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Code · Kansas · Chapter 59 — Probate Code

59-30,150.

428 words·~2 min read·/ks/chapter-59/59-30-50

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

59-30,150. Order of appointment for guardian; contents of order; review hearing.
(a)A court order appointing a guardian for an adult must:
(1)Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative, including use of appropriate supportive services, technological assistance or supported decision making; and
(2)include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition.
(b)A court order establishing a full guardianship for an adult must state the basis for granting a full guardianship and include specific findings that support the conclusion that a limited guardianship would not meet the functional needs of the adult subject to guardianship.
(c)A court order establishing a limited guardianship for an adult must state the specific powers granted to the guardian.
(d)A court order appointing a guardian for an adult must include the date of a review hearing to be set 90 days after the order of appointment is entered. At that hearing, the court shall review the guardian's plan filed pursuant to K.S.A. 59-30,156 , and amendments thereto.
(e)The court, as part of an order establishing a guardianship for an adult, shall identify any person that subsequently is entitled to:
(1)Notice of the rights of the adult under K.S.A. 59-30,151 (b), and amendments thereto;
(2)notice of a change in the primary dwelling of the adult;
(3)notice that the guardian will be unavailable to visit the adult for more than two months or unavailable to perform the guardian's duties for more than one month;
(4)a copy of the guardian's plan under K.S.A. 59-30,156 , and amendments thereto, and the guardian's report under K.S.A. 59-30,157 , and amendments thereto;
(5)access to court records relating to the guardianship;
(6)notice of the death or significant change in the condition of the adult;
(7)notice of a petition or hearing to limit or modify the powers of the guardian or that the court has limited or modified the powers of the guardian; and
(8)notice of a petition or hearing to remove the guardian or that the court has removed the guardian.
(f)A spouse and adult children of an adult subject to guardianship are entitled to notice under subsection
(e)unless the court determines notice would be contrary to the preferences or prior directions of the adult subject to guardianship or not in the best interest of the adult.
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