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.

Sponsored By: Sponsor information unavailable

Signed by Governor

judiciary

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Bill Overview

Analyzed Economic Effects

34 provisions identified: 23 benefits, 0 costs, 11 mixed.

Stronger safeguards in adult guardianships

In an emergency, the court can appoint a guardian for up to 30 days and extend up to three more 30‑day periods; without prior notice only if harm would occur before a hearing. In that case, the court gives notice within 48 hours, holds a hearing within five days, and appoints a lawyer right away. Guardians may seek benefits, set housing, and consent to care, but the court must approve major steps like moving to a more restrictive facility or out of state, or selling a primary home. A care plan is due within 60 days; people can object within 21 days, and the court waits 30 days before approval. Guardians must file annual reports and special reports for key changes, including when the adult’s combined estate reaches $25,000; courts review, can investigate, and can question fees. People in these cases can appear, question witnesses, and ask for a jury on whether a basis exists; a proposed conservator must attend unless excused. The court can remove a guardian for cause and appoint a successor. Starting January 1, 2026, interested people can ask to get court notices in these cases.

New rules for minor guardianships

Beginning January 1, 2026, a court appoints a minor’s guardian only if it is in the child’s best interest and legal grounds are met. Petitions must include detailed facts, and notice must be personally served, including on a child age 12 or older, with the right to ask for a lawyer. The court appoints a lawyer for the child when the child (12+) asks, a guardian ad litem recommends, or the court finds it needed. Parents’ or a 12+ child’s nominee has priority unless that harms the child. A parent may name a standby guardian; the court can appoint one when no parent is likely able to care within two years. In emergencies, a guardian can serve up to 30 days, with up to three more 30‑day extensions; a no‑notice order requires a hearing within seven days. Guardians must act like a parent, can seek benefits and consent to care, but need court approval for adoption or marriage; a care plan can be required, with 21 days to object and a 30‑day wait before approval. Guardianship ends at death, adoption, emancipation, adulthood, or when the standard is no longer met unless keeping it best protects the child.

Protective arrangements instead of guardianship

The court can order a protective arrangement instead of naming a guardian or conservator. For adults, this needs clear and convincing proof that basic needs or money management cannot be met and that less‑restrictive options will not work; for minors, the court uses a best‑interest test. Orders can allow needed medical care, moves, supervised or limited visits, and money actions like selling property, buying an annuity, creating a trust, or settling claims. A verified petition must list who to notify, reasons, options tried, and an estimate of property and income; the court sets a hearing and personally serves the person with notice of rights. The court may appoint a trained liaison to report, must appoint a lawyer if the person has none, and must order a professional evaluation when a basic case is shown; the report is filed at least five days before trial. The person usually must attend; the court tries another location or video if travel is not possible. When an order issues, the court notifies the person and anyone whose access is limited. Certain records are sealed, and the court may seal the case after it ends; a facilitator may be appointed to help carry out the order.

Conservatorship plans, early review, notices

Within 60 days of appointment, the conservator must file a plan with a budget and inventory. The court sets a review hearing 90 days after appointment to check the plan and performance. The order must name who gets notices about rights, property sales, long absences, plans, reports, petitions, big health changes, or death. You or any interested person may ask the court for relief at any time, including an accounting, bond changes, plan changes, or removal of the conservator.

End or change an adult guardianship

You, your guardian, or someone who cares about you can ask the court to end or change an adult guardianship. The court holds a hearing and must end it unless the original reasons still exist, or narrow powers that are too broad. You can choose your lawyer, and the court appoints one if needed. The court must give notice of its order within 30 days.

Fair process before adult guardianship

The court appoints a guardian only after clear and convincing proof that you cannot meet basic needs, even with supports. Starting January 1, 2026, the law defines who is an “incapacitated person” for these cases. You get a court-appointed lawyer. The hearing cannot go on without you unless the court makes specific findings, and the court must try an alternate place or live video if needed. The petition must list key family and contacts, and you must be personally served notice that explains your rights. The court can appoint a trained liaison and must order a professional evaluation, with reports filed at least 10 days (liaison) and 5 days (evaluation) before the hearing or trial.

Guardians’ access to digital accounts

Starting January 1, 2026, digital assets count as personal property. After notice and a hearing, a court can let a guardian or conservator get a catalogue of a person’s online accounts and digital assets (not message content). With a certified order, custodians must disclose those records and may ask for account IDs. A guardian or conservator can also ask to suspend or close an account for good cause.

How to change or end conservatorship

The court can remove a conservator for not doing duties or other good cause and then appoint a successor after notice and a hearing. A conservatorship ends by court order, when a minor becomes an adult, by emancipation, or on death. The court must end the case if the reason for it no longer exists, or adjust powers if they are too broad or too narrow. When the person dies, the conservator must file any will with the court, notify the named personal representative if possible, and finish the estate under the law.

Limits on guardian medical and money power

The law sets strong limits on a guardian’s medical and financial power. A guardian cannot start a mental health commitment, block visits, or consent to sterilization or major risky procedures without court approval. Stopping life‑saving care needs a valid directive, doctor certifications, and court action. A guardian may control the adult’s estate only if the court grants that power, with extra steps when assets reach $25,000 or more. People under guardianship cannot waive their right to court notice.

Plans, inventories, and yearly reports

A conservator must file an inventory within 60 days and list property, income, titles, and beneficiaries. The conservator must give copies to people entitled to notice within 14 days after filing. The conservator must also file annual reports with an accounting, services provided, plan changes, conflicts or benefits to the conservator or family, co‑conservator status, and bond details. The court reviews reports at least once a year and can order exams or hold hearings for problems.

Stronger protection for conservatorship money

The estate under conservatorship is protected from most collections and transfers. Contracts a person signs after the court removes their contract power are void against the person and the estate. Conflicted deals by a conservator are voidable unless a court approves them after notice. People who deal in good faith with a conservator are protected, and paying a conservator does not make you liable for how money is used. A conservator is usually not personally liable for official contracts and is liable only if at fault; guardians and conservators are not personally liable just because of the role. Courts can deposit up to $25,000 for an adult under guardianship without naming a conservator or requiring bond. Claims must be allowed or denied within 60 days, and if money is short, payments go first to administration costs, then government claims, then support and care, then older claims, and then others. If a bond exists and duties are breached, the surety is jointly liable and must alert the court if the bond is not renewed.

Stronger rights in conservatorship cases

If you face a conservatorship, the court appoints an attorney even if you cannot pay. The court orders a professional evaluation when basic evidence shows it may be needed. You must get personal service of the petition and a notice of your rights. The hearing cannot go forward without you unless the court finds strong reasons and must let you join by live video if needed. You can present evidence, call and question witnesses, and use interpreters or assistive help. The court may appoint a trained liaison to investigate. The court can accept a qualified report filed with the petition, but you or your lawyer can ask for a new exam at least 4 days before trial.

Who can be guardian and duties

The court follows a priority list when choosing a guardian and usually does not pick paid caregivers unless that is clearly best for you. The appointment order must say why less-restrictive options do not work, list exact powers for a limited case, and set a review hearing 90 days after appointment. A guardian is a fiduciary who must protect your rights, follow your values and preferences, keep in contact, and tell the court if your condition improves.

Guardians can manage ABLE accounts

Beginning January 1, 2026, a conservator, guardian, or a person approved by the state treasurer can act for the beneficiary of a Kansas ABLE savings account. The beneficiary must have been eligible when the account was opened. This helps fiduciaries manage tax‑advantaged disability savings for the person’s needs.

Conservatorships and minors money limits

The court may appoint a conservator for a minor who has over $25,000 from a settlement, inheritance, or other non‑job source when protection or support requires it. For adults, a conservator is appointed only with clear and convincing proof the person cannot manage money even with help, or is missing or detained, and the order is needed to prevent harm or get support; powers must be limited to real needs. Courts can deposit up to $100,000 for a minor without naming a conservator, or pay up to $25,000 to a person who must hold it in trust. Parents can manage a child’s property up to $25,000 if no conservator exists. Others can transfer up to $25,000 in a year to a caregiver, guardian, UTMA custodian, or the child’s account if they do not know a conservator exists. A minor’s conservatorship can continue past 18 up to age 21, and up to two more two‑year periods, if the minor agrees or the court finds clear and convincing risk of harm. Petitions must list relatives, assets, income, and conflicts; the court can appoint a lawyer for a parent who needs one.

Conservator money powers and limits

A conservator is a fiduciary and must act prudently, loyally, and promote your self-direction. Without a separate court order, they can handle routine money tasks like collecting income, paying bills and taxes, investing, short leases, insurance, running a business, and support payments for you or your dependents. For major steps—like large gifts, selling major assets, long leases, creating or revoking trusts, or giving a creditor priority—the conservator must notify required people and get court approval first.

Emergency protection of money and property

While a case is pending, the court can quickly preserve your money to support you and any person who depends on you. The court can appoint an emergency conservator for up to 30 days, and extend it up to three more 30-day periods. If appointed without prior notice because of imminent harm, notice must go out within 48 hours and a hearing must be held within 5 days.

Rules for minors’ money and payouts

Starting January 1, 2026, a court may let a guardian control a minor’s estate only if the starting value is $25,000 or less. If the estate later goes over $25,000, the guardian must file a plan, ask for a conservator, or notify the court. When a payable‑on‑death account names a minor and is over the section 116 limit, banks and credit unions must pay the money to the minor’s conservator. When a credit union member dies, any valid state claim under K.S.A. 39‑709 is paid first, which can reduce what beneficiaries receive. Judges can route a minor’s workers’ compensation payments through a conservator to protect the funds.

Old guardianship laws repealed in 2026

On January 1, 2026, Kansas repeals many older guardianship and related laws. The new uniform guardianship and protective arrangements law becomes the main set of rules. Courts and agencies follow the new framework after that date.

Court check before state institution admission

Starting January 1, 2026, if a superintendent believes a person may need a guardian or conservator, the person cannot be admitted to a state institution until a court decides their legal status. The person may be admitted only for a court‑ordered evaluation during that wait. This protects rights but can delay full admission. If a court already decided the person’s status, this rule does not apply.

Out of state guardianships recognized in Kansas

Beginning January 1, 2026, a guardian appointed in another state can register the guardianship in Kansas by filing certified copies and giving notice to the other court. Registration is not allowed if a Kansas appointment case is already pending. After registration, Kansas recognizes the order under foreign‑judgment procedures.

Bonds to protect conservatorship funds

The court usually requires a bond to protect your funds. The bond cannot be waived for a paid professional conservator. Banks and trust companies that do trust business do not have to post a bond. If the conservator serves under the Kansas guardianship program, the Department for Children and Families acts as surety.

Plain-language rights and standard forms

Within 14 days after appointment, you must receive a copy of the court order. Within 30 days, the court gives a plain-language rights sheet in at least 16-point type and, when feasible, in your language. The Judicial Council creates statewide standard petitions, reports, accountings, and a statement of rights to make the process clearer.

Cross-border guardianship rules from 2026

Starting January 1, 2026, Kansas courts use uniform rules to work with other states and foreign countries. Courts may talk with other courts, make a record of those contacts, and request help to get out‑of‑state records, exams, and testimony. Out‑of‑state conservators can register their orders in Kansas to manage property here when no Kansas petition is pending.

Faster appeals in guardianship cases

Appeals from a district magistrate judge’s final guardianship or conservatorship order must be filed within 14 days. The appeal is heard within 30 days and gets priority. This speeds up final decisions.

Interstate guardianship rules and transfers

Beginning January 1, 2026, Kansas uses uniform rules to decide which state handles an adult guardianship. The law defines home state and significant‑connection, and lists when Kansas can act. Courts can make short emergency orders (up to 90 days) and keep control after an appointment. If cases are filed in two states, Kansas courts coordinate, can pause or dismiss, and must notify people who would get notice in the home state. Guardianships can move between states with a clear transfer‑in and transfer‑out process. Witnesses in other states can testify by phone or video.

Clear filing and cross-state guardianship rules

Beginning January 1, 2026, Kansas sets clear rules for which court handles a guardianship or conservatorship. Venue is based on where the person lives, is present, or where property is. Courts can move a case to another county or another state if that is best for the person. A Kansas court must consult with another state’s court when both have a case. Once an out‑of‑state order is registered in Kansas, the guardian or conservator can use its powers here, unless Kansas law forbids them.

Stronger elder and dependent adult protections

The mistreatment law now covers violations of the new guardianship and conservatorship act. Prosecutors can charge people who take property through improper guardianship or conservatorship actions. This strengthens protection for older and dependent adults.

Stronger notices and court oversight

Beginning January 1, 2026, hearing notices must be sent at least 14 days ahead, in plain language, and at least 16‑point font. Courts may skip notice in narrow cases, like when a person is missing or a child is under 12. Courts can appoint a guardian ad litem if interests are not well represented. Third parties must accept a guardian’s or conservator’s authority or report a refusal to the court within 10 days. Guardians and conservators can ask the court for instructions or to approve a specific act. Evaluations filed with the court are sealed; only listed people or those with a court order may see them. Guardians and conservators may hire service providers, and if they use reasonable care, they are not liable for the provider’s mistakes.

When the new guardianship rules apply

The law takes effect January 1, 2026. It applies to new cases started on or after that date. Some parts also apply to older cases, but courts can skip new parts if they would disrupt or hurt someone’s rights. The act defines key terms like adult, guardian, conservator, and supported decision making so everyone uses the same meanings.

Pay for guardians, conservators, and lawyers

With court approval, guardians and conservators can receive reasonable pay and expense reimbursement from the protected person’s property. Guardians do not have to use their own money for necessary expenses. Attorneys for the respondent and people whose work led to a helpful order can be paid and reimbursed from the respondent’s property if the court approves. The court can shift costs for bad‑faith filings or require security for costs.

Privacy rules for case records

These cases are public records by default. But liaison and evaluation reports are sealed and shared only with the court and listed parties. On request, and after a case is dismissed or ends, the court can seal the full record. Some documents, like letters of appointment and orders that suspend or end a case, stay public.

Electronic signature limits for guardianship notices

Starting January 1, 2026, Kansas sets special rules for electronic signatures under this guardianship law. It keeps key federal protections and does not change 15 U.S.C. 101(c). It does not allow electronic delivery of certain federal notices listed in 15 U.S.C. 103(b).

Who can serve and backup plans

Beginning January 1, 2026, courts issue letters of office after the guardian or conservator files an acceptance, oath, basic training proof, and (for conservators) any required bond. Nonresidents must name a Kansas resident agent to receive papers. Courts can appoint co‑guardians, name successors now or for later events, and install a temporary substitute for up to six months when urgent action is needed. Corporate guardians can serve if certified by the Secretary for Children and Families; companies that provide the person’s care or housing cannot. Courts follow a priority list for conservators and require disclosure of bankruptcies, certain crimes, or abuse findings before appointment. A guardian or conservator’s role ends on death, removal, or court‑approved resignation.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 129 • No: 34

House vote • 4/23/2026

Yea: 40 Nay: 0

Yes: 40 • No: 0