K.S.A. § 59-30,144 — KS Code / Chapter 59 / Article 30 / Section 59-30,144
59-30,144 - Appointment and role of court liaison.
Status: in_force

59-30,144. Appointment and role of court liaison. (a) On receipt of a petition under K.S.A. 59-30,142, 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

(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 K.S.A. 59-30,119, and amendments thereto.