59-30,141.

209 words·~1 min read·/ks/chapter-59/59-30-41

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

59-30,141. Basis for appointment of guardian for adult.

(a)On petition and after notice and hearing, the court may:

(1)Appoint a guardian for an adult if the court finds by clear and convincing evidence that:

(A)The respondent lacks the ability to meet essential requirements for physical health, safety or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance or supported decision making; and

(B)the respondent's identified needs cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative; or

(2)with appropriate findings, treat the petition as one for a conservatorship under K.S.A. 59-30,160 through 59-30,195 , and amendments thereto, or a protective arrangement under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto, issue any appropriate order or dismiss the proceeding.

(b)The court shall grant a guardian appointed under subsection

(a)only those powers necessitated by the demonstrated needs and limitations of the respondent and issue orders that will encourage development of the respondent's maximum self-determination and independence. The court may not establish a full guardianship if a limited guardianship, protective arrangement instead of guardianship or other less restrictive alternatives would meet the needs of the respondent.