therein by the principal or the
principal's legal representative or a court, and the oral and written
instructions of the principal, or the written instructions of the principal's
legal representative or a court.
(f) An attorney in fact may be instructed in a power of attorney
that the authority granted shall not be exercised until, or shall terminate
on, the happening of a future event, condition or contingency, as
determined in a manner prescribed in the instrument.
(g) On the death of the principal, the attorney in fact shall follow
the instructions of the court, if any, having jurisdiction over the estate
of the principal, or any part thereof, and shall communicate with and be
accountable to the principal's personal representative, or if none, the
principal's successors. The attorney in fact shall promptly deliver to and
put in the possession and control of the principal's personal
representative or successors, any property of the principal and copies of
any records of the attorney in fact relating to transactions undertaken in
the principal's behalf that are deemed by the personal representative or
the court to be necessary or helpful in the administration of the
decedent's estate.
(h) If an attorney in fact has a property or contract interest in the
subject of the power of attorney or the authority of the attorney in fact
is otherwise coupled with an interest in a person other than the
principal, this section does not impose any duties on the attorney in fact
that would conflict or be inconsistent with that interest.
Sec. 145. K.S.A. 58-662 is hereby amended to read as follows: 58-
662. (a) The principal may petition the court for an accounting by the
principal's attorney in fact or the legal representative of the attorney in
fact. If the principal is disabled or deceased, a petition for accounting
may be filed by the principal's legal representative, an adult member of
the principal's family or any person interested in the welfare of the
principal.
(b) Any requirement for an accounting may be waived or an
accounting may be approved by the court without hearing, if the
accounting is waived or approved by a principal who is not disabled, or
by a principal whose legal capacity has been restored, or by all
creditors and distributees of a deceased principal's estate whose claims
or distributions theretofore have not been satisfied in full. The approval
or waiver shall be in writing, signed by the affected persons and filed
with the court.
(c) For the purposes of subsection (b), a legal representative or a
person providing services to the principal's estate shall not be
considered a creditor of the principal's estate. No express approval or
waiver shall be required from the legal representative of a disabled
principal if the principal's legal capacity has been restored, or from the
personal representative of a deceased principal's estate, or from any
other person entitled to compensation or expense for services rendered
to a disabled or deceased principal's estate, unless the principal or the
principal's estate is unable to pay in full the compensation and expense
to which the person rendering the services may be entitled.
(d) The principal, the principal's attorney in fact, an adult member
of the principal's family or any person interested in the welfare of the
principal may petition the district court in the county where the
principal is then residing to determine and declare whether a principal,
who has executed a power of attorney, is a disabled person.
(e) If the principal is a disabled person, on petition of the
principal's legal representative, an adult member of the principal's
HOUSE BILL No. 2359—page 92
family or any interested person, including a person interested in the
welfare of the principal, for good cause shown, the court may:
(1) Order the attorney in fact to exercise or refrain from exercising
authority in a durable power of attorney in a particular manner or for a
particular purpose;
(2) modify the authority of an attorney in fact under a durable
power of attorney;
(3) declare suspended a power of attorney that is nondurable;
(4) terminate a durable power of attorney;
(5) remove the attorney in fact under a durable power of attorney;
(6) confirm the authority of an attorney in fact or a successor
attorney in fact to act under a durable power of attorney; and
(7) issue such other orders as the court finds will be in the best
interest of the disabled principal, including appointment of a
conservator for the principal pursuant to K.S.A. 59-3050, et seq. the
Kansas uniform guardianship, conservatorship and other protective
arrangements act, sections 24 through 135, and amendments thereto.
(f) In addition to any other remedies available under law, if after
notice and hearing, the court determines that there has been a showing
that the principal is a disabled person and that the attorney in fact has
breached such attorney in fact's fiduciary duty to the principal or that
there is a reasonable likelihood that such attorney in fact may do so in
the immediate future, the court, in its discretion, may issue an order that
some or all of the authority granted by the durable power of attorney be
suspended or modified, and that a different attorney in fact be
authorized to exercise some or all of the powers granted by the durable
power of attorney. Such attorney in fact may be designated by the
court. The court may require any person petitioning for any such order
to file a bond in such amount and with such sureties as required by the
court to indemnify either the attorney in fact who has been acting on
behalf of the principal or the principal and the principal's successors in
interest for the expenses, including attorney fees, incurred by any such
persons with respect to such proceeding. The court, after hearing, may
allow payment or enter judgment. None of the actions described in this
subsection shall be taken by the court until after hearing upon
reasonable notice to all persons identified in a verified statement
supplied by the petitioner who is requesting such action identifying the
immediate relatives of the principal and any other persons known to the
petitioner to be interested in the welfare of the principal. Except that in
the event of an emergency as determined by the court, the court,
without notice, may enter such temporary order as seems proper to the
court, but no such temporary order shall be effective for more than 30
days unless extended by the court after hearing on reasonable notice to
the persons identified as herein provided in this subsection.
(g) If a power of attorney is suspended or terminated by the court
or the attorney in fact is removed by the court, the court may require an
accounting from the attorney in fact and order delivery of any property
belonging to the principal and copies of any necessary records of the
attorney in fact concerning the principal's property and affairs to a
successor attorney in fact or the principal's legal representative.
(h) In a proceeding under this act or in any other proceeding, or
upon petition of an attorney in fact or successor, the court may:
(1) Require or permit an attorney in fact under a power of attorney
to account;
(2) authorize the attorney in fact under a power of attorney to
enter into any transaction, or approve, ratify, confirm and validate any
transaction entered into by the attorney in fact that the court finds is,
was or will be beneficial to the principal and which the court has power
to authorize for a conservator pursuant to K.S.A. 59-3050 et seq. the
HOUSE BILL No. 2359—page 93
Kansas uniform guardianship, conservatorship and other protective
arrangements act, sections 24 through 135 , and amendments thereto;
and
(3) relieve the attorney in fact of any obligation to exercise
authority for a disabled principal under a durable power of attorney.
(i) Unless previously barred by adjudication, consent or limitation,
any cause of action against an attorney in fact or successor for breach
of duty to the principal shall be barred as to any principal who has
received an account or other statement fully disclosing the matter
unless a proceeding to assert the cause of action is commenced within
two years after receipt of the account or statement by the principal or, if
the principal is a disabled person, by a guardian or conservator of the
disabled person's estate. If a disabled person has no guardian or
conservator of the disabled person's estate at the time an account or
statement is presented, then the cause of action shall not be barred until
one year after the removal of the principal's disability or incapacity, one
year after the appointment of a conservator for the principal or one year
after the death of the principal. The cause of action thus barred does not
include any action to recover from an attorney in fact or successor for
fraud, misrepresentation or concealment related to the settlement of any
transaction involving the agency relationship of the attorney in fact
with the principal.
Sec. 146. K.S.A. 58-24a15 is hereby amended to read as follows:
58-24a15. Conservators shall not invest funds under their control and
management in investments other than those specifically permitted by
K.S.A. 59-3078 sections 99 and 100 , and amendments thereto, except
upon the entry of an order of a court of competent jurisdiction, after a
hearing on a verified petition. Before authorizing any such investment,
the court shall require evidence of value and advisability of such
purchase.
Sec. 147. K.S.A. 2024 Supp. 58-4802 is hereby amended to read
as follows: 58-4802. In this act:
(a) "Account" means an arrangement under a terms-of-service
agreement in which a custodian carries, maintains, processes, receives
or stores a digital asset of the user or provides goods or services to the
user.
(b) "Agent" means an attorney-in-fact granted authority under a
durable or nondurable power of attorney.
(c) "Carries" means engages in the transmission of an electronic
communication.
(d) "Catalogue of electronic communications" means information
that identifies each person with which a user has had an electronic
communication, the time and date of the communication and the
electronic address of the person.
(e) "Conservatee" means an individual for whom a conservator
has been appointed.
(f) "Conservator" means a person appointed by a court pursuant to
K.S.A. 59-3050 et seq. the Kansas uniform guardianship,
conservatorship and other protective arrangements act, sections 24
through 135, and amendments thereto, to manage the estate of a minor
or adult individual. The term includes a temporary conservator.
(g) "Content of an electronic communication" means information
concerning the substance or meaning of the communication which:
(1) Has been sent or received by a user;
(2) is in electronic storage by a custodian providing an electronic
communication service to the public or is carried or maintained by a
custodian providing a remote computing service to the public; and
(3) is not readily accessible to the public.
(h) "Court" means the district court.
HOUSE BILL No. 2359—page 94
(i) "Custodian" means a person that carries, maintains, processes,
receives or stores a digital asset of a user.
(j) "Designated recipient" means a person chosen by a user using
an online tool to administer digital assets of the user.
(k) "Digital asset" means an electronic record in which an
individual has a right or interest. The term does not include an
underlying asset or liability unless the asset or liability is itself an
electronic record.
(l) "Electronic" means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic or similar
capabilities.
(m) "Electronic communication" has the meaning set forth in 18
U.S.C. § 2510(12).
(n) "Electronic communication service" means a custodian that
provides to a user the ability to send or receive an electronic
communication.
(o) "Fiduciary" means an original, additional or successor personal
representative, guardian, conservator, agent or trustee.
(p) "Guardian" means a person appointed by the court pursuant to
K.S.A. 59-3050 et seq. the Kansas uniform guardianship,
conservatorship and other protective arrangements act, sections 24
through 135, and amendments thereto, to make decisions regarding the
support, care, education, health and welfare of a minor or adult
individual. The term includes a temporary guardian but does not
include a guardian ad litem.
(q) "Information" means data, text, images, videos, sounds, codes,
computer programs, software, databases or the like.
(r) "Online tool" means an electronic service provided by a
custodian that allows the user, in an agreement distinct from the terms-
of-service agreement between the custodian and user, to provide
directions for disclosure or nondisclosure of digital assets to a third
person.
(s) "Person" means an individual, estate, business or nonprofit
entity, public corporation, government or governmental subdivision,
agency or instrumentality, or other legal entity.
(t) "Personal representative" means an executor, administrator,
special administrator or person that performs substantially the same
function under law of this state other than this act.
(u) "Power of attorney" means a record that grants an agent
authority to act on behalf of a principal.
(v) "Principal" means an individual who grants authority to an
agent in a power of attorney.
(w) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(x) "Remote computing service" means a custodian that provides
to a user computer-processing services or the storage of digital assets
by means of an electronic communications system, as defined in 18
U.S.C. § 2510(14).
(y) "Terms of service agreement" means an agreement that
controls the relationship between a user and a custodian.
(z) "Trustee" means a fiduciary with legal title to property under
an agreement or declaration that creates a beneficial interest in another.
The term includes a successor trustee.
(aa) "User" means a person that has an account with a custodian.
(bb) "Ward" means an individual for whom a guardian has been
appointed.
(cc) "Will" includes a codicil, a testamentary instrument that only
appoints an executor and an instrument that revokes or revises a
HOUSE BILL No. 2359—page 95
testamentary instrument.
Sec. 148. K.S.A. 2024 Supp. 58-4814 is hereby amended to read
as follows: 58-4814. (a) After an opportunity for a hearing under
K.S.A. 59- 3050 et seq. the Kansas uniform guardianship,
conservatorship and other protective arrangements act, sections 24
through 135, and amendments thereto, the court may grant a guardian
or conservator access to the digital assets of a ward or conservatee.
(b) Unless otherwise ordered by the court or directed by the user, a
custodian shall disclose to a guardian or conservator the catalogue of
electronic communications sent or received by a ward or conservatee
and any digital assets, other than the content of electronic
communications, in which the ward or conservatee has a right or
interest if the guardian or conservator gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) a certified copy of the court order that gives the guardian or
conservator authority over the digital assets of the ward or conservatee;
and
(3) if requested by the custodian:
(A) A number, username, address or other unique subscriber or
account identifier assigned by the custodian to identify the account of
the ward or conservatee; or
(B) evidence linking the account to the ward or conservatee.
(c) A guardian or conservator with general authority to manage the
assets of a ward or conservatee may request a custodian of the digital
assets of the ward or conservatee to suspend or terminate an account of
the ward or conservatee for good cause. A request made under this
section must be accompanied by a certified copy of the court order
giving the guardian or conservator authority over the ward or
conservatee's property.
Sec. 149. K.S.A. 59-1701 is hereby amended to read as follows:
59-1701. (a) No bank, savings and loan association or other corporation
shall be appointed or authorized directly or indirectly to act as a
fiduciary in this state except:
(1) A bank, savings and loan association or other corporation
organized under the laws of, and having its principal place of business
in, this state;
(2) a national bank, federal savings bank or federal savings and
loan association located in this state;
(3) a bank, savings and loan association or other corporation
organized under the laws of, and having its principal place of business
in, another state which permits a bank, savings and loan association or
other corporation which is similarly organized in this state to act in a
like fiduciary capacity in the other state under similar conditions;
(4) a national bank, federal savings bank or federal savings and
loan association located in another state which permits a national bank,
federal savings bank or federal savings and loan association located in
this state to act in a like fiduciary capacity in the other state under
similar conditions;
(5) a nonprofit corporation certified in accordance with K.S.A. 59-
3070 section 35 , and amendments thereto, to the extent provided by
that statute; or
(6) as provided in K.S.A. 59-1707 and 59-1708, and amendments
thereto.
(b) No officer, employee or agent of a bank, savings and loan
association or corporation which is not authorized to act as a fiduciary
in this state shall be permitted to act as a fiduciary, whether such
officer, employee or agent is a resident or a nonresident of this state,
when in fact such officer, employee or agent is acting as a fiduciary on
behalf of such bank, savings and loan association or corporation.
HOUSE BILL No. 2359—page 96
(c) No bank, savings and loan association or other corporation,
other than a nonprofit corporation certified in accordance with K.S.A.
59-3070 section 35, and amendments thereto, shall be appointed
guardian of the person of a ward.
Sec. 150. K.S.A. 2024 Supp. 59-2401a is hereby amended to read
as follows: 59-2401a. (a) An appeal by an interested party from a
district magistrate judge who is not regularly admitted to practice law
in Kansas to a district judge may be taken no later than 14 days from
any final order, judgment or decree entered in any proceeding pursuant
to:
(1) The Kansas adoption and relinquishment act, K.S.A. 59-2111
et seq., and amendments thereto;
(2) the care and treatment act for mentally ill persons, K.S.A. 59-
2945 et seq., and amendments thereto;
(3) the care and treatment act for persons with an alcohol or
substance abuse problem, K.S.A. 59-29b45 et seq., and amendments
thereto; or
(4) the act for obtaining a guardian or conservator, or both, K.S.A.
59-3050 et seq. Kansas uniform guardianship, conservatorship and
other protective arrangements act, sections 24 through 135, and
amendments thereto.
The appeal shall be heard no later than 30 days from the date the
notice of appeal is filed. If no record was made of the proceedings, the
trial shall be de novo. Except as provided further, if a record was made
of the proceedings, the district judge shall conduct the appeal on the
record. Upon motion of any party to the proceedings, the district judge
may hold a trial de novo.
(b) An appeal by an interested party from a district judge, or a
district magistrate judge who is regularly admitted to practice law in
Kansas, to an appellate court shall be taken pursuant to article 21 of
chapter 60 of the Kansas Statutes Annotated, and amendments thereto,
from any final order, judgment or decree entered in any proceeding
pursuant to:
(1) The Kansas adoption and relinquishment act, K.S.A. 59-2111
et seq., and amendments thereto;
(2) the care and treatment act for mentally ill persons, K.S.A. 59-
2945 et seq., and amendments thereto;
(3) the Kansas sexually violent predator act, K.S.A. 59-29a01 et
seq., and amendments thereto;
(4) the care and treatment act for persons with an alcohol or
substance abuse problem, K.S.A. 59-29b45 et seq., and amendments
thereto; or
(5) the act for obtaining a guardian or conservator, or both, K.S.A.
59-3050 et seq. Kansas uniform guardianship, conservatorship and
other protective arrangements act, sections 24 through 135, and
amendments thereto.
Except for appeals under the Kansas judicial review act and cases
otherwise specifically provided for by law, appeals under this section
shall have priority over all others.
(c) Pending the determination of an appeal pursuant to subsection
(a) or (b), any order appealed from shall continue in force unless
modified by temporary orders entered by the court hearing the appeal.
The supersedeas bond provided for in K.S.A. 60-2103, and
amendments thereto, shall not stay proceedings under an appeal from
the district court to an appellate court.
(d) In an appeal taken pursuant to subsection (a) or (b), the court
from which the appeal is taken may require an appropriate party, other
than the state of Kansas, any subdivision thereof, and all cities and
counties in this state, to file a bond in such sum and with such sureties
HOUSE BILL No. 2359—page 97
as may be fixed and approved by the court to ensure that the appeal will
be prosecuted without unnecessary delay and to ensure the payment of
all judgments and any sums, damages and costs that may be adjudged
against that party.
(e) As used in this section, "interested party" means:
(1) The parent in a proceeding pursuant to the Kansas adoption
and relinquishment act, K.S.A. 59-2111 et seq., and amendments
thereto;
(2) the patient under the care and treatment act for mentally ill
persons, K.S.A. 59-2945 et seq., and amendments thereto;
(3) the patient under the care and treatment act for persons with an
alcohol or substance abuse problem, K.S.A. 59-29b45 et seq., and
amendments thereto;
(4) the person adjudicated a sexually violent predator under the
Kansas sexually violent predator act, K.S.A. 59-29a01 et seq., and
amendments thereto;
(5) the ward or conservatee under the act for obtaining a guardian
or conservator, or both, K.S.A. 59-3050 et seq. Kansas uniform
guardianship, conservatorship and other protective arrangements act,
sections 24 through 135, and amendments thereto;
(6) the parent of a minor person adjudicated a ward or conservatee
under the act for obtaining a guardian or conservator, or both, K.S.A.
59-3050 et seq. Kansas uniform guardianship, conservatorship and
other protective arrangements act, sections 24 through 135, and
amendments thereto;
(7) the petitioner in the case on appeal; and
(8) any other person granted interested party status by the court
from which the appeal is being taken.
(f) This section shall be part of and supplemental to the Kansas
probate code.
Sec. 151. K.S.A. 2024 Supp. 59-29b46 is hereby amended to read
as follows: 59-29b46. When used in the care and treatment act for
persons with an alcohol or substance abuse problem:
(a) "Discharge" means the final and complete release from
treatment, by either the head of a treatment facility acting pursuant to
K.S.A. 59-29b50, and amendments thereto, or by an order of a court
issued pursuant to K.S.A. 59-29b73, and amendments thereto.
(b) "Head of a treatment facility" means the administrative
director of a treatment facility or such person's designee.
(c) "Law enforcement officer" means the same as defined in
K.S.A. 22-2202, and amendments thereto.
(d) "Licensed addiction counselor" means a person who engages
in the practice of addiction counseling limited to substance use
disorders and who is licensed by the behavioral sciences regulatory
board. Such person shall engage in the practice of addiction counseling
in a state-licensed or certified alcohol and other drug treatment program
or while completing a Kansas domestic violence offender assessment
for participants in a certified batterer intervention program pursuant to
K.S.A. 75-7d01 through 75-7d13, and amendments thereto, unless
otherwise exempt from licensure under subsection (n).
(e) "Licensed clinical addiction counselor" means a person who
engages in the independent practice of addiction counseling and
diagnosis and treatment of substance use disorders specified in the
edition of the American psychiatric association's diagnostic and
statistical manual of mental disorders (DSM) designated by the board
by rules and regulations and is licensed by the behavioral sciences
regulatory board.
(f) "Licensed master's addiction counselor" means a person who
engages in the practice of addiction counseling limited to substance use
HOUSE BILL No. 2359—page 98
disorders and who is licensed under this act. Such person may diagnose
substance use disorders only under the direction of a licensed clinical
addiction counselor, a licensed psychologist, a person licensed to
practice medicine and surgery or a person licensed to provide mental
health services as an independent practitioner and whose licensure
allows for the diagnosis and treatment of substance abuse disorders or
mental disorders.
(g) "Other facility for care or treatment" means any mental health
clinic, medical care facility, nursing home, the detox units at either
Osawatomie state hospital or Larned state hospital, any physician or
any other institution or individual authorized or licensed by law to give
care or treatment to any person.
(h) "Patient" means a person who is a voluntary patient, a
proposed patient or an involuntary patient.
(1) "V oluntary patient" means a person who is receiving treatment
at a treatment facility pursuant to K.S.A. 59-29b49, and amendments
thereto.
(2) "Proposed patient" means a person for whom a petition
pursuant to K.S.A. 59-29b52 or 59-29b57, and amendments thereto,
has been filed.
(3) "Involuntary patient" means a person who is receiving
treatment under order of a court or a person admitted and detained by a
treatment facility pursuant to an application filed pursuant to K.S.A.
59-29b54(b) or (c), and amendments thereto.
(i) "Person with an alcohol or substance abuse problem" means a
person who: (1) Lacks self-control as to the use of alcoholic beverages
or any substance as defined in subsection (m); or
(2) uses alcoholic beverages or any substance to the extent that the
person's health may be substantially impaired or endangered without
treatment.
(j) (1) "Person with an alcohol or substance abuse problem subject
to involuntary commitment for care and treatment" means a person
with an alcohol or substance abuse problem who also is incapacitated
by alcohol or any substance and is likely to cause harm to self or others.
(2) "Incapacitated by alcohol or any substance" means that the
person, as the result of the use of alcohol or any substance, has
impaired judgment resulting in the person:
(A) Being incapable of realizing and making a rational decision
with respect to the need for treatment; or
(B) lacking sufficient understanding or capability to make or
communicate responsible decisions concerning either the person's well-
being or estate.
(3) "Likely to cause harm to self or others" means that the person,
by reason of the person's use of alcohol or any substance: (A) Is likely,
in the reasonably foreseeable future, to cause substantial physical injury
or physical abuse to self or others or substantial damage to another's
property, as evidenced by behavior threatening, attempting or causing
such injury, abuse or damage; except that if the harm threatened,
attempted or caused is only harm to the property of another, the harm
must be of such a value and extent that the state's interest in protecting
the property from such harm outweighs the person's interest in personal
liberty; or
(B) is substantially unable, except for reason of indigency, to
provide for any of the person's basic needs, such as food, clothing,
shelter, health or safety, causing a substantial deterioration of the
person's ability to function on the person's own.
(k) "Physician" means a person licensed to practice medicine and
surgery as provided for in the Kansas healing arts act or a person who
is employed by a state psychiatric hospital or by an agency of the
HOUSE BILL No. 2359—page 99
United States and who is authorized by law to practice medicine and
surgery within that hospital or agency.
(l) "Psychologist" means a licensed psychologist, as defined by
K.S.A. 74-5302, and amendments thereto.
(m) "Substance" means: (1) The same as the term "controlled
substance" as defined in K.S.A. 21-5701, and amendments thereto; or
(2) fluorocarbons, toluene or volatile hydrocarbon solvents.
(n) "Treatment" means the broad range of emergency, outpatient,
intermediate and inpatient services and care, including diagnostic
evaluation, medical, psychiatric, psychological and social service care,
vocational rehabilitation and career counseling, which may be extended
to persons with an alcohol or substance abuse problem.
(o) (1) "Treatment facility" means a treatment program, public or
private treatment facility, or any facility of the United States
government available to treat a person for an alcohol or other substance
abuse problem, but such term does not include a licensed medical care
facility, a licensed adult care home, a facility licensed under K.S.A.
2015 Supp. 75-3307b, prior to its repeal or under K.S.A. 39-2001 et
seq., and amendments thereto, a community-based alcohol and drug
safety action program certified under K.S.A. 8-1008, and amendments
thereto, and performing only those functions for which the program is
certified to perform under K.S.A. 8-1008, and amendments thereto, or a
professional licensed by the behavioral sciences regulatory board to
diagnose and treat mental disorders at the independent level or a
physician, who may treat in the usual course of the behavioral sciences
regulatory board licensee's or physician's professional practice
individuals incapacitated by alcohol or other substances, but who are
not primarily engaged in the usual course of the individual's
professional practice in treating such individuals, or any state
institution, even if detoxification services may have been obtained at
such institution.
(2) "Private treatment facility" means a private agency providing
facilities for the care and treatment or lodging of persons with either an
alcohol or other substance abuse problem and meeting the standards
prescribed in either K.S.A. 65-4013 or 65-4603, and amendments
thereto, and licensed under either K.S.A. 65-4014 or 65-4607, and
amendments thereto.
(3) "Public treatment facility" means a treatment facility owned
and operated by any political subdivision of the state of Kansas and
licensed under either K.S.A. 65-4014 or 65-4603, and amendments
thereto, as an appropriate place for the care and treatment or lodging of
persons with an alcohol or other substance abuse problem.
(p) The terms defined in K.S.A. 59-3051 section 25 , and
amendments thereto, shall have the meanings provided by that section.
Sec. 152. K.S.A. 2024 Supp. 59-29b48 is hereby amended to read
as follows: 59-29b48. (a) The fact that a person may have voluntarily
accepted any form of treatment for an alcohol or substance abuse
problem, or become subject to a court order entered under authority of
this act, shall not be construed to mean that such person shall have lost
any civil right they otherwise would have as a resident or citizen, any
property right or their legal capacity, except as may be specified within
any court order or as otherwise limited by the provisions of this act or
the reasonable rules and regulations which the head of a treatment
facility may for good cause find necessary to make for the orderly
operations of that facility. No person held in custody under the
provisions of this act shall be denied the right to apply for a writ of
habeas corpus.
(b) There shall be no implication or presumption that a patient
within the terms of this act is for that reason alone a person in need of a
HOUSE BILL No. 2359—page 100
guardian or a conservator, or both, as provided in K.S.A. 59-3050
through 59-3095 the Kansas uniform guardianship, conservatorship
and other protective arrangements act, sections 24 through 135 , and
amendments thereto.
(c) A person who is a mentally ill person subject to involuntary
commitment for care and treatment as defined in K.S.A. 59-2946, and
amendments thereto, or a person with an alcohol or substance abuse
problem subject to involuntary commitment for care and treatment as
defined in K.S.A. 59-29b46, and amendments thereto, shall be subject
to K.S.A. 21-6301, and amendments thereto.
Sec. 153. K.S.A. 59-29b49 is hereby amended to read as follows:
59-29b49. (a) A person with an alcohol or substance abuse problem
may be admitted to a treatment facility as a voluntary patient when
there are available accommodations and the head of the treatment
facility determines such person is in need of treatment therein, and that
the person has the capacity to consent to treatment.
(b) Admission shall be made upon written application:
(1) If such person is 18 years of age or older the person may make
such application for themself; or
(2) (A) If such person is less than 18 years of age, a parent may
make such application for their child; or
(B) if such person is less than 18 years of age, but 14 years of age
or older, the person may make such written application on their own
behalf without the consent or written application of their parent, legal
guardian or any other person. Whenever a person who is 14 years of
age or older makes written application on their own behalf and is
admitted as a voluntary patient, the head of the treatment facility shall
promptly notify the child's parent, legal guardian or other person
known to the head of the treatment facility to be interested in the care
and welfare of the minor of the admittance of that child; or
(3) if such person has a legal guardian, the legal guardian may
make such application provided that if the legal guardian is required to
obtain authority to do so pursuant to K.S.A. 59-3077 sections 77 and
78, and amendments thereto, then only in accordance with the
provisions thereof. If the legal guardian is seeking admission of their
ward upon an order giving the guardian continuing authority to admit
the ward to a treatment facility as defined in K.S.A. 59- 3077 sections
77 and 78 , and amendments thereto, the head of the treatment facility
may require a statement from the patient's attending physician or from
the local health officer of the area in which the patient resides
confirming that the patient is in need of treatment for an alcohol or
substance abuse problem in a treatment facility before accepting the
ward for admission, and shall divert any such person to a less restrictive
treatment alternative as may be appropriate.
(c) No person shall be admitted as a voluntary patient under the
provisions of this act to any treatment facility unless the head of the
treatment facility has informed such person or such person's parent,
legal guardian, or other person known to the head of the treatment
facility to be interested in the care and welfare of a minor, in writing, of
the following:
(1) The rules and procedures of the treatment facility relating to
the discharge of voluntary patients;
(2) the legal rights of a voluntary patient receiving treatment from
a treatment facility as provided for in K.S.A. 59-29b78 and
amendments thereto; and
(3) in general terms, the types of treatment which are available or
would not be available to a voluntary patient from that treatment
facility.
(d) Nothing in this act shall be construed as to prohibit a proposed
HOUSE BILL No. 2359—page 101
or involuntary patient with capacity to do so from making an
application for admission as a voluntary patient to a treatment facility.
Any proposed or involuntary patient desiring to do so shall be afforded
an opportunity to consult with their attorney prior to making any such
application. If the head of the treatment facility accepts the application
and admits the patient as a voluntary patient, then the head of the
treatment facility shall notify, in writing, the patient's attorney, the
patient's legal guardian, if the patient has a legal guardian, and the
district court which has jurisdiction over the patient of the patient's
voluntary status. When a notice of voluntary admission is received, the
court shall file the same which shall terminate the proceedings.
Sec. 154. K.S.A. 59-29b51 is hereby amended to read as follows:
59-29b51. (a) A voluntary patient shall be entitled to be discharged
from a treatment facility, by the head of the treatment facility, by no
later than the third day, excluding Saturdays, Sundays and holidays,
after receipt of the patient's written request for discharge.
(b) (1) If the voluntary patient is an adult admitted upon the
application of a legal guardian or pursuant to an order of the court
issued pursuant to K.S.A. 59-3077 sections 77 and 78, and amendments
thereto, any request for discharge must be made, in writing, by the legal
guardian.
(2) If the voluntary patient is a minor, the written request for
discharge shall be made by the child's parent or legal guardian except if
the minor was admitted upon their own written application to become a
voluntary patient made pursuant to K.S.A. 59-29b49 and amendments
thereto, then the minor may make the request. In the case of a minor 14
or more years of age who had made written application to become a
voluntary patient on their own behalf and who has requested to be
discharged, the head of the treatment facility shall promptly inform the
child's parent, legal guardian or other person known to the head of the
treatment facility to be interested in the care and welfare of the minor
of the minor's request for discharge.
Sec. 155. K.S.A. 2024 Supp. 59-29b60 is hereby amended to read
as follows: 59-29b60. (a) Upon the filing of the petition provided for in
K.S.A. 59-29b57, and amendments thereto, the district court shall issue
the following:
(1) An order fixing the time and place of the trial upon the
petition. Such hearing, in the court's discretion, may be conducted in a
courtroom, a treatment facility or at some other suitable place. The time
fixed in the order shall in no event be earlier than seven days or later
than 14 days after the date of the filing of the petition. If a demand for a
trial by jury is later filed by the proposed patient, the court may
continue the trial and fix a new time and place of the trial at a time that
may exceed beyond the 14 days but shall be fixed within a reasonable
time not exceeding 30 days from the date of the filing of the demand.
(2) An order that the proposed patient appear at the time and place
of the hearing and providing that the proposed patient's presence will
be required at the hearing unless the attorney for the proposed patient
shall make a request that the proposed patient's presence be waived and
the court finds that the proposed patient's presence at the hearing would
be injurious to the proposed patient's welfare. The order shall further
provide that notwithstanding the foregoing provision, if the proposed
patient requests in writing to the court or to such person's attorney that
the proposed patient wishes to be present at the hearing, the proposed
patient's presence cannot be waived.
(3) An order appointing an attorney to represent the proposed
patient at all stages of the proceedings and until all orders resulting
from such proceedings are terminated. The court shall give preference,
in the appointment of this attorney, to any attorney who has represented
HOUSE BILL No. 2359—page 102
the proposed patient in other matters if the court has knowledge of that
prior representation. The proposed patient shall have the right to engage
an attorney of the proposed patient's own choice and, in such event, the
attorney appointed by the court shall be relieved of all duties by the
court.
(4) An order that the proposed patient shall appear at a time and
place that is in the best interests of the patient where the proposed
patient will have the opportunity to consult with the proposed patient's
court-appointed attorney, which time shall be at least five days prior to
the date set for the trial under K.S.A. 59-29b65, and amendments
thereto.
(5) An order for an evaluation as provided for in K.S.A. 59-29b61,
and amendments thereto.
(6) A notice as provided for in K.S.A. 59-29b63, and amendments
thereto.
(7) If the petition also contains allegations as provided for in
K.S.A. 59-3058, 59-3059, 59-3060, 59-3061 or 59-3062 sections 17,
18, 28, 49, 52 or 65, and amendments thereto, those orders necessary to
make a determination of the need for a legal guardian or conservator, or
both, to act on behalf of the proposed patient. For these purposes, the
trials required by K.S.A. 59-29b65 and K.S.A. 59-3067 , and
amendments thereto, sections 30, 53, 55, 66 and 70, and amendments
thereto, may be consolidated.
(8) If the petitioner shall not have named a proposed treatment
facility to which the proposed patient may be sent as provided for
subsection (b)(8) of in K.S.A. 59-29b57 (b)(8), and amendments
thereto, but instead stated that the secretary for aging and disability
services has been notified and requested to determine which treatment
facility the proposed patient should be sent to, then the court shall issue
an order requiring the secretary, or the secretary's designee, to make
that determination and to notify the court of the name and address of
that treatment facility by such time as the court shall specify in the
court's order.
(b) Nothing in this section shall prevent the court from granting an
order of continuance, for good cause shown, to any party for no longer
than seven days, except that such limitation does not apply to a request
for an order of continuance made by the proposed patient or to a
request made by any party if the proposed patient is absent such that
further proceedings can not be held until the proposed patient has been
located. The court also, upon the request of any party, may advance the
date of the hearing if necessary and in the best interests of all
concerned.
Sec. 156. K.S.A. 2024 Supp. 59-29c03 is hereby amended to read
as follows: 59-29c03. (a) The fact that a person has been detained for
emergency observation and treatment under this act shall not be
construed to mean that such person shall have lost any civil right such
person would otherwise have as a resident or citizen, any property right
or legal capacity, except as may be specified within any court order or
as otherwise limited by the provisions of this act or the reasonable
policies which the head of a crisis intervention center may, for good
cause shown, find necessary to make for the orderly operations of that
facility. No person held in custody under the provisions of this act shall
be denied the right to apply for a writ of habeas corpus. No judicial
action taken as part of the procedure provided in K.S.A. 2024 Supp. 59-
29c08(c), and amendments thereto, shall constitute a finding by the
court.
(b) There shall be no implication or presumption that a patient
within the terms of this act is, for that reason alone, a person in need of
a guardian or a conservator, or both, as provided in K.S.A. 59-3050
HOUSE BILL No. 2359—page 103
through 59-3097 the Kansas uniform guardianship, conservatorship
and other protective arrangements act, sections 24 through 135 , and
amendments thereto.
Sec. 157. K.S.A. 2024 Supp. 59-2946 is hereby amended to read
as follows: 59-2946. When used in the care and treatment act for
mentally ill persons:
(a) "Discharge" means the final and complete release from
treatment, by either the head of a treatment facility acting pursuant to
K.S.A. 59-2950, and amendments thereto, or by an order of a court
issued pursuant to K.S.A. 59-2973, and amendments thereto.
(b) "Head of a treatment facility" means the administrative
director of a treatment facility or such person's designee.
(c) "Law enforcement officer" means the same as defined in
K.S.A. 22-2202, and amendments thereto.
(d) (1) "Mental health center" means any community mental
health center as defined in K.S.A. 39-2002, and amendments thereto, or
a mental health clinic organized as a not-for-profit or a for-profit
corporation pursuant to K.S.A. 17-1701 through 17-1775, and
amendments thereto, or K.S.A. 17-6001 through 17-6010, and
amendments thereto, and licensed in accordance with the provisions of
K.S.A. 39-2001 et seq., and amendments thereto.
(2) "Participating mental health center" means a mental health
center that has entered into a contract with the secretary for aging and
disability services pursuant to the provisions of K.S.A. 39-1601
through 39-1612, and amendments thereto.
(e) "Mentally ill person" means any person who is suffering from
a mental disorder that is manifested by a clinically significant
behavioral or psychological syndrome or pattern and associated with
either a painful symptom or an impairment in one or more important
areas of functioning, and involving substantial behavioral,
psychological or biological dysfunction, to the extent that the person is
in need of treatment.
(f) (1) "Mentally ill person subject to involuntary commitment for
care and treatment" means a mentally ill person, as defined in
subsection (e), who also lacks capacity to make an informed decision
concerning treatment, is likely to cause harm to self or others, and
whose diagnosis is not solely one of the following mental disorders:
Alcohol or chemical substance abuse; antisocial personality disorder;
intellectual disability; organic personality syndrome; or an organic
mental disorder.
(2) "Lacks capacity to make an informed decision concerning
treatment" means that the person, by reason of the person's mental
disorder, is unable, despite conscientious efforts at explanation, to
understand basically the nature and effects of hospitalization or
treatment or is unable to engage in a rational decision-making process
regarding hospitalization or treatment, as evidenced by an inability to
weigh the possible risks and benefits.
(3) "Likely to cause harm to self or others" means that the person,
by reason of the person's mental disorder: (A) Is likely, in the
reasonably foreseeable future, to cause substantial physical injury or
physical abuse to self or others or substantial damage to another's
property, as evidenced by behavior threatening, attempting or causing
such injury, abuse or damage; except that if the harm threatened,
attempted or caused is only harm to the property of another, the harm
must be of such a value and extent that the state's interest in protecting
the property from such harm outweighs the person's interest in personal
liberty; or (B) is substantially unable, except for reason of indigency, to
provide for any of the person's basic needs, such as food, clothing,
shelter, health or safety, causing a substantial deterioration of the
HOUSE BILL No. 2359—page 104
person's ability to function on the person's own.
No person who is being treated by prayer in the practice of the
religion of any church that teaches reliance on spiritual means alone
through prayer for healing shall be determined to be a mentally ill
person subject to involuntary commitment for care and treatment under
this act unless substantial evidence is produced upon which the district
court finds that the proposed patient is likely in the reasonably
foreseeable future to cause substantial physical injury or physical abuse
to self or others or substantial damage to another's property, as
evidenced by behavior threatening, attempting or causing such injury,
abuse or damage; except that if the harm threatened, attempted or
caused is only harm to the property of another, the harm must be of
such a value and extent that the state's interest in protecting the
property from such harm outweighs the person's interest in personal
liberty.
(g) "Patient" means a person who is a voluntary patient, a
proposed patient or an involuntary patient.
(1) "V oluntary patient" means a person who is receiving treatment
at a treatment facility pursuant to K.S.A. 59-2949, and amendments
thereto.
(2) "Proposed patient" means a person for whom a petition
pursuant to K.S.A. 59-2952 or 59-2957, and amendments thereto, has
been filed.
(3) "Involuntary patient" means a person who is receiving
treatment under order of a court or a person admitted and detained by a
treatment facility pursuant to an application filed pursuant to K.S.A.
59-2954(b) or (c), and amendments thereto.
(h) "Physician" means a person licensed to practice medicine and
surgery as provided for in the Kansas healing arts act or a person who
is employed by a state psychiatric hospital or by an agency of the
United States and who is authorized by law to practice medicine and
surgery within that hospital or agency.
(i) "Psychologist" means a licensed psychologist, as defined by
K.S.A. 74-5302, and amendments thereto.
(j) "Qualified mental health professional" means a physician or
psychologist who is employed by a participating mental health center
or who is providing services as a physician or psychologist under a
contract with a participating mental health center, a licensed master's
level psychologist, a licensed clinical psychotherapist, a licensed
marriage and family therapist, a licensed clinical marriage and family
therapist, a licensed professional counselor, a licensed clinical
professional counselor, a licensed specialist social worker or a licensed
master social worker or a registered nurse who has a specialty in
psychiatric nursing, who is employed by a participating mental health
center and who is acting under the direction of a physician or
psychologist who is employed by, or under contract with, a
participating mental health center.
(1) "Direction" means monitoring and oversight including regular,
periodic evaluation of services.
(2) "Licensed master social worker" means a person licensed as a
master social worker by the behavioral sciences regulatory board under
K.S.A. 65-6301 through 65-6318, and amendments thereto.
(3) "Licensed specialist social worker" means a person licensed in
a social work practice specialty by the behavioral sciences regulatory
board under K.S.A. 65-6301 through 65-6318, and amendments
thereto.
(4) "Licensed master's level psychologist" means a person
licensed as a licensed master's level psychologist by the behavioral
sciences regulatory board under K.S.A. 74-5361 through 74-5373, and
HOUSE BILL No. 2359—page 105
amendments thereto.
(5) "Registered nurse" means a person licensed as a registered
professional nurse by the board of nursing under K.S.A. 65-1113
through 65-1164, and amendments thereto.
(k) "Secretary" means the secretary for aging and disability
services.
(l) "State psychiatric hospital" means Larned state hospital,
Osawatomie state hospital or Rainbow mental health facility.
(m) "Treatment" means any service intended to promote the
mental health of the patient and rendered by a qualified professional,
licensed or certified by the state to provide such service as an
independent practitioner or under the supervision of such practitioner.
(n) "Treatment facility" means any mental health center or clinic,
psychiatric unit of a medical care facility, state psychiatric hospital,
psychologist, physician or other institution or person authorized or
licensed by law to provide either inpatient or outpatient treatment to
any patient.
(o) The terms defined in K.S.A. 59-3051 section 25 , and
amendments thereto, shall have the meanings provided by that section.
Sec. 158. K.S.A. 2024 Supp. 59-2948 is hereby amended to read
as follows: 59-2948. (a) The fact that a person may have voluntarily
accepted any form of psychiatric treatment, or become subject to a
court order entered under authority of this act, shall not be construed to
mean that such person shall have lost any civil right they otherwise
would have as a resident or citizen, any property right or their legal
capacity, except as may be specified within any court order or as
otherwise limited by the provisions of this act or the reasonable rules
and regulations which the head of a treatment facility may for good
cause find necessary to make for the orderly operations of that facility.
No person held in custody under the provisions of this act shall be
denied the right to apply for a writ of habeas corpus.
(b) There shall be no implication or presumption that a patient
within the terms of this act is for that reason alone a person in need of a
guardian or a conservator as provided for in K.S.A. 59-3050 through
59-3095 the Kansas uniform guardianship, conservatorship and other
protective arrangements act, sections 24 through 135, and amendments
thereto.
(c) A person who is a mentally ill person subject to involuntary
commitment for care and treatment as defined in K.S.A. 59-2946, and
amendments thereto, or a person with an alcohol or substance abuse
problem subject to involuntary commitment for care and treatment as
defined in K.S.A. 59-29b46, and amendments thereto, shall be subject
to K.S.A. 21-6301, and amendments thereto.
Sec. 159. K.S.A. 59-2949 is hereby amended to read as follows:
59-2949. (a) A mentally ill person may be admitted to a treatment
facility as a voluntary patient when there are available accommodations
and the head of the treatment facility determines such person is in need
of treatment therein, and that the person has the capacity to consent to
treatment, except that no such person shall be admitted to a state
psychiatric hospital without a written statement from a qualified mental
health professional authorizing such admission.
(b) Admission shall be made upon written application:
(1) If such person is 18 years of age or older the person may make
such application for themself; or
(2) (A) If such person is less than 18 years of age, a parent may
make such application for their child; or
(B) if such person is less than 18 years of age, but 14 years of age
or older the person may make such written application on their own
behalf without the consent or written application of their parent, legal
HOUSE BILL No. 2359—page 106
guardian or any other person. Whenever a person who is 14 years of
age or older makes written application on their own behalf and is
admitted as a voluntary patient, the head of the treatment facility shall
promptly notify the child's parent, legal guardian or other person
known to the head of the treatment facility to be interested in the care
and welfare of the minor of the admittance of that child; or
(3) if such person has a legal guardian, the legal guardian may
make such application provided that if the legal guardian is required to
obtain authority to do so pursuant to K.S.A. 59-3077 section 78 , and
amendments thereto. If the legal guardian is seeking admission of their
ward upon an order giving the guardian continuing authority to admit
the ward to a treatment facility, as defined in K.S.A. 59-3077 section
78, and amendments thereto, the head of the treatment facility may
require a statement from the patient's attending physician or from the
local health officer of the area in which the patient resides confirming
that the patient is in need of psychiatric treatment in a treatment facility
before accepting the ward for admission, and shall divert any such
person to a less restrictive treatment alternative, as may be appropriate.
(c) No person shall be admitted as a voluntary patient under the
provisions of this act to any treatment facility unless the head of the
treatment facility has informed such person or such person's parent,
legal guardian, or other person known to the head of the treatment
facility to be interested in the care and welfare of a minor, in writing, of
the following:
(1) The rules and procedures of the treatment facility relating to
the discharge of voluntary patients;
(2) the legal rights of a voluntary patient receiving treatment from
a treatment facility as provided for in K.S.A. 59-2978 and amendments
thereto; and
(3) in general terms, the types of treatment which are available or
would not be available to a voluntary patient from that treatment
facility.
(d) Nothing in this act shall be construed as to prohibit a proposed
or involuntary patient with capacity to do so from making an
application for admission as a voluntary patient to a treatment facility.
Any proposed or involuntary patient desiring to do so shall be afforded
an opportunity to consult with their attorney prior to making any such
application. If the head of the treatment facility accepts the application
and admits the patient as a voluntary patient, then the head of the
treatment facility shall notify, in writing, the patient's attorney, the
patient's legal guardian, if the patient has a legal guardian, and the
district court which has jurisdiction over the patient of the patient's
voluntary status. When a notice of voluntary admission is received, the
court shall file the same which shall terminate the proceedings.
Sec. 160. K.S.A. 59-2951 is hereby amended to read as follows:
59-2951. (a) A voluntary patient shall be entitled to be discharged from
a treatment facility, by the head of the treatment facility, by no later
than the third day, excluding Saturdays, Sundays and holidays, after
receipt of the patient's written request for discharge. If the voluntary
patient is a patient in a state psychiatric hospital, that hospital shall
immediately give either oral or facsimile notice to the participating
mental health center serving the area where the patient intends to reside
and shall consider any recommendations from that mental health center
which may be received prior to the time set for discharge as specified in
the notice.
(b) (1) If the voluntary patient is an adult admitted upon the
application of a legal guardian or pursuant to an order of the court
issued pursuant to K.S.A. 59-3077 section 78, and amendments thereto,
any request for discharge must be made, in writing, by the legal
HOUSE BILL No. 2359—page 107
guardian.
(2) If the voluntary patient is a minor, the written request for
discharge shall be made by the child's parent or legal guardian except if
the minor was admitted upon their own written application to become a
voluntary patient made pursuant to K.S.A. 59-2949 and amendments
thereto, then the minor may make the request. In the case of a minor 14
or more years of age who had made written application to become a
voluntary patient on their own behalf and who has requested to be
discharged, the head of the treatment facility shall promptly inform the
child's parent, legal guardian, or other person known to the head of the
treatment facility to be interested in the care and welfare of the minor
of the minor's request for discharge.
Sec. 161. K.S.A. 59-2960 is hereby amended to read as follows:
59-2960. (a) Upon the filing of the petition provided for in K.S.A. 59-
2957 and amendments thereto, the district court shall issue the
following:
(1) An order fixing the time and place of the trial upon the
petition. Such hearing, in the court's discretion, may be conducted in a
courtroom, a treatment facility or at some other suitable place. The time
fixed in the order shall in no event be earlier than seven days or later
than 14 days after the date of the filing of the petition. If a demand for a
trial by jury is later filed by the proposed patient, the court may
continue the trial and fix a new time and place of the trial at a time that
may exceed beyond the 14 days but shall be fixed within a reasonable
time not exceeding 30 days from the date of the filing of the demand.
(2) An order that the proposed patient appear at the time and place
of the hearing and providing that the proposed patient's presence will
be required at the hearing unless the attorney for the proposed patient
shall make a request that the proposed patient's presence be waived and
the court finds that the proposed patient's presence at the hearing would
be injurious to the proposed patient's welfare. The order shall further
provide that notwithstanding the foregoing provision, if the proposed
patient requests in writing to the court or to such person's attorney that
the proposed patient wishes to be present at the hearing, the proposed
patient's presence cannot be waived.
(3) An order appointing an attorney to represent the proposed
patient at all stages of the proceedings and until all orders resulting
from such proceedings are terminated. The court shall give preference,
in the appointment of this attorney, to any attorney who has represented
the proposed patient in other matters if the court has knowledge of that
prior representation. The proposed patient shall have the right to engage
an attorney of the proposed patient's own choice and, in such event, the
attorney appointed by the court shall be relieved of all duties by the
court.
(4) An order that the proposed patient shall appear at a time and
place that is in the best interests of the patient where the proposed
patient will have the opportunity to consult with the proposed patient's
court-appointed attorney, which time shall be at least five days prior to
the date set for the trial under K.S.A. 59-2965 and amendments thereto.
(5) An order for a mental evaluation as provided for in K.S.A. 59-
2961 and amendments thereto.
(6) A notice as provided for in K.S.A. 59-2963 and amendments
thereto.
(7) If the petition also contains allegations as provided for in
K.S.A. 59-3058, 59-3059, 59-3060, 59-3061 or 59-3062 sections 17,
18, 28, 49, 52 or 65, and amendments thereto, those orders necessary to
make a determination of the need for a legal guardian or conservator, or
both, to act on behalf of the proposed patient. For these purposes, the
trials required by K.S.A. 59-2965 and 59-3067 , and amendments
HOUSE BILL No. 2359—page 108
thereto, sections 30, 53, 55, 66 and 70, and amendments thereto, may
be consolidated.
(b) Nothing in this section shall prevent the court from granting an
order of continuance, for good cause shown, to any party for no longer
than seven days, except that such limitation does not apply to a request
for an order of continuance made by the proposed patient or to a
request made by any party if the proposed patient absents him or
herself such that further proceedings can not be held until the proposed
patient has been located. The court also, upon the request of any party,
may advance the date of the hearing if necessary and in the best
interests of all concerned.
Sec. 162. K.S.A. 73-507 is hereby amended to read as follows: 73-
507. Upon the filing of a petition for the appointment of a curator,
under the provisions of this act, the court shall cause such notice to be
given as provided by the act for obtaining a guardian or conservator, or
both (K.S.A. 59-3050 through 59-3095 Kansas uniform guardianship,
conservatorship and other protective arrangements act, sections 24
through 135, and amendments thereto).
Sec. 163. K.S.A. 2024 Supp. 75-652 is hereby amended to read as
follows: 75-652. As used in this act:
(a) "Account" or "ABLE savings account" means an individual
savings account established in accordance with the provisions of this
act.
(b) "Account owner" means the person who enters into an ABLE
savings agreement pursuant to the provisions of this act. The account
owner shall also be the designated beneficiary. A conservator, guardian
or a person authorized by the treasurer through procedures established
by the treasurer may act on behalf of a designated beneficiary of an
account in accordance with procedures established by the treasurer.
(c) "Conservator" means a person appointed by the court pursuant
to K.S.A. 59-3050 et seq. the Kansas uniform guardianship,
conservatorship and other protective arrangements act, sections 24
through 135, and amendments thereto.
(d) "Designated beneficiary" means a Kansas resident or a person
authorized by the treasurer pursuant to K.S.A. 75-653, and amendments
thereto, whose qualified disability expenses may be paid from the
account. The designated beneficiary must be an eligible individual at
the time the account is established.
(e) "Eligible individual" means the same as defined in section
529A of the federal internal revenue code of 1986, as amended.
(f) "Financial organization" means an organization authorized to
do business in the state of Kansas and is:
(1) Licensed or chartered by the commissioner of insurance;
(2) licensed or chartered by the state bank commissioner;
(3) chartered by an agency of the federal government; or
(4) subject to the jurisdiction and regulation of the securities and
exchange commission of the federal government.
(g) "Guardian" means a person appointed by the court pursuant to
K.S.A. 59-3050 et seq. the Kansas uniform guardianship,
conservatorship and other protective arrangements act, sections 24
through 135, and amendments thereto.
(h) "Management contract" means the contract executed by the
treasurer and a financial organization selected to act as a depository and
manager of the program.
(i) "Member of the family" means the same as defined in section
529A of the federal internal revenue code of 1986, as amended.
(j) "Nonqualified withdrawal" means a withdrawal from an
account which is not:
(1) A qualified withdrawal; or
HOUSE BILL No. 2359—page 109
(2) a rollover distribution.
(k) "Program" means the Kansas ABLE savings program
established pursuant to this act.
(l) "Program manager" means a financial organization selected by
the treasurer to act as a depository and manager of the program.
(m) "Qualified disability expense" means the same as defined in
section 529A of the federal internal revenue code of 1986, as amended.
(n) "Qualified withdrawal" means a withdrawal from an account
to pay the qualified disability expenses of the designated beneficiary of
the account.
(o) "Rollover distribution" means a rollover distribution as defined
in section 529A of the federal internal revenue code of 1986, as
amended.
(p) "Savings agreement" means an agreement between the
program manager or the treasurer and the account owner.
(q) "Secretary" means the secretary of the United States treasury.
(r) "Treasurer" means the state treasurer.
Sec. 164. K.S.A. 76-729 is hereby amended to read as follows: 76-
729. (a) (1) Persons enrolling at the state educational institutions under
the control and supervision of the state board of regents who, if such
persons are adults, have been domiciliary residents of the state of
Kansas or, if such persons are minors, whose parents have been
domiciliary residents of the state of Kansas for at least 12 months prior
to enrollment for any term or session at a state educational institution
are residents for fee purposes. A person who has been a resident of the
state of Kansas for fee purposes and who leaves the state of Kansas to
become a resident of another state or country shall retain status as a
resident of the state of Kansas for fee purposes if the person returns to
domiciliary residency in the state of Kansas within 60 months of
departure. All other persons are nonresidents of the state of Kansas for
fee purposes.
(2) The provisions of this subsection shall not apply to a person
who is deemed a resident for fee purposes pursuant to K.S.A. 76-731a,
and amendments thereto.
(b) The state board of regents may authorize the following
persons, or any class or classes thereof, and their spouses and
dependents to pay an amount equal to resident fees:
(1) Persons who are employees of a state educational institution;
(2) persons having special domestic relations circumstances;
(3) persons who have lost their resident status within six months
of enrollment;
(4) persons who are not domiciliary residents of the state, who
have graduated from a high school accredited by the state board of
education within six months of enrollment, who were domiciliary
residents of the state at the time of graduation from high school or
within 12 months prior to graduation from high school, and who are
entitled to admission at a state educational institution pursuant to
K.S.A. 76-717b, and amendments thereto;
(5) persons who are domiciliary residents of the state, whose
domiciliary residence was established in the state for the purpose of
accepting, upon recruitment by an employer, or retaining, upon transfer
required by an employer, a position of full-time employment at a place
of employment in Kansas, but the domiciliary residence of whom was
not timely enough established to meet the residence duration
requirement of subsection (a), and who are not otherwise eligible for
authorization to pay an amount equal to resident fees under this
subsection.
(c) Pursuant to K.S.A. 2024 Supp. 48-3601, and amendments
thereto, a veteran, an active duty member of the armed forces and the
HOUSE BILL No. 2359—page 110
spouse and dependent child of such veteran or active duty member of
the armed forces shall be deemed residents of the state for fee purposes.
(d) As used in this section:
(1) "Parents" means and includes natural parents, adoptive
parents, stepparents, guardians and custodians.
(2) "Guardian" has the meaning ascribed thereto by K.S.A. 59-
3051 means the same as defined in section 25, and amendments thereto.
(3) "Custodian" means a person, agency or association granted
legal custody of a minor under the revised Kansas code for care of
children.
(4) "Domiciliary resident" means a person who has present and
fixed residence in Kansas where the person intends to remain for an
indefinite period and to which the person intends to return following
absence.
(5) "Full-time employment" means employment requiring at least
1,500 hours of work per year.
(6) "Dependent" means: (A) A birth child, adopted child or
stepchild; or
(B) any child other than the foregoing who is actually dependent
in whole or in part on the person in military service and who is related
to such individual by marriage or consanguinity.
(7) "Academic year" means the twelve-month 12-month period
ending June 30.
Sec. 165. K.S.A. 76-12b04 is hereby amended to read as follows:
76-12b04. If in the opinion of the superintendent an applicant for
admission meets the definition of a person in need of a guardian or a
conservator, or both, as provided in K.S.A. 59-3050 through 59-3095
the Kansas uniform guardianship, conservatorship and other protective
arrangements act, sections 24 through 135 , and amendments thereto,
the person shall not be admitted to an institution except for the
purposes of conducting a court ordered evaluation pursuant to K.S.A.
59-3064 section 69 , and amendments thereto, until a court has
determined the legal status of the person under the act for obtaining a
guardian or conservator, or both. The provisions of this paragraph shall
not be applicable if a court has already determined the legal status of
the applicant under the act.
Sec. 166. K.S.A. 77-201 is hereby amended to read as follows: 77-
201. In the construction of the statutes of this state the following rules
shall be observed, unless the construction would be inconsistent with
the manifest intent of the legislature or repugnant to the context of the
statute:
First. The repeal of a statute does not revive a statute previously
repealed, nor does the repeal affect any right which accrued, any duty
imposed, any penalty incurred or any proceeding commenced, under or
by virtue of the statute repealed. The provisions of any statute, so far as
they are the same as those of any prior statute, shall be construed as a
continuation of the prior provisions and not as a new enactment.
Second. Words and phrases shall be construed according to the
context and the approved usage of the language, but technical words
and phrases, and other words and phrases that have acquired a peculiar
and appropriate meaning in law, shall be construed according to their
peculiar and appropriate meanings.
Third. Words importing the singular number only may be extended
to several persons or things, and words importing the plural number
only may be applied to one person or thing. Words importing the
masculine gender only may be extended to females.
Fourth. Words giving a joint authority to three or more public
officers or other persons shall be construed as given that authority to a
majority of them, unless it is otherwise expressed in the act giving the
HOUSE BILL No. 2359—page 111
authority.
Fifth. "Highway" and "road" include public bridges and may be
construed to be equivalent to "county way," "county road," "common
road," "state road" and "territorial road."
Sixth. "Incompetent person" includes disabled persons and
incapacitated persons as defined herein in this section.
Seventh. "Issue," as applied to the descent of estates, includes all the
lawful lineal descendants of the ancestor.
Eighth. "Land," "real estate" and "real property" include lands,
tenements and hereditaments, and all rights to them and interest in
them, equitable as well as legal.
Ninth. "Personal property" includes money, goods, chattels,
evidences of debt and things in action, and digital assets as defined in
the revised uniform fiduciary access to digital assets act, K.S.A. 2024
Supp. 58-4801 through 58-4819, and amendments thereto.
Tenth. "Property" includes personal and real property.
Eleventh. "Month" means a calendar month, unless otherwise
expressed. "Year" alone, and also the abbreviation "A.D.," is equivalent
to the expression "year of our Lord."
Twelfth. "Oath" includes an affirmation in all cases where an
affirmation may be substituted for an oath, and in similar cases "swear"
includes affirm.
Thirteenth. "Person" may be extended to bodies politic and
corporate.
Fourteenth. If the seal of a court or public office or officer is
required by law to be affixed to any paper, "seal" includes an
impression of the seal upon the paper alone, as well as upon wax or a
wafer affixed to the paper. "Seal" also includes both a rubber stamp seal
used with permanent ink and the word "seal" printed on court
documents produced by computer systems, so that the seal may be
legibly reproduced by photographic process.
Fifteenth. "State," when applied to the different parts of the United
States, includes the District of Columbia and the territories. "United
States" may include that district and those territories.
Sixteenth. "Town" may mean a civil township, unless a different
meaning is plainly intended.
Seventeenth. "Will" includes codicils.
Eighteenth. "Written" and "in writing" may include printing,
engraving, lithography and any other mode of representing words and
letters, excepting those cases where the written signature or the mark of
any person is required by law.
Nineteenth. "Sheriff" may be extended to any person performing the
duties of the sheriff, either generally or in special cases.
Twentieth. "Deed" is applied to an instrument conveying lands but
does not imply a sealed instrument. "Bond" and "indenture" do not
necessarily imply a seal but in other respects mean the same kind of
instruments as above. "Undertaking" means a promise or security in
any form where required by law.
Twenty-first. "Executor" includes an administrator where the subject
matter applies to an administrator.
Twenty-second. Roman numerals and Arabic figures are to be taken
as a part of the English language.
Twenty-third. "Residence" means the place which is adopted by a
person as the person's place of habitation and to which, whenever the
person is absent, the person has the intention of returning. When a
person eats at one place and sleeps at another, the place where the
person sleeps shall be considered the person's residence.
Twenty-fourth. "Usual place of residence" and "usual place of
abode," when applied to the service of any process or notice, means the
HOUSE BILL No. 2359—page 112
place usually occupied by a person. If a person has no family, or does
not have family with the person, the person's office or place of business
or, if the person has no place of business, the room or place where the
person usually sleeps shall be construed to be the person's place of
residence or abode.
Twenty-fifth. "Householder" means a person who is 18 or more years
of age and who owns or occupies a house as a place of residence and
not as a boarder or lodger.
Twenty-sixth. "General election" refers to the election required to be
held on the Tuesday following the first Monday in November of each
even-numbered year.
Twenty-seventh. "Under legal disability" includes persons who are
within the period of minority, or who are incapacitated, incompetent or
imprisoned.
Twenty-eighth. When a person is required to be disinterested or
indifferent in acting on any question or matter affecting other parties,
relationship within the degree of second cousin, inclusive, shall
disqualify the person from acting, except by consent of parties.
Twenty-ninth. "Head of a family" shall include any person who has
charge of children, relatives or others living with the person.
Thirtieth. "Mentally ill person" means a mentally ill person as
defined in K.S.A. 59-2946, and amendments thereto.
Thirty-first. "Incapacitated person" means an individual whose
ability to receive and evaluate relevant information, or to effectively
communicate decisions, or both, even with the use of assistive
technologies or other supports, is impaired to the degree that the person
lacks the capacity to manage the person's estate, or to meet essential
needs for the person's physical health, safety or welfare, as defined in
K.S.A. 59-3051 section 25 , and amendments thereto, whether or not a
guardian or a conservator has been appointed for that person.
Thirty-second. "Guardian" means an individual or a nonprofit
corporation certified in accordance with K.S.A. 59-3070 section 35 ,
and amendments thereto, which has been appointed by a court to act on
behalf of a ward and possessed of some or all of the powers and duties
set out in K.S.A. 59-3075 sections 76 through 78 , and amendments
thereto. "Guardian" does not mean natural guardian unless specified.
Thirty-third. "Natural guardian" means both the biological or
adoptive mother and father of a minor if neither parent has been found
to be an adult with an impairment in need of a guardian or has had
parental rights terminated by a court of competent jurisdiction. If either
parent of a minor is deceased, or has been found to be an adult with an
impairment in need of a guardian, as provided for in K.S.A. 59-3050
through 59-3095 the Kansas uniform guardianship, conservatorship
and other protective arrangements act, sections 24 through 135 , and
amendments thereto, or has had parental rights terminated by a court of
competent jurisdiction, then the other parent shall be the natural
guardian, unless also deceased, or found to be an adult with an
impairment in need of a guardian, or has had parental rights terminated
by a court of competent jurisdiction, in which case no person shall
qualify as the natural guardian.
Thirty-fourth. "Conservator" means an individual or corporation
appointed by the court to act on behalf of a conservatee and possessed
of some or all of the powers and duties set out in K.S.A. 59-3078
sections 99 through 102, and amendments thereto.
Thirty-fifth. "Minor" means any person defined by K.S.A. 38-101,
and amendments thereto, as being within the period of minority.
Thirty-sixth. "Proposed ward" means a person for whom a petition
for the appointment of a guardian pursuant to K.S.A. 59-3058, 59-
3059, 59-3060 or 59-3061 sections 17, 18, 28, 49, 52 or 65, and
HOUSE BILL No. 2359—page 113
amendments thereto, has been filed.
Thirty-seventh. "Proposed conservatee" means a person for whom a
petition for the appointment of a conservator pursuant to K.S.A. 59-
3058, 59-3059, 59-3060 or 59-3061 sections 17, 18, 28, 49, 52 or 65 ,
and amendments thereto, has been filed.
Thirty-eighth. "Ward" means a person who has a guardian.
Thirty-ninth. "Conservatee" means a person who has a conservator.
Fortieth. "Manufactured home" means a structure which:
(1) Is transportable in one or more sections which, in the traveling
mode, is 8 body feet or more in width or 40 body feet or more in
length, or, when erected on site, is 320 or more square feet, and which
is built on a permanent chassis and designed to be used as a dwelling,
with or without permanent foundation, when connected to the required
utilities, and includes the plumbing, heating, air conditioning and
electrical systems contained therein; and
(2) is subject to the federal manufactured home construction and
safety standards established pursuant to 42 U.S.C. § 5403.
Forty-first. "Mobile home" means a structure which:
(1) Is transportable in one or more sections which, in the traveling
mode, is 8 body feet or more in width and 36 body feet or more in
length and is built on a permanent chassis and designed to be used as a
dwelling, with or without a permanent foundation, when connected to
the required utilities, and includes the plumbing, heating, air
conditioning and electrical systems contained therein; and
(2) is not subject to the federal manufactured home construction
and safety standards established pursuant to 42 U.S.C. § 5403.
Forty-second. "Disabled person" includes incapacitated persons and
incompetent persons as defined herein in this section.
HOUSE BILL No. 2359—page 114
Sec. 167. K.S.A. 9-1215, 17-2263, 17-2264, 21-5417, 38-2217,
44-513a, 44-1601, 58-662, 58-24a15, 59-1701, 59-2701, 59-2702, 59-
2703, 59-2704, 59-2705, 59-2706, 59-2707, 59-2708, 59-2949, 59-
2951, 59-2960, 59-29b49, 59-29b51, 59-3050, 59-3054, 59-3057, 59-
3063, 59-3064, 59-3066, 59-3071, 59-3072, 59-3074, 59-3076, 59-
3079, 59-3081, 59-3082, 59-3084, 59-3085, 59-3087, 59-3088, 59-
3089, 59-3090, 59-3091, 59-3092, 59-3093, 59-3095, 59-3096, 73-507,
76-729, 76-12b04 and 77-201 and K.S.A. 2024 Supp. 58-656, 58-4802,
58-4814, 58a-103, 59-2401a, 59-2946, 59-2948, 59-29b46, 59-29b48,
59-29b60, 59-29c03, 59-3051, 59-3052, 59-3053, 59-3055, 59-3056,
59-3058, 59-3059, 59-3060, 59-3061, 59-3062, 59-3065, 59-3067, 59-
3068, 59-3069, 59-3070, 59-3073, 59-3075, 59-3077, 59-3078, 59-
3080, 59-3083, 59-3086, 59-3094, 59-3097 and 75-652 are hereby
repealed.
Sec. 168. This act shall take effect and be in force from and after
January 1, 2026, and its publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.

Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.