59-30,152.

420 words·~2 min read·/ks/chapter-59/59-30-52

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

59-30,152. Emergency guardian for adult.

(a)On its own after a petition has been filed under K.S.A. 59-30,142 , and amendments thereto, or on verified petition by a person interested in an adult's welfare, the court may appoint an emergency guardian for the adult if the court finds a sufficient factual basis to establish probable cause that:

(1)Appointment of an emergency guardian is necessary to prevent imminent and substantial harm to the adult's physical health, safety or welfare;

(2)no other person has authority and willingness to act in the circumstances; and

(3)a basis for appointment of a guardian under K.S.A. 59-30,141 , and amendments thereto, exists.

(b)The duration of authority of an emergency guardian for an adult may not exceed 30 days, and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian's authority may be extended up to three times for not more than 30 days per extension if the court finds good cause and that the conditions for appointment of an emergency guardian in subsection

(a)continue.

(c)Immediately upon filing of a petition for appointment of an emergency guardian for an adult, the court shall appoint an attorney to represent the respondent in the proceeding. Except as otherwise provided in subsection (d), reasonable notice of the date, time, and place of a hearing on the petition must be given to the respondent, the respondent's attorney and any other person the court determines.

(d)The court may appoint an emergency guardian for an adult without notice to the adult and any attorney for the adult only if the court finds from an affidavit or testimony that the respondent's physical health, safety or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian without giving notice under subsection (c), the court must:

(1)Give notice of the appointment not later than 48 hours after the appointment to:

(A)The respondent;

(B)the respondent's attorney; and

(C)any other person the court determines; and

(2)hold a hearing on the appropriateness of the appointment not later than five days after the appointment.

(e)Appointment of an emergency guardian under this section is not a determination that a basis exists for appointment of a guardian under K.S.A. 59-30,141 , and amendments thereto.

(f)The court may remove an emergency guardian appointed under this section at any time. The emergency guardian shall make any report the court requires.