K.S.A. § 59-30,154 — KS Code / Chapter 59 / Article 30 / Section 59-30,154
59-30,154 - Powers of guardian for adult.
Status: in_force

59-30,154. Powers of guardian for adult. (a) Except as limited by court order, a guardian for an adult may:

(1) If authorized by the court under K.S.A. 59-30,155, 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 K.S.A. 59-30,153(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 K.S.A. 59-30,153(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 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 K.S.A. 59-30,153(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 K.S.A. 59-30,156, 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 K.S.A. 59-30,150(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 K.S.A. 59-30,156, 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 K.S.A. 59-30,150(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.