K.S.A. § 59-30,157 — KS Code / Chapter 59 / Article 30 / Section 59-30,157
59-30,157 - Guardian's report; monitoring of guardianship.
Status: in_force

59-30,157. Guardian's report; monitoring of guardianship. (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 K.S.A. 59-30,155(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 K.S.A. 59-30,156, and amendments thereto, and a statement whether the guardian has deviated from the plan and, if so, how the guardian has deviated and why;

(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 K.S.A. 59-30,156, 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 K.S.A. 59-30,150(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 K.S.A. 59-30,150(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 K.S.A. 59-30,158 and 59-30,159, 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 presumption the report is accurate as to a matter adequately disclosed in the report.