K.S.A. § 59-30,102 — KS Code / Chapter 59 / Article 30 / Section 59-30,102
59-30,102 - Definitions.
Status: in_force

59-30,102. Definitions. 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.

(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 K.S.A. 59-30,198, and amendments thereto.

(bb) "Protective arrangement instead of guardianship" means a court order entered under K.S.A. 59-30,197, 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 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 K.S.A. 59-30,134, 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.