SESSION OF 2025
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2359
As Amended by House Committee on Judiciary
Brief*
HB 2359, as amended, would enact the Uniform Adult
Guardianship and Protective Proceedings Jurisdiction Act
(UAGPPJA) and the Kansas Uniform Guardianship,
Conservatorship, and Other Protective Arrangements Act
(KUGCOPAA), and would repeal existing statutes governing
guardianship and conservatorship throughout the Kansas
Statutes Annotated, effective January 1, 2026. The bill would
also make conforming amendments to various statutes to
reflect the new acts.
Uniform Adult Guardianship and Protective Proceedings
Jurisdiction Act (New Sections 1 – 23)
Definitions (New Section 2)
The bill would define several terms used throughout
UAGPPJA.
Foreign Jurisdiction (New Section 3)
The bill would allow a Kansas court to treat a foreign
country as a state for the purposes of applying the
UAGPPJA, with the exception of sections governing out-of-
state registrations of guardianship or protective orders.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ Interstate Communications (New Section 4)
The bill would allow a Kansas court, with participation by
the parties, to communicate with another state concerning a
proceeding arising under the UAGPPJA. The bill would
require all communications except administrative matters be
recorded by the court.
Interstate Requests for Assistance (New Section 5)
Under the UAGPPJA, Kansas courts could request
another state’s court to:
●Conduct evidentiary hearings;
●Compel testimony or evidence according to that
state’s procedures;
●Order evaluations or assessments of the
respondent;
●Conduct investigations of persons involved in
proceedings;
●Provide certified records of hearings, evidence,
evaluations, or assessments;
●Issue orders ensuring appearance of necessary
persons; and
●Authorize release of relevant records, including
protected health information under federal
regulations.
The bill would also require that when courts of other
states request similar assistance in their guardianship or
protective proceedings, Kansas courts have limited
jurisdiction to either grant the request or make reasonable
efforts to comply.
2- 2359 Out-of-State Depositions (New Section 6)
Under the bill, Kansas courts would be able to receive
testimony from out-of-state witnesses through depositions or
by telephone, audio-visual technology or other electronic
means, or another legally-permissible means of taking out-of-
state testimony. Kansas courts would be required to
cooperate with other state courts in determining appropriate
locations for depositions or testimony.
Definitions Specific to Adult Guardianship and Protective
Proceedings (New Section 7)
The bill would define several terms as used throughout
provisions pertaining to jurisdiction of guardianship or other
protective proceedings involving an adult. Terms defined
include:
●“Emergency” would mean a circumstance that
likely will result in substantial harm to a
respondent’s health, safety, or welfare, and for
which the appointment of a guardian is necessary
because no other person has authority and is
willing to act on the respondent’s behalf;
●“Home state” would mean the state in which the
respondent was physically present, including any
period of temporary absence, for at least six
consecutive months immediately before the filing of
a petition for a protective order or the appointment
of a guardian, or if none, the state in which the
respondent was physically present, including any
period of temporary absence, for at least six
consecutive months ending within the six months
prior to the filing of the petition; and
●“Significant-connection state” would mean a state,
other than the home state, with which a respondent
has a significant connection other than mere
3- 2359 physical presence and in which substantial
evidence concerning the respondent is available.
The bill would prescribe four factors the court must
consider in determining whether a significant
connection to a particular state exists:
○The location of the respondent’s family and
other persons required to be notified of the
guardianship or protective proceeding;
○The length of time the respondent at any time
was physically present in the state and the
duration of any absence;
○The location of the respondent’s property; and
○The extent to which the respondent has ties to
the state such as voting registration, state or
local tax return filing, vehicle registration,
driver’s license, social relationship, and
receipt of services.
Jurisdiction (New Sections 8 – 15)
Under the bill, the UAGPPJA would provide the
exclusive jurisdictional basis for establishing jurisdiction for
the purpose of appointing a guardian or issuing a protective
order for an adult. A Kansas court would have jurisdiction
when Kansas is the respondent’s home state or may exercise
jurisdiction as a significant-connection state when either:
●The respondent has no home state, or the home
state has declined jurisdiction in favor of Kansas;
or
●The respondent has a home state, but no
guardianship petition is pending in that state or
another significant-connection state, and before the
court makes the appointment or issues the order:
○No petition is filed in the home state;
4- 2359 ○No jurisdictional objections are filed by parties
required to be notified of the proceeding; and
○The Kansas court determines it is an
appropriate forum.
Kansas courts would also be able to exercise jurisdiction
within constitutional limits neither home state nor significant-
connection state jurisdiction exists and all other states with
potential jurisdiction have declined or the requirements for
special jurisdiction are satisfied. Kansas courts could have
special jurisdiction to:
●Appoint a guardian to a respondent physically
present in Kansas for a term not to exceed 90 days
in an emergency;
●Issue a protective order with respect to real or
tangible personal property located in Kansas; or
●Appoint a guardian or conservator for an
incapacitated or protected person who has been
granted a provisional order for transfer from
another state.
A Kansas court would be required to dismiss a petition
for the appointment of a guardian in an emergency upon
request of the respondent’s home state before or after the
emergency appointment.
Exclusive and continuing jurisdiction. Once a
Kansas court appoints a guardian or issues a protective
order, it would maintain exclusive and continuing jurisdiction
until the court terminates the proceeding or the appointment
or order expires by its terms.
Declining Jurisdiction. The bill would provide direction
to Kansas courts, including factors to be considered, in
determining whether a Kansas court should decline
jurisdiction in favor of a more appropriate forum for the
proceeding.
5- 2359 Jurisdiction acquired by unjustifiable conduct. The
bill would list remedies available to a court when it determines
that it acquired jurisdiction due to unjustifiable conduct by a
party.
Notice. The bill would provide that notice of a
proceeding involving a respondent whose home state is not
Kansas must be sent to those persons entitled to notice in the
respondent’s home state.
Concurrent petitions. The bill would provide direction
to Kansas courts in the case that a petition to appoint a
guardian or issue a protective order is brought in a Kansas
court and in another state and neither has been dismissed or
withdrawn.
Transfer of Proceedings (New Section 16 – 17)
The bill would outline procedures for the transfer of
guardianships or conservatorships appointed in Kansas to
another state. Such transfers would require a petition be filed
and could require a hearing before the court could issue an
order provisionally granting the petition, upon the court’s
finding of several facts, as specified by the bill.
For a guardianship or conservatorship to be transferred
from another state to Kansas, the guardian or conservator
would be required to file a petition with the Kansas court to
accept the transfer and would have similar notice and hearing
requirements as specified in the previous paragraph.
Nonresident Guardian or Conservator (New Sections 18 –
20)
The bill would provide that when a guardian or
conservator has been appointed in another state and no
petition for the same is pending in Kansas, the guardian or
conservator could register such protective arrangement in
Kansas by filing it as a foreign judgment in any county, as
6- 2359 appropriate. The bill would provide that upon registration, the
guardian or conservator would have all powers authorized in
the order of appointment except as prohibited by Kansas law
and subject to any conditions imposed by nonresident parties.
Uniformity, Electronic Signatures in Global and National
Commerce Act, Effective Date (New Sections 21 – 23)
Under the bill, consideration would be given to the need
to promote uniformity of the law in the enactment of the
UAGPPJA. The bill would also specify how the UAGPPJA
impacts the Electronic Signatures in Global and National
Commerce Act and would state the UAGPPJA would apply to
guardianship and protective proceedings begun on or after
January 1, 2026.
Kansas Uniform Guardianship, Conservatorship, and
Other Protective Arrangements Act (New Sections 24
– 135)
Definitions (New Section 25)
The bill would define several key terms that are used
throughout the KUGCOPAA, including:
●“Adult” would mean an individual at least 18 years
of age or an emancipated individual under 18 years
of age;
●“Conservator” would mean a person appointed by
a court to make decisions with respect to the
property or financial affairs of an individual subject
to conservatorship, and the term would also
include a co-conservator;
7- 2359 ●“Guardian” would mean a person appointed by the
court to make decisions with respect to the
personal affairs of an individual, and the term
would also include a co-guardian but would not
include a guardian ad litem;
●“Expressly and with informed consent” would mean
consent voluntarily given with sufficient knowledge
of the subject matter involved, including a general
understanding of the procedure, the medically
acceptable alternative procedures or treatments,
and the substantial risks and hazards inherent in
the proposed treatment or procedures, to enable
the person giving consent to make an
understanding and enlightened decision without
any element of force, fraud, deceit, duress, or other
form of constraint or coercion;
●“Guardian ad litem” would mean a person
appointed to inform the court about, and to
represent, the needs and best interest of an
individual;
●“Hydration” would mean water or fluid administered
in any manner;
●“Less restrictive alternative” would mean an
approach to meeting an individual’s needs which
restricts fewer rights of the individual than would
the appointment of a guardian or conservator. The
term would also include supported decision-
making, appropriate technological assistance,
appointment of a representative payee and
appointment of an agent by the individual, including
appointment under a power of attorney for health
care or power of attorney for finances;
●“Letters of office” would mean a record issued by a
court certifying a guardian’s or conservator’s
authority to act;
8- 2359 ●“Nutrition” would mean sustenance administered in
any manner;
●“Person” would mean an individual, estate,
business or nonprofit entity, public corporation,
government or governmental subdivision, agency,
or instrumentality, or other legal entity;
●“Person legally incapable of making health care
decisions” would mean any person who:
○Has been declared legally unable to make
decisions affecting medical treatment or care;
and
○In the reasonable medical judgment of the
attending physician, is unable to make
decisions affecting medical treatment or other
health care services; or
○Is a minor;
●“Reasonable medical judgment” would mean a
medical judgment that would be made by a
reasonably prudent physician, knowledgeable
about the case and the treatment possibilities with
respect to the medical conditions involved;
●“Respondent” would mean an individual for whom
appointment of a guardian or conservator or a
protective arrangement instead of guardianship or
conservatorship is sought; and
●“Supported decision making” would mean
assistance from one or more persons of an
individual’s choosing in understanding the nature
and consequences of potential personal and
financial decisions, which enables the individual to
make the decisions, and in communicating a
decision once made if consistent with the
individual’s wishes.
9- 2359 Principles of Law and Equity Supplemental to KUGCOPAA
(New Section 26)
The bill would provide that unless displaced by a
particular provision of KUGCOPAA, the principles of law and
equity would supplement its provisions.
Jurisdiction (New Section 27)
The bill would state what jurisdiction exists for
proceedings under KUGCOPAA dependent upon what type of
party is involved and would further provide that a district court
has jurisdiction over a guardianship or conservatorship for a
minor domiciled, present in, or having property in Kansas to
the extent jurisdiction is precluded by the Uniform Child
Custody Jurisdiction and Enforcement Act.
Transfer of Proceedings for Persons Not Subject to
UAGPPJA; Nonresident Guardian or Conservator (New
Section 28)
The bill would provide direction for the transfer of
proceedings under KUGCOPAA when the transfer of
proceedings as specified in the UAGPPJA do not apply.
The bill would also prescribe the procedure for the
appointment of a nonresident guardian or conservator to a
minor in Kansas when jurisdiction for the proceeding has
been established in Kansas.
Venue for Proceedings Involving Minor (New Section 29)
The bill would outline the appropriate venue for
guardianship, conservatorship, or protective arrangement
proceedings involving a minor in Kansas.
10- 2359 Rights of Parties in Proceedings (New Section 30)
The bill would specify the various rights that would be
afforded to both petitioner and respondent in any proceeding
under KUGCOPAA, including the right of a respondent to
demand a jury trial on the issue of whether a basis exists for
appointment of a guardian or conservator. The bill also would
allow the consolidation of multiple proceedings involving the
same individual as appropriate.
Letters of Office (New Section 31)
Under the bill, criteria would establish when letters of
office to a guardian or conservator may be issued. Such
letters would be issued upon the guardian or conservator
filing:
●An acceptance of appointment;
●An oath or affirmation as required by the Kansas
Probate Code;
●Evidence of completion of a basic instructional
program concerning the duties and responsibilities
of a guardian or conservator; and
●A personal information sheet containing any
personal identifying information about the guardian
or conservator required by the court, not to be
disclosed to the public.
The letters of office would be required to contain a
statement of any limitations on the powers of a guardian or
conservator or on the property subject to conservatorship and
to specify how co-guardians and co-conservators may act.
Under the bill, the court may limit the powers of a guardian or
conservator at any time after issuing new letters of office to
reflect the limitation and providing notice to appropriate
parties.
11- 2359 The bill would direct the Kansas Judicial Council to
prepare a basic instructional program concerning the duties
and responsibilities of a guardian and conservator and would
allow the court to require any guardian or conservator
appointed prior to January 1, 2026, to complete such
program.
Personal Jurisdiction; Resident Agents (New Section 32)
The bill would provide that on acceptance of
appointment, a guardian or conservator would submit to
personal jurisdiction of the Kansas court with jurisdiction over
the proceeding.
The bill would require every nonresident guardian or
conservator to appoint an individual Kansas resident or a
corporation, limited partnership, limited liability partnership,
limited liability company, or business trust that has its
principal place of business in Kansas to act as a resident
agent. The bill would enumerate the resident agent’s duties.
Co-Guardians and Co-Conservators (New Section 33)
The bill would allow co-guardians and co-conservators
to be appointed by a court and would require the letters of
office state how such co-guardians or co-conservators may
act.
Successor Guardian or Conservator (New Section 34)
The bill would allow a successor guardian or
conservator appointed by a court to serve immediately or
upon some designated event, upon petition of a party
authorized to petition for guardian or conservator.
12- 2359 Corporation as Guardian (New Section 35)
The bill would provide that any corporation organized
under the Kansas General Corporation Code and certified by
the Secretary for Children and Families may act as a
guardian under KUGCOPAA. The bill would direct the
Secretary establish criteria to determine whether the
corporation should be certified and would provide further
guidance on what the criteria should include. The Secretary
would be authorized to adopt rules and regulations related to
the certification of corporations as guardian.
The bill would prohibit any corporation that provides
care, treatment, or housing, or is owner, part owner, or
operator of any adult care home, lodging establishment, or
institution that houses the individual subject to guardianship
from being appointed as that individual’s guardian.
Termination of Appointment (New Section 36)
A guardian or conservator appointment would terminate
upon the guardian’s or conservator’s death, removal, or
resignation, if the resignation is approved by the court. Death,
removal, or resignation of the guardian or conservator would
not affect any liability that may arise out of the protective
arrangement.
Notice Required Under KUGCOPAA (New Sections 37 – 38)
The bill would specify what is required for proper notice
of a hearing under KUGCOPAA and would prohibit a
respondent, individual subject to guardianship,
conservatorship, or other protective arrangement from
waiving notice. However, any other person could waive notice
in a signed record filed in the proceeding.
13- 2359 Appointment of Guardian ad Litem (New Section 39)
The bill would authorize the court to appoint a guardian
ad litem at any time if it determines the individual’s interest
otherwise would not be adequately represented. A guardian
ad litem may be appointed to represent multiple individuals or
interests if no conflict of interest exists but could not also be
the attorney representing the respondent.
Request for Notice (New Section 40)
The bill would provide that a person may file with the
court a request for notice of proceedings under KUGCOPAA if
not otherwise entitled to notice or if interested in the welfare
of a respondent or individual subject to guardianship,
conservatorship, or other protective arrangement.
Disclosures Required of Guardian or Conservator (New
Section 41)
The bill would specify what a guardian or conservator
must disclose to the court before accepting appointment
related to prior convictions, insolvency, or prior acts of abuse
or neglect.
Compensation and Reimbursement for Services Provided to
Respondent; Costs (New Sections 42)
The bill would describe when an attorney or other
person whose services resulted in an order beneficial to a
respondent or person subject to guardianship,
conservatorship, or protective arrangement is entitled to
reasonable compensation and reimbursement for reasonable
expenses from the property of that respondent or person,
subject to the court’s approval.
14- 2359 The bill would also provide that costs incurred as a
result of a proceeding brought under KUGCOPAA would be
paid by the county in which the respondent or person under
guardianship or conservatorship resides.
Compensation and Reimbursement for Guardian or
Conservator (New Section 43)
Guardians and conservators would also be entitled to
reasonable compensation and expenses from the
respondent’s property under KUGCOPAA, subject to the
court’s approval. The court would be required to consider a
number of factors, as specified by the bill, in determining what
is reasonable compensation.
Fiduciary Responsibility Instruction (New Section 45)
The bill would provide that a guardian or conservator
may petition the court for a instruction concerning fiduciary
responsibility or for ratification of a specific act related to the
guardianship or conservatorship.
Exceptions to Guardian or Conservator Authority (New
Section 46)
The bill would outline when the authority of a guardian or
conservator to act on behalf of the individual may be rejected.
Third Party Service Providers (New Section 47)
The bill would provide that a guardian or conservator
may retain third parties to provide services to an individual if
consistent with the fiduciary duties of the guardian or
conservator. The guardian or conservator would be required
to exercise reasonable care, skill, and caution with respect to
the retention of such third parties.
15- 2359 Temporary Substitute Guardians or Conservators (New
Section 48)
The bill would specify when a court may appoint a
temporary substitute guardian or conservator for a period not
to exceed six months and would provide related procedural
guidance for such appointments.
Nonresident Guardian or Conservator (New Section 49)
The bill would provide that when a guardian or
conservator has been appointed in another state and no
petition for the same is pending in Kansas, the guardian or
conservator could register such protective arrangement in
Kansas by filing it as a foreign judgment in any county, as
appropriate. Under the bill, a guardian or conservator would
have all powers authorized in the order of appointment upon
registration, except as prohibited by Kansas law and subject
to any conditions imposed by nonresident parties.
Grievance Process (New Sections 50)
The bill would outline the process by which an adult who
is subject to guardianship or conservatorship or person
interested in the welfare of that individual may file a grievance
related to the arrangement. The court would be required to
schedule a hearing if it finds the grievance supports a
reasonable belief that removal, termination, or modification of
the guardianship or conservatorship may be appropriate. The
court could take any action supported by the evidence. The
court could decline to act upon a subsequent grievance if a
similar grievance was filed within the previous six months.
16- 2359 Provisions Specific to Minor Guardianships (New Sections 51
– 63)
When appointment may be made. The court could
appoint a guardian if it finds the appointment is in the minor’s
best interests, and:
●Each of the minor’s parents have given consent;
●All parental rights have been terminated;
●There is clear and convincing evidence that the
parents are unwilling, unable, or unfit to exercise
the powers of a guardian; or
●There is clear and convincing evidence that highly
unusual or extraordinary circumstances exist that
cause the court to appoint the guardian over the
objection of a parent.
Petition for minor guardianship. Under the bill, a
minor or person interested in the welfare of the minor may file
a petition for the appointment of a guardian for the minor and
would specify what information the petition must contain.
Hearing and notice. The bill would require a court to
schedule a hearing upon the filing of the petition for minor
guardianship, would describe who must be given notice for
the hearing, and would specify what information such notice
must contain.
Appointment of attorney. The bill would require the
court to appoint an attorney to represent the minor subject to
guardianship in certain circumstances. The court could also
appoint an attorney to represent a parent of the minor if it
determines there is a need for such representation.
17- 2359 Participation in hearing. The bill would prescribe who
must participate in the hearing for minor guardianship, who
may be excused from participation, and who may participate
upon request.
Rules applicable to appointment. The bill would
provide certain rules that would apply when the court has
found an appointment of a guardian for a minor is proper,
including what persons may be considered to be a guardian,
who must receive notice of the appointment, and when such
notice is insufficient.
Standby guardians. The bill would describe the
process for appointing a standby guardian when no parent of
the minor is willing or able to exercise the duties and powers
granted to the guardian. Standby guardians could be
appointed upon petition by a parent or a person nominated by
a parent and the court’s finding that no parent of the minor
likely will be able or willing to care for or make decisions with
respect to the minor not later than two years after the
appointment.
Emergency guardians. The bill would allow a court to
appoint an emergency guardian for a minor in certain
circumstances. Emergency guardianships could not exceed
30 days (with a limit of three extensions not more than 30
days each) and the guardian could only exercise the powers
specified in the appointment. The bill would prescribe who
must be provided reasonable notice of the hearing on
emergency guardianship. Under the bill, the court could
remove an emergency guardian at any time and the
appointment of an emergency guardian could not provide a
basis for the determination that a non-emergent guardianship
is otherwise necessary.
18- 2359 Duties and powers of minor’s guardian. The bill
would enumerate the duties of a guardian, specifying that
such guardian is a fiduciary and has the duties of a parent
regarding the minor’s support, care, education, health, safety,
and welfare. The guardian would be required to act in the
minor’s best interest and exercise reasonable care, diligence,
and prudence.
The bill would provide that a guardian would have the
powers a parent otherwise would have regarding the minor,
except as limited by court order, and would enumerate
specific powers.
Authority over minor’s estate. The bill would prohibit a
guardian for a minor from exercising any control or authority
over the minor’s estate, unless specifically authorized by the
court. If so authorized, the court would require the guardian to
prepare an inventory of the minor’s estate and require the
posting of a bond in certain circumstances.
Termination of minor’s guardian. The bill would
prescribe in what circumstances a minor’s guardianship may
be terminated and related requirements for such termination.
Plan of care for minor. The bill would provide that a
court may require, or the minor may choose, to develop a
plan of care for the minor, taking into account the minor’s
needs, best interest, and preferences, to the extent known or
reasonably ascertainable by the guardian. The bill would
specify items that may be included in such plan. The minor,
parent, or any other person entitled to notice related to the
minor guardianship could object to the plan in writing within
21 days of the plan’s filing.
Provisions Specific to Adult Guardianships (New Sections 64
– 82)
When appointment may be made. The court could
appoint a guardian for an adult if it finds by clear and
convincing evidence that:
19- 2359 ●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 supportive
decision making; and
●The respondent’s identified needs cannot be met
by a protective arrangement instead of
guardianship or other less restrictive alternative.
Under the bill, the court would be required to grant a
guardian only those powers necessitated by the
demonstrated needs and limitations of the respondent and it
would direct the court to issue orders that will encourage
development of the respondent’s maximum self-determination
and independence.
Petition for adult guardianship. The bill would allow
the adult subject to guardianship and any person interested in
that adult’s welfare to file a petition for the appointment of a
guardian for the adult and it would specify what information
the petition must contain.
Hearing and notice. The bill would require a court to
schedule a hearing upon the filing of the petition for adult
guardianship, describe who must be given notice for the
hearing, and specify what information such notice must
contain.
Appointment of court liaison. The court could appoint
a court liaison with training or experience in the type of
abilities, limitations, and needs alleged in the petition for
guardianship to interview the respondent and obtain the
respondent’s views on the proposed appointment of
guardianship. The court liaison would also be authorized to
investigate allegations contained in the petition and any other
matter related to the petition as directed by the court. If a
court liaison is appointed, such liaison would be required to
20- 2359 file a report at least 10 days prior the hearing on the petition
or other hearing as directed by the court. The bill would
prescribe what information must be included in the report.
Appointment of attorney. The bill would require the
court to appoint an attorney to represent the respondent,
regardless of the respondent’s ability to pay. The bill would
specify the duties of the attorney would be to:
●Make reasonable efforts to ascertain the
respondent’s wishes;
●Advocate for the respondent’s wishes to the extent
reasonably ascertainable; and
●Advocate for the result that is the least restrictive in
type, duration, and scope, consistent with the
respondent’s interests, if the respondent’s wishes
are not reasonably ascertainable.
The bill would also describe the attorney’s duties to
inform the respondent of other relevant details of the
proceeding.
Prima facie case for appointment of guardian. If the
contents of a petition or evidence at the hearing support a
prima facie case of the need for a guardian, the court would
be required to order an an examination and evaluation of the
respondent’s alleged cognitive and function abilities and
limitations. The bill would specify what information related to
the examination or evaluation must be included in the report
and would require the professional who prepared the report to
submit it at least five days prior to the date of the trial.
Participation in hearing. The bill would require the
respondent to attend the guardianship hearing before the
guardianship could proceed and would allow the court to hold
the hearing in an alternative location convenient to the
respondent or allow the respondent to attend using real-time
audio-visual technology. The bill would outline circumstances
21- 2359 in which participation of a respondent would not be required
and would specify the rights granted to a respondent who
chooses to participate in the hearing.
Sealing of records related to guardianship; access
to records. While records related to guardianship
proceedings for adults would generally be treated as public
records, the bill would describe circumstances in which
records may be sealed. The bill would specify who would be
entitled to access court records related to the guardianship
proceeding. The bill would require that reports made by court
liaisons or professional evaluators of cognitive and functional
abilities be sealed upon filing but could be accessed by
certain specified individuals.
Order of priority for guardian. The bill would establish
an order of priority for persons qualified to be guardian of an
adult and would prescribe rules to follow when equal priority
may exist.
Court order appointing guardian. The bill would
specify what information must be included in a court order
appointing a guardian for an adult.
Notice required after appointment made. The bill
would require a copy of the appointment be given to the adult
subject to the guardianship and all other persons entitled to
notice within 14 days of the order for appointment is issued.
The bill would also require, within 30 days of the appointment,
a statement of the rights of the adult subject to the
guardianship and available remedies to seek relief if those
rights are denied be given to the adult subject to
guardianship.
Emergency guardian for adult. The bill would allow a
court to appoint an emergency guardian for an adult in certain
circumstances. Emergency guardianships could not exceed
30 days (with a limit of three extensions not more than 30
days each) and the guardian could only exercise the powers
specified in the order of appointment. The bill would specify
22- 2359 who must be provided reasonable notice of the hearing on
emergency guardianship. The bill would provide that the court
could remove an emergency guardian at any time, and the
appointment of an emergency guardian could not provide a
basis for the determination that a non-emergent guardianship
is otherwise necessary.
Duties and powers of guardian. The bill would
enumerate the duties of a guardian for an adult, specifying
that such guardian is a fiduciary and must strive to assure
that the personal, civil, and human rights of the adult subject
to the guardianship are protected. The guardian would be
required to promote the self-determination of the adult and, to
the extent reasonably feasible, include the adult in decision
making, act on the adult’s own behalf, and develop or regain
the capacity to manage the adult’s personal affairs. The bill
would specify certain actions the guardian would be required
to take in furtherance of the above-stated goals.
The bill would require the guardian to make the decision
the guardian reasonably believes the adult would make if the
adult were able unless doing so would unreasonably harm or
endanger the welfare or personal or financial interests of the
adult. In determining the decision the adult would make if
able, the guardian would be required to consider, to the
extent actually known or reasonably ascertainable, the
adult’s:
●Current or previous directions;
●Preferences;
●Opinions;
●Cultural practices;
●Religious beliefs; and
●Values and actions.
The bill would enumerate the specific actions a guardian
could take regarding the adult subject to guardianship, except
as limited by court order.
23- 2359 Limitations on powers of guardian. The bill would
specify those actions which a guardian would be prohibited
from taking on behalf of an adult subject to guardianship and
would provide applicable guardrails on actions that may be
taken by the guardian.
Authority over adult’s estate. The bill would prohibit a
guardian for an adult from exercising any control or authority
over the adult’s estate unless specifically authorized by the
court. If so authorized, the court would require the guardian to
prepare an inventory of the adult’s estate and require the
posting of a bond in certain circumstances.
Plan of care for adult. The bill would provide that a
court may require, or the adult may choose, to develop a plan
of care for the adult, taking into account the adult’s needs,
best interest, preferences, values, and prior directions to the
extent known or reasonably ascertainable by the guardian.
The bill would specify items that may be included in such
plan. The adult or any other person entitled to notice related
to the adult guardianship could object to the plan in writing
within 21 days of the plan’s filing.
Annual report. The bill would require a guardian to file
an annual report with the court regarding the conditions of the
adult and accounting for funds and other property in the
guardian’s possession or control. The court could also require
this report be filed at any other time in addition to the annual
requirement. The bill would specify what information must be
contained in the report and would allow the court appoint a
court liaison to review this report.
Removal of guardian for good cause. The bill would
allow a court to remove a guardian for an adult for failure to
perform the guardian’s duties or for other good cause and
appoint a successor guardian, upon petition and after a
hearing on the removal.
24- 2359 Petition for termination or modification. The bill
would allow the adult subject to guardianship, the guardian,
or a person interested in the welfare of the adult petition for
termination or modification of the guardianship. The bill would
specify what information would be required to be included in
the petition and provide related hearing and notice
requirements for such petitions.
Provisions Specific to Conservatorships (New Sections 83 –
118)
[Note: Many provisions applicable to conservatorships in
KUGCOPAA would be substantially similar to those described
in the sections governing guardianships. Only substantive
variations from provisions previously described and
provisions exclusive to conservatorships are described
below.]
Appointment of conservator for minor. The court
could appoint a conservator for the property of financial
affairs of a minor if it finds by a preponderance of the
evidence that:
●The minor owns funds or other property exceeding
$25,000 in value derived from court settlements,
death transfers, or sources other than the minor’s
employment earnings or accounts established
under the Uniform Transfers to Minors Act and
either:
○The minor owns funds or other property
requiring management or protection that
otherwise cannot be provided;
○The minor has or may have financial affairs
that may be put at unreasonable risk or
hindered because of the minor’s age; or
○Appointment is necessary or desirable to
obtain or provide funds or other property
needed for the support, care, education,
health, or welfare of the minor.
25- 2359 Appointment of conservator for adult. The court
could appoint a conservator for the property or financial
affairs of an adult if the court finds by clear and convincing
evidence that:
●The adult is unable to manage property or financial
affairs because:
○Of a limitation in the adult’s ability to receive
and evaluate information or make or
communicate decisions, even with the use of
appropriate supportive services, technological
assistance, or supported decision making; or
○The adult is missing, detained, or unable to
return to the U.S.;
●Appointment is necessary to:
○Avoid harm to the adult or significant
dissipation of the property of the adult; or
○Obtain or provide funds or other property
needed for the support, care, education,
health, or welfare of the adult or of an
individual entitled to the adult’s support; and
○The adult’s identified needs cannot be met by
a protective arrangement instead of
conservatorship or other less restrictive
alternative.
Ex parte orders to preserve and apply property. The
bill would allow the court to issue an order to preserve and
apply property of the respondent to support the respondent or
respondent’s dependent, without notice to others, while a
petition for conservatorship is pending. The court would be
allowed to appoint an emergency conservator to assist in
implementing the order.
Petitions for relief by individual subject to
conservatorship. An individual subject to conservatorship or
26- 2359 a person interested in that individual’s welfare would be able
to petition for an order:
●Modifying bond requirements;
●Requiring an accounting for the administration of
the conservatorship estate;
●Directing distribution;
●Removing the conservator and appointing a
temporary or successor conservator;
●Modifying the type of appointment or powers
granted to the conservator;
●Rejecting or modifying the conservator’s plan,
inventory, or report; or
●Granting other appropriate relief.
Bond requirements. The bill would outline when a court
may require a conservator to furnish a bond with a surety, or
require an alternative asset-protection arrangement,
conditioned on faithful discharge of all duties of the
conservator. The court could waive the bond requirement only
if it finds that it is not necessary to protect the interests of the
individual subject to conservatorship. The bill would also
enumerate rules that apply to such bonds.
Best interest of individual subject to
conservatorship. The bill would specify when a conservator
would be authorized to act in accordance with the best
interest of the individual subject to the conservatorship and
would specify factors that must be considered by the
conservator in making the best interest determination.
Expenditures or distributions of estate absent court
authorization. The bill would specify when a conservator
may make, expend, or distribute income or principal of the
27- 2359 conservatorship estate without specific court authorization.
The bill would list factors that the conservator must consider
in making such expenditures or distributions.
Court authorization required before certain powers
exercised. The bill would specify 16 actions that require
specific court authorization before the conservator may take
such action and would outline the procedure for the court
hearing and approval of the action.
Conservator’s plan. The bill would require a
conservator to file with the court a plan for protecting,
managing, expending, and distributing the assets of the
conservatorship estate, based on the needs of the individual
subject to the conservatorship and taking into account the
best interest of the individual within 60 days of the
appointment of conservator.
Inventory of estate. The bill would require a
conservator to prepare and file with the appointing court a
detailed inventory of the conservatorship estate and
information regarding title and beneficiary designations within
60 days of appointment.
Property rights of individual subject to
conservatorship. The bill would specify the individual’s
interest in property included in the conservatorship estate is
not transferable or assignable by the individual and is not
subject levy or garnishment unless allowed as a claim against
the estate pursuant to KUGCOPAA. The bill would also
specify how contracts entered into with a person subject to
conservatorship would be affected.
Substantial conflicts voidable. The bill would specify a
transaction involving the conservatorship estate that is in
substantial conflict with the conservator’s fiduciary duties and
the conservator’s personal interests is voidable unless
authorized by the court.
28- 2359 Good faith dealings with conservator. The bill would
specify any person who deals or assists a conservator in
good faith and for value would be protected against any claim
that the conservator did not properly execute his or her power
in the transaction.
Death of individual subject to conservatorship. Upon
the death of an individual subject to a conservatorship, the
conservator would be required to:
●Conclude administration of the conservatorship
estate;
●Deliver any will of the individual in the
conservator’s possession; and
●Give notice of such delivery to anyone entitled to it.
Claims against estate. The bill would specify a
conservator may pay a claim against the conservatorship
estate or the individual subject to conservatorship and would
provide instruction on how a claimant may bring a claim. The
bill would also instruct on the priority of claims in the case
where an estate is likely to be exhausted before all claims are
paid.
Liability of conservator. The bill would specify when a
conservator is or is not personally liable for some transaction
involving the administration of the conservatorship estate.
Extension of minor conservatorship. The bill would
allow a minor to extend a conservatorship until the age of 21
if the minor consents or the court finds by clear and
convincing evidence that substantial harm to the minor’s
interests is likely without such extension. A conservatorship
could be extended for two additional two-year terms pursuant
to the bill. Any extension granted would require the
conservator to provide a plan describing how the minor’s
assets would be distributed under the extension.
29- 2359 Limitations on transfers involving minor. The bill
would provide that transfers involving minors could not
exceed $25,000 in a 12-month period and would limit such
transfers to certain persons and entities to pay for the
support, care, education, health, or welfare of the minor.
Funds not used for these purposes would be required to be
preserved for future support of the minor, and if any balance
remains when the minor becomes an adult or is emancipated,
such balance would be required to be transferred to the
minor.
Parent’s responsibility to hold minor’s property in
trust. The bill would specify a parent has the right and
responsibility to hold in trust and manage for the minor’s
benefit all personal and real property vested in the minor
when the property does not exceed $25,000, unless a
guardian or conservator has been appointed for the minor.
Court authorized to make deposit or payment on
behalf of minor without conservator. The bill would allow a
court that has control over or possession of money not
exceeding $100,000, the right to which is vested in the minor,
to deposit the money in an account, payable to a conservator
or to the minor upon turning 18. The bill would allow a court
that has control over or possession of money not exceeding
$25,000, which has vested in the minor, to pay the money to
any person.
Court authorized to make deposit on behalf of adult.
The bill would allow a court that has control over or
possession of money not exceeding $25,000, which is vested
in an adult subject to guardianship, to deposit the money in
an account, payable to a conservator or to the adult subject to
guardianship upon termination of the guardianship.
Provisions Specific to Protective Arrangements (New
Sections 119 – 135)
[Note: Many provisions governing protective
arrangements in KUGCOPAA would be substantially similar
30- 2359 to those described in the previous sections governing
guardianships and conservatorships. Only substantive
variations from provisions previously described and
provisions exclusive to protective arrangements are
described below.]
When protective arrangement may be ordered
instead of guardianship. Upon a finding by clear and
convincing evidence that a protective arrangement instead of
a guardianship should be ordered, the court may:
●Authorize or direct a transaction necessary to meet
the respondent’s need for health, safety or care,
including:
○A particular medical treatment or refusal of a
particular medical treatment;
○A move to a specified place of dwelling; or
○Visitation between the respondent and
another person;
●Order supervised visitation with, or restrict access
to the respondent by, a specified person whose
access places the respondent at serious risk of
physical, psychological, or financial harm; and
●Order other arrangements on a limited basis that
are appropriate.
When protective arrangement may be ordered
instead of conservatorship. Upon a finding by clear and
convincing evidence that a protective arrangement instead of
a conservatorship should be ordered, the court may:
●Authorize or direct a transaction necessary to
protect the financial interest or property of the
respondent, including:
○An action to establish eligibility for benefits;
31- 2359 ○Payment, delivery, deposit, or retention of
funds or property;
○Sale, mortgage, lease, or other transfer of
property;
○Purchase of an annuity;
○Entry into a contractual relationship, including
a contract to provide for personal care,
supportive services, education, training, or
employment;
○Addition to or establishment of a trust;
○Ratification or invalidation of a contract, trust,
will, or other transaction, including a
transaction related to the property or business
affairs of the respondent; or
○Settlement of a claim; or
●Restrict access to the respondent’s property by a
specified person whose access to the property
places the respondent at serious risk of financial
harm.
Appointment of facilitator. The bill would allow a court
to appoint a facilitator to assist in implementing a protective
arrangement under KUGCOPAA.
Judicial Council forms. The bill would require that the
Judicial Council develop forms for the purposes of
KUGCOPAA.
Uniformity; Electronic Signatures in Global and
National Commerce Act; effective date. The bill would
specify consideration must be given to the need to promote
uniformity of the law in the enactment of KUGCOPAA, would
specify how the KUGCOPAA impacts the Electronic
Signatures in Global and National Commerce Act, and would
state the KUGCOPAA would apply to guardianships,
conservatorships, and protective arrangements commenced
on or after January 1, 2026.
32- 2359 Conforming Amendments (New Sections 136 – 166)
The bill would make several technical amendments to
various statutes to reflect references to the UAGPPJA and
KUGCOPAA.
Background
The bill was introduced by the House Committee on
Judiciary at the request of a representative of the Kansas
Judicial Council.
In 2020, the Judicial Council asked its Guardianship and
Conservatorship Advisory Committee to review Kansas
guardianship and conservatorship statutes, which had last
been updated in 2002. The Judicial Council also asked the
Advisory Committee to review two uniform acts concerning
the topic. In December 2024, the Advisory Committee
recommended Kansas adopt the UAGPPJA in its uniform
version and a modified version of the UGCOPAA.
House Committee on Judiciary
In the House Committee hearing, representatives of the
Guardianship and Conservatorship Advisory Committee of
the Kansas Judicial Council and the U.S. Department of
Defense provided proponent testimony. The proponents
generally stated adopting the two acts would resolve
interstate jurisdictional conflicts pertaining to guardianships,
would increase the sense of self-determinism and agency for
individuals subject to guardianship or conservatorship, and
would authorize less restrictive alternatives to full
guardianship or conservatorship.
Written-only proponent testimony was provided by a
representative of the Office of the State Long-Term Care
Ombudsman.
33- 2359 Opponent testimony was provided by representatives of
Big Tent Coalition, Disability Rights Center of Kansas,
Kansans for Life, Kansas Catholic Conference, and Self
Advocate Coalition of Kansas. The opponents expressed
concern regarding the amount of discretion a guardian would
have to make certain end-of-life decisions.
Written-only opponent testimony was provided by a
representative of the Kansas Council on Developmental
Disabilities.
Neutral testimony was provided by a representative of
the National Council on Severe Autism.
No other testimony was provided.
The House Committee amended the bill to incorporate
additional provisions regarding a guardian’s ability to make
certain end-of-life decisions.
Fiscal Information
No fiscal note was available at the time the House
Committee took action on the bill.
Guardianship; conservatorship; jurisdiction; protective arrangements; uniform act;
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; Kansas
Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act
34- 2359