K.S.A. § 59-30,151 — KS Code / Chapter 59 / Article 30 / Section 59-30,151
59-30,151 - Notice of order of appointment; statement of rights.
Status: in_force

59-30,151. Notice of order of appointment; statement of rights. (a) Not later than 14 days after the appointment, a guardian appointed under K.S.A. 59-30,149, and amendments thereto, shall give the adult subject to guardianship and all other persons given notice under K.S.A. 59-30,143, and amendments thereto, a copy of the order of appointment.

(b) Not later than 30 days after appointment of a guardian under K.S.A. 59-30,149, 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 K.S.A. 59-30,149(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 K.S.A. 59-30,127, 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 in the guardian's plan under K.S.A. 59-30,156, 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 K.S.A. 59-30,156, and amendments thereto, and the guardian's report under K.S.A. 59-30,157, 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.