KansasHB 23592025–2026 Regular SessionHouseWALLET

Enacting the uniform adult guardianship and protective proceedings jurisdiction act and the uniform guardianship, conservatorship and other protective arrangements act.

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Bill Overview

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47 provisions identified: 32 benefits, 1 costs, 14 mixed.

Adults gain safeguards for life-sustaining care

The law presumes an adult under guardianship directs the guardian to provide enough nutrition and hydration to sustain life. Stopping nutrition, hydration, or other life-sustaining care requires an informed written directive made while legally capable that specifically covers the current circumstances, or the medical-certification and court process. For nutrition or hydration, the treating doctor must certify it would hasten death or cannot be digested or absorbed to sustain life. For other care, the treating doctor must certify severe illness and that care is objectively futile and only prolongs dying; a second doctor or available medical ethics committee must agree. Both certification routes require a motion, notice, a court-appointed attorney, and a hearing within 72 hours or as soon afterward as the court is available, with clear and convincing evidence before action.

Adults can challenge or end guardianship

An adult, guardian, or interested person can ask the court to change or end an adult guardianship. After a hearing, the court must end it unless a legal basis continues, and adjust powers that no longer fit. Courts can remove guardians for failing their duties or other good cause and appoint replacements. Hearings are required when qualifying requests, reports, or court findings support review, including deficient or overdue annual reports for removal. Courts can decline a removal hearing based on the same or similar facts raised in the preceding six months.

Courts must limit guardianship and conservatorship

Beginning January 1, 2026, Kansas requires clear and convincing proof that less restrictive help cannot meet an adult’s needs. Adult conservatorships also require proof that financial management is needed to prevent harm or provide support. Full appointments must explain why limited powers are not enough; limited orders must list the powers granted. A minor can receive a conservator for qualifying property over $25,000, excluding job earnings and Uniform Transfers to Minors Act accounts. Adult guardian orders set a 90-day review and identify notice recipients; spouses and adult children generally receive notice unless it conflicts with the adult’s wishes or best interests. Guardian selection follows priority rules, requires stronger proof for certain paid care providers, and considers individuals serving over 15 other cases.

Emergency guardians can protect adults temporarily

Courts can appoint an emergency guardian when probable cause shows imminent, substantial harm to an adult’s health, safety, or welfare. A basis for guardianship must exist, and nobody else with authority can be willing to act. Appointments last up to 30 days, with up to three 30-day extensions requiring good cause and continued emergency conditions. Appointment without notice requires a finding that substantial harm will occur before a hearing with notice can be held. The court must then give notice within 48 hours and hold a hearing within five days.

Emergency guardians can protect children quickly

Courts can appoint an emergency guardian when probable cause shows imminent, substantial harm to a child’s health, safety, or welfare. No other person can have both authority and willingness to act. Appointments last up to 30 days, with up to three additional 30-day extensions for good cause while the need continues. If the court acts without notice, it must hold a hearing within seven days.

Guardians must respect adults’ choices

Guardians must protect adults’ rights, support their participation, maintain personal contact, and monitor services. They must follow the adult’s likely choices unless unreasonably dangerous; otherwise, they must act in the adult’s best interest. Guardians must immediately report regained decision-making ability and give unspent money and property to an appointed conservator at least quarterly. Without a court order or protective measure, contact limits require good cause to believe someone risks significant physical, psychological, or financial harm. Those limits last at most 7 business days for family or existing social contacts, or 60 days for others.

Lawyers and participation rights in court

Courts must appoint lawyers for adults facing guardian appointment and unrepresented people facing conservator appointment, regardless of ability to pay. Lawyers must seek and advocate for the person’s wishes, or seek the least restrictive suitable outcome when wishes cannot be learned. A minor’s parent also receives a lawyer when the court finds representation is needed. Hearings generally require the affected person’s attendance, with reasonable efforts to offer another location, live video, or participation help. People can present and question evidence; proceeding without them requires clear and convincing proof of a legal ground. Adult guardianship hearings must close on request when good cause is shown, and proposed conservators generally must attend unless excused for good cause.

Targeted court help instead of guardianship

Individuals and specified interested people can ask for a limited protective arrangement instead of a guardian or conservator. Courts can also consider this option during an appointment case. For personal care, clear and convincing proof must show that essential needs remain unmet despite supports and no less restrictive option works. Orders can address treatment, moves, visits, or access by someone posing a serious risk. Financial orders require clear and convincing proof of an adult’s inability to manage money, a need to prevent harm or provide support, and no adequate less restrictive option. For minors, courts use a more-likely-than-not evidence standard, apply property-management or support requirements, and consider parents’ wishes and the child’s wishes starting at age 12.

Conservators must secure the assets managed

Courts generally must require a conservator’s bond or another arrangement protecting the person’s assets. The bond generally equals the estate’s capital value plus one year’s estimated income, minus specified property values. Courts can waive protection only when unnecessary, and generally cannot waive it for paid professional conservators. Qualified, regulated financial institutions doing trust business in Kansas do not need a bond. The Department for Children and Families serves as surety for conservators contracted with the Kansas guardianship program.

Emergency orders protect money and support

Courts can appoint emergency conservators to prevent imminent, substantial, irreparable financial harm when probable cause supports a basis for conservatorship. No other authorized and willing person can be available, and powers are limited to the court’s order. Appointments last up to 30 days, with up to three 30-day extensions for good cause while emergency conditions continue. Courts must appoint a lawyer immediately, hold a hearing within five days, and give notice within 48 hours after a no-notice appointment. During a pending conservatorship case, courts can also preserve property after a preliminary hearing and use it for the person’s or actual dependents’ support.

Guardians need approval for asset access

Guardians cannot control an adult’s estate without specific court approval. Courts can grant this authority and waive bond only when initial combined funds and assets total $25,000 or less. Before using that authority, guardians must report its start or obtain permission to begin, as the court directs. If assets later exceed $25,000, guardians must follow the court’s required plan, conservator petition, or notice process. Access to an adult’s digital assets also requires court authorization under Kansas law.

Adults gain safeguards in guardian-directed healthcare

Guardians must involve adults in healthcare choices as far as reasonably feasible and help them understand options when practical. They must follow applicable healthcare declarations and consider treatment risks, benefits, and the adult's known or reasonably discoverable wishes and values. Psychosurgery, organ removal, and amputation need advance court approval, except emergencies threatening life or serious, irreversible physical harm. Sterilization needs court approval after a hearing with a court-appointed attorney for the adult. Experimental procedures or participation in experiments need prior approval from an institutional review board or a qualifying review committee.

Mental health care preserves separate rights

Mental health observation, treatment, or a related court order alone creates no presumption that someone needs a guardian or conservator. A guardian seeking an adult’s commitment must follow Kansas’s separate mental health commitment procedures.

Guardians face limits on adults’ housing

Guardians must consider the adult’s likely housing choice and use the least restrictive suitable setting. If that choice is unknown or unreasonably dangerous, the guardian must act in the adult’s best interest. Restrictive facility placements, primary-home sales, and surrendering the home’s lease generally need a plan, court approval, or 14 days’ advance notice without objection. An out-of-state move must follow the guardian’s plan and have a specific court order. Required recipients must receive notice within 30 days after a home change, including the address, setting, and the adult’s notice and objections.

Guardians control some treatment discharge requests

This rule covers adults admitted to alcohol or substance abuse treatment on a guardian's application or a court order under the act's treatment-admission provisions. In those cases, the legal guardian must make the written discharge request. The adult patient cannot make that request through this process.

Adults retain rights under guardianship

Guardians must give adults and specified notice recipients the appointment order within 14 days. Within 30 days, the court or its designee must explain the adult’s rights in plain language, including voting, marriage, participation, and seeking changes. Certain moves require at least 14 days’ notice unless included in the guardian’s plan or specifically authorized by court order. Communication limits require a court order, protective order, or the law’s harm-risk grounds. A guardian’s temporary good-cause limit lasts at most seven business days for family or existing social contacts, or 60 days for others.

Children's guardianship balances care and parents' rights

A court can appoint a guardian for a child without one only after a hearing and a best-interest finding. Parents must give informed consent, have lost parental rights, or meet another legal basis for appointment. Without those bases, clear and convincing evidence must show parents are unwilling, unable, or unfit, or that highly unusual or extraordinary circumstances justify appointment over a parent's objection. Courts must follow specified preferences for candidates named by parents and children, subject to the child's best interest.

Adult care plans receive ongoing review

Adult guardians must file care plans within 60 days and update them after significant changes or proposed departures. Plans cover housing, services, relationships, contact, goals, and charges, while reflecting the adult’s needs and wishes. Eligible recipients have 21 days to object; later plans cannot be approved until 30 days after filing. Guardians report at least annually, account for funds they manage, and submit special reports after major changes, including an estate reaching $25,000. Courts review reports at least annually and provide notice and copies within 14 days after filing.

Adult protective cases can cross states

Guardians and conservators can petition to transfer Kansas cases to another state, with receiving-court acceptance. Courts review objections, location or expected moves, adequate care for guardianships, and property-management arrangements and significant connections for conservatorships. Kansas can accept incoming cases unless a proven objection shows transfer conflicts with the adult’s interests or the appointee is ineligible. Final acceptance follows the transferring court’s final order. Within 90 days after receiving that order, Kansas must decide whether changes are needed to follow Kansas law.

Children gain guardianship lawyers and notices

Children age 12 or older who request a lawyer must receive one in guardianship cases. Courts must also appoint counsel when a guardian ad litem recommends it, the court finds it necessary, or a parent needs representation; children may hire counsel. Orders must give parents and other named people notice of home or school changes, limits on guardian powers, or guardian removal. On a parent’s or parent-nominee’s petition, courts can appoint a standby guardian if no parent is likely to provide care or decisions within two years. The standby guardian acts when no parent can or will act, after filing acceptance and subject to nomination, notice, and objection rules.

Evaluations help courts assess needed support

When evidence supports a basic case for guardianship or conservatorship, courts generally must order an examination and evaluation. A qualifying report filed with the petition can avoid another evaluation; conservatorship evaluators must be qualified and free of conflicts. Reports are due at least five days before trial, and written requests for further evaluation are due at least four days before trial. Courts can also appoint trained or experienced liaisons in adult guardianship cases. Unless the court orders otherwise, a liaison must interview the adult and report at least 10 days before the hearing.

Guardians gain privacy for identifying information

Courts cannot publicly release identifying information required in a guardian's or conservator's personal information sheet. This protection covers that identifying information, not all guardianship court records.

People can end unnecessary conservatorships

The individual, conservator, or another interested person can ask the court to end or change a conservatorship. After a hearing, courts must end it unless a legal basis continues, and change powers that are excessive or inadequate. A minor’s conservatorship ends by court order, adulthood unless extended, emancipation, or death. An adult’s conservatorship ends by court order or death.

People receive clear conservatorship rights notices

Conservators must provide appointment orders within 14 days to the affected person and other notice recipients. Within 30 days, the court or its designee must provide a plain-language rights statement to the person, conservator, and specified recipients. It explains participation, complaints, objections, record access, and how to seek changes or an end to the conservatorship. Statements must use at least 16-point type and, when feasible, a language the person knows; proof of service is required. Notice to the affected person is not required for children under 12 or people missing under the specified appointment ground.

Conservators must disclose plans and property

Conservators must file financial plans and detailed, sworn property inventories within 60 days of appointment. Plans cover resources, expenses, fees, services, the person’s involvement and wishes, and efforts to restore money-management skills. Inventories include income, ownership details, and beneficiaries; specified recipients receive notice within 14 days, and approved people can request administration records. Eligible recipients have 21 days to object to plans; significant changes require new plans, which cannot be approved before 30 days. Appointment orders set a 90-day plan-and-inventory review and identify notice recipients, generally including close family unless the required wishes or best-interest findings exclude them.

Conservators must safeguard wills after death

After the person dies, the conservator must close the conservatorship estate under the law’s estate-administration process. A conservator holding the person’s will must deliver it to district court and notify specified people. When feasible, the conservator must also inform the personal representative named in the will.

Courts can block financial exploitation

Courts can restrict someone’s access to a person or their property based on clear and convincing evidence of financial danger. Evidence must show harm or attempted harm through fraud, coercion, duress, deception, or control, plus serious risk of substantial financial harm. Courts can act even without making the findings needed for a protective arrangement instead of conservatorship.

Courts monitor conservators and question fees

Conservators report annually unless courts set another schedule, and also when leaving office, ending the case, or directed by court. Reports account for money, services, plan departures, disclosures, and whether the arrangement should continue; specified recipients receive copies within 14 days. Courts review reports and fees at least annually and must hold a hearing when requested fees appear unreasonable. The affected person or someone interested in their welfare can seek review of the conservator, bond, payments, powers, plans, or reports. For specified financial approvals, courts primarily consider what the person would choose, alongside taxes, benefits eligibility, estate plans, and other relevant factors.

Courts screen and oversee money managers

Courts consider qualified conservators in order: an existing out-of-state conservator, the person’s nominee, financial agent, spouse, caring person, then certain relatives’ nominees. They choose the best-qualified tied candidate using relationships, wishes, values, and ability; they can depart from priority for the person’s best interest. Covered paid providers and care-facility connections need clear and convincing evidence that they are best qualified and appointment serves the person’s best interest. Courts can appoint liaisons to investigate or explain minor cases; adult liaisons need relevant experience, an in-person interview, and a report at least 10 days before hearing unless ordered otherwise. Courts can remove conservators for failed duties or other good cause and must use selection priorities for replacements.

Families get simpler options for children’s money

Parents can hold and manage a child’s property in trust when its total value is no more than $25,000 and no guardian or conservator exists. Someone unaware of an appointed or pending conservatorship can transfer up to $25,000 per 12 months through approved caregivers, guardians, custodians, or accounts. Caregivers and guardians must use transfers for the child, preserve unused funds, and take no personal gain beyond necessary-expense reimbursement. Direct bank deposits require an interest-bearing account solely in the child’s name and notice to the child. Courts holding a child’s money can deposit up to $100,000 without a conservator or bond, payable to a later conservator or the child at 18. Courts can also order payments up to $25,000 to the child or someone holding it in trust, and may waive or recommend waiving a conservator-recipient’s bond.

Guardians face conflict and accountability rules

A corporation cannot serve as guardian for someone it provides with care, treatment, or housing. The same ban covers corporations that own, partly own, or operate a facility providing those services. Guardians and conservators need court approval to resign. Death, removal, or resignation does not erase responsibility for past actions or duties to account for actions, money, and property. The mistreatment definition now covers taking or controlling an elder's or dependent adult's property for someone's benefit through violations of the new act.

Major conservator deals face court checks

Conservators generally need notice and specific court approval for covered gifts, property deals, leases, trusts, insurance or annuity decisions, and marital litigation. Very small gifts are exempt; specified gifts or transfers can follow a plan approved by the court and the person’s lawyer. Deals involving major conflicts with the conservator’s personal interests can be undone unless approved after required notice. This includes covered dealings with relatives, associates, and businesses. Investments outside the law’s allowed categories require a verified petition, hearing, and evidence of the investment’s value and advisability.

Child custodians can approve specified care

For children under court jurisdiction, a custodian or the custodian's agent can approve specified medical or surgical care when parents are unavailable or refuse consent. That authority is subject to the act's treatment limits. A custodian's treatment authority for a child found by a court to need care is also subject to those limits.

Children's workplace injury payments gain protections

A workers' compensation judge can direct that money owed to a minor be paid under the new protective-arrangement law. This is a payment-handling option, not a requirement for every award. It does not change the amount owed.

Kansas recognizes out-of-state guardianship orders

Beginning January 1, 2026, upon publication in the statute book, the law replaces listed older guardianship statutes. Out-of-state guardians and conservators can register appointments in Kansas when no matching Kansas petition is pending. They must notify the appointing court and file the required certified papers. Registration lets them use and seek enforcement of their authorized powers, except those Kansas law bars. Nonresidents remain subject to conditions that apply to nonresident parties.

Children’s conservatorships can continue after adulthood

A child’s conservatorship can continue past 18 with consent or clear and convincing proof that ending it risks substantial harm. It can last until 21, followed by up to two additional two-year extensions. Requests must include a proposed distribution, its factual basis, and a conservator’s plan. Court approval requires findings that substantial harm is likely without extension and that the distribution plan adequately meets expected needs. Consent can be withdrawn at any time.

Guardians and conservators face qualification rules

Guardians and conservators must prove basic training completion before receiving official letters authorizing their service. Courts can require training for appointees serving before January 1, 2026. Out-of-state appointees must name a Kansas resident or qualifying Kansas-based business agent to accept and forward required papers and maintain contact details. Kansas corporations can serve as guardians only with certification from the Secretary for Children and Families under required suitability standards. Certification can be suspended or revoked after notice and a hearing for failure to comply.

Guardians manage care with financial limits

Subject to court orders, adult guardians can arrange housing, consent to care, and receive health information. Guardians need court approval to apply for or receive support funds and benefits, and cannot override a conservator’s financial authority. Without a conservator, a guardian can seek payment from someone who owes the adult support. Courts holding an adult ward’s money can approve savings deposits up to $25,000 without a conservator or bond. Funds can be payable to an authorized guardian, a later-appointed conservator, or the adult when guardianship ends.

Guardians need permission for family cases

Courts can authorize a guardian to consent to an adult’s adoption or handle divorce, dissolution, or annulment litigation and settlements. These powers require a specific court order. The court must consider the adult’s wishes, values, past directions, and best interest.

Location rules guide adult guardianship cases

Kansas authority generally rests on home-state status or specified significant connections; home-state status uses six consecutive months immediately before filing or a qualifying earlier six-month stay. Without ordinary jurisdiction, courts can appoint emergency guardians for adults physically in Kansas for up to 90 days, address Kansas real or tangible property, or handle provisional transfers. Courts generally retain jurisdiction until termination or expiration, and foreign countries can be treated as states under the specified rules. Parties whose unjustifiable conduct caused Kansas to gain jurisdiction can owe reasonable lawyer, investigation, court, communication, witness, and travel expenses. Kansas and its government entities cannot owe those expenses unless another law allows it.

New guardianship rules cover existing cases

Beginning January 1, 2026, the new law covers existing guardianships, conservatorships, and protective arrangements, plus covered new cases. Courts can keep an old rule when the new rule would substantially disrupt a case or harm a party’s rights. Guardianships and conservatorships already in place on that date are exempt from new plan requirements unless the court orders a plan.

Protective cases provide lawyers and privacy

Courts must appoint lawyers for unrepresented people in protective-arrangement cases regardless of ability to pay, but costs can come from their assets. Lawyers must advocate for the person’s wishes or, if unknown, the least restrictive alternative consistent with their interests. Courts can appoint facilitators with only court-granted powers, serving until discharged. The case and order are public unless sealed; other records are nonpublic, with access for authorized people or court-approved good-cause requests serving the person’s interests or the public interest without endangering them. Qualifying people can request sealing after dismissal, termination, or completion of an authorized act.

Sensitive court reports receive privacy protections

Guardianship and conservatorship cases and specified orders remain public unless sealed after a qualifying request and dismissal or termination. Other records have limited access for the affected person and specified people or professionals. Court-liaison reports and professional evaluations are confidential and sealed when filed, with legal access exceptions. Others can request access for good cause. Courts must allow access when the required best-interest or public-interest finding is met without endangering the person’s welfare or finances.

Children’s inherited money follows protective rules

Banks must distribute payable-on-death funds owed to minor beneficiaries through the law’s protective procedures. Credit unions must also use those procedures and pay only a conservator when the minor’s share exceeds the statutory limit. The supplied provisions do not state that dollar limit. Minors cannot sell, pledge, or transfer assets held under an extended distribution plan until the assets are actually paid to them.

Conservators and trading partners gain protections

People dealing with conservators in good faith, for value, receive protection for transactions needing no court order; legal authority limits still apply. People delivering money or property to a conservator are not responsible for its later use. Conservators generally avoid personal liability for proper estate contracts when they disclose their role. Other estate-related obligations create personal liability only when the conservator is personally at fault. Qualifying claims can still be brought against the estate.

Managed estates gain shields and limits

Conservatorship property is generally shielded from garnishment and similar collection, but the individual cannot transfer it and legally allowed claims remain payable. Contracts made after the court removes the relevant contracting right cannot bind the individual or their property, but still bind the other party. Claims must be presented to the conservator or filed with the court. If funds may run out, payment order is administration costs, qualifying government claims, specified support and care claims, earlier claims, then others. Courts can order claims allowed, paid, or secured, and prefer due claims when needed to preserve basic living and health-care funds.

Guardians face approval rules for treatment

Guardians applying to admit someone to alcohol or substance abuse treatment must follow the act's treatment-authorization requirements. This applies when the act requires authority for the admission application. The requirement limits a guardian's ability to apply independently while preserving the act's safeguards for the person receiving treatment.

Sponsors & Cosponsors

Sponsor

Committee on Judiciary
Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 258 • No: 68

House vote • 4/23/2026

Yea: 40 Nay: 0

Yes: 40 • No: 0