59-30,148.

402 words·~2 min read·/ks/chapter-59/59-30-48

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

59-30,148. Confidentiality of records; access to records.

(a)The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the record after:

(1)The respondent or individual subject to guardianship requests the record be sealed; and

(2)either:

(A)The petition for guardianship is dismissed; or

(B)the guardianship is terminated.

(1)The following court records are a matter of public record unless sealed by the court:

(A)Letters of guardianship;

(B)orders suspending or removing a guardian; and

(C)orders terminating a guardianship.

(2)All other court records of a guardianship proceeding are not a matter of public record except as further provided.

(3)The following persons are entitled to access court records of the proceeding and resulting guardianship, including the guardian's plan under K.S.A. 59-30,156 , and amendments thereto, and report under K.S.A. 59-30,157 , and amendments thereto:

(A)An adult subject to a proceeding for a guardianship, whether or not a guardian is appointed;

(B)an attorney designated by the adult;

(C)a person entitled to notice under K.S.A. 59-30,150 (e), and amendments thereto, or a subsequent order; and

(D)a licensed attorney, abstractor or title insurance agent.

(4)A person not otherwise entitled to access court records under this subsection for good cause may request permission from the court for access to court records of the guardianship, including the guardian's report and plan. The court shall grant access if access is in the best interest of the respondent or adult subject to guardianship or furthers the public interest and does not endanger the welfare or financial interests of the adult.

(c)A report under K.S.A. 59-30,144 , and amendments thereto, of a court liaison or a professional evaluation under K.S.A. 59-30,146 , and amendments thereto, is confidential and must be sealed on filing, but is available to:

(1)The court;

(2)the individual who is the subject of the report or evaluation, without limitation as to use;

(3)the petitioner, court liaison and petitioner's and respondent's attorneys, for purposes of the proceeding;

(4)unless the court orders otherwise, an agent appointed under a power of attorney for healthcare or power of attorney for finances in which the respondent is the principal; and

(5)any other person if it is in the public interest or for a purpose the court orders for good cause.