# Kansas HB 2359: Enacting the uniform adult guardianship and protective proceedings jurisdiction act and the uniform guardianship, conservatorship and other protective arrangements act. Kansas HB 2359, Enacting the uniform adult guardianship and protective proceedings jurisdiction act and the uniform guardianship, conservatorship and other protective arrangements act., is a 2025–2026 Regular Session House bill sponsored by Committee on Judiciary; status signed, last action 2025-04-03 (Approved by Governor on Thursday, April 3, 2025); PRIA reads it as touching household money (as of 2026-10-17). - Canonical: https://policyrisk.com/state-bill/KS-HB2359-2025-2026 - As of: 2026-10-17 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Kansas HB 2359 - State: Kansas - Session: 2025–2026 Regular Session - Title: Enacting the uniform adult guardianship and protective proceedings jurisdiction act and the uniform guardianship, conservatorship and other protective arrangements act. - Status: signed - Chamber: House - Introduced: 2025-02-07 - Last action: 2025-04-03, Approved by Governor on Thursday, April 3, 2025 - Sponsor: Committee on Judiciary - Cosponsors: 0 - Subjects: senate committee on judiciary, house committee on judiciary - Touches household money: yes - Roll calls: 4 (258 yes, 68 no in all) - Economic provisions PRIA read: 47 ## Summary No summary available. ## Bill overview: provisions PRIA read - Adults gain safeguards for life-sustaining care: benefit, high. 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 circumstan… - Adults can challenge or end guardianship: benefit, medium. 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 replac… - Courts must limit guardianship and conservatorship: benefit, medium. 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… - Emergency guardians can protect adults temporarily: benefit, medium. 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 requ… - Emergency guardians can protect children quickly: benefit, medium. 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… - Guardians must respect adults’ choices: benefit, medium. 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-… - Lawyers and participation rights in court: benefit, medium. 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 p… - Targeted court help instead of guardianship: benefit, medium. 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… - Conservators must secure the assets managed: benefit, medium. 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 w… - Emergency orders protect money and support: benefit, medium. 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, wit… - Guardians need approval for asset access: benefit, medium. 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 dire… - Adults gain safeguards in guardian-directed healthcare: benefit, medium. 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. Psychosu… - Mental health care preserves separate rights: benefit, medium. 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: benefit, medium. 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 g… - Adult care plans receive ongoing review: benefit, low. 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 can… - Adult protective cases can cross states: benefit, low. 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 ca… - Children gain guardianship lawyers and notices: benefit, low. 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 n… - Evaluations help courts assess needed support: benefit, low. 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… - Guardians gain privacy for identifying information: benefit, low. 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: benefit, low. 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 ext… - People receive clear conservatorship rights notices: benefit, low. 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, objec… - Conservators must disclose plans and property: benefit, low. 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 ben… - Conservators must safeguard wills after death: benefit, low. 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 representat… - Courts can block financial exploitation: benefit, low. 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 witho… - Courts monitor conservators and question fees: benefit, low. 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. C… - Courts screen and oversee money managers: benefit, low. 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… - Families get simpler options for children’s money: benefit, low. 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 acco… - Guardians face conflict and accountability rules: benefit, low. 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 e… - Major conservator deals face court checks: benefit, low. 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… - Child custodians can approve specified care: benefit, low. 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… - Children's workplace injury payments gain protections: benefit, low. 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: benefit, low. 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… - Guardians control some treatment discharge requests: cost, medium. 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 p… - Adults retain rights under guardianship: mixed, medium. 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’ notic… - Children's guardianship balances care and parents' rights: mixed, medium. 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, un… - Children’s conservatorships can continue after adulthood: mixed, low. 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. Co… - Guardians and conservators face qualification rules: mixed, low. 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 ac… - Guardians manage care with financial limits: mixed, low. 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 paymen… - Guardians need permission for family cases: mixed, low. 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: mixed, low. 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… - New guardianship rules cover existing cases: mixed, low. 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… - Protective cases provide lawyers and privacy: mixed, low. 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 appoin… - Sensitive court reports receive privacy protections: mixed, low. 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 co… - Children’s inherited money follows protective rules: mixed, low. 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. Minor… - Conservators and trading partners gain protections: mixed, low. 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… - Managed estates gain shields and limits: mixed, low. 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… - Guardians face approval rules for treatment: mixed, low. 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… ## Sponsors and cosponsors - Sponsor: Committee on Judiciary ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-04-23 | House | Yea: 40 Nay: 0 | pass | 40 | 0 | | | 2026-04-23 | House | Yea: 89 Nay: 34 | pass | 89 | 34 | | | 2025-03-19 | Senate | Emergency Final Action - Passed | pass | 40 | 0 | | | 2025-02-20 | House | Emergency Final Action - Passed as amended | pass | 89 | 34 | | ## Actions (19) - 2025-04-03: Approved by Governor on Thursday, April 3, 2025 (House) - 2025-03-25: Enrolled and presented to Governor on Tuesday, March 25, 2025 (House) - 2025-03-19: Committee of the Whole - Be passed (Senate) - 2025-03-19: Emergency Final Action - Passed; Yea 40, Nay 0 (Senate) - 2025-03-12: Committee Report recommending bill be passed by Senate Committee on Judiciary (Senate) - 2025-03-11: Hearing: Tuesday, March 11, 2025, 10:30 AM — Room 346-S (Senate) - 2025-03-05: Hearing: Wednesday, March 5, 2025, 10:30 AM — Room 346-S (Senate) - 2025-02-26: Referred to Senate Committee on Judiciary (Senate) - 2025-02-26: Engrossed on Tuesday, February 25, 2025 (House) - 2025-02-25: Received and Introduced (Senate) - 2025-02-20: Committee of the Whole - Committee Report be adopted (House) - 2025-02-20: Committee of the Whole - Be passed as amended (House) - 2025-02-20: Motion to advance to Emergency Final Action adopted (House) - 2025-02-20: Emergency Final Action - Passed as amended; Yea 89, Nay 34, Absent 2 (House) - 2025-02-18: Committee Report recommending bill be passed as amended by House Committee on Judiciary (House) - 2025-02-13: Hearing: Thursday, February 13, 2025, 3:30 PM — Room 582-N (House) - 2025-02-12: Hearing: Wednesday, February 12, 2025, 3:30 PM — Room 582-N — CANCELED (House) - 2025-02-07: Introduced (House) - 2025-02-07: Referred to House Committee on Judiciary (House) ## Bill text - As Amended by House Committee on Judiciary: [PDF](https://www.kslegislature.gov/b2025_26/bills/download/?apn=b2025_26/year2/ready_for_publication/hb_2359/hb2359_01_0000.pdf) - As Introduced: [PDF](https://www.kslegislature.gov/b2025_26/bills/download/?apn=b2025_26/year2/ready_for_publication/hb_2359/hb2359_00_0000.pdf) - Enrolled: [PDF](https://www.kslegislature.gov/b2025_26/bills/download/?apn=b2025_26/year2/ready_for_publication/hb_2359/hb2359_enrolled.pdf) ## Related bills - SB 430: Adding mitragynine to schedule I of the uniform controlled substances act and reconciling multiple amendments to certain statutes in the Kansas criminal code. (signed) - SB 82: Providing tax credits for expenditures for lockable gun and ammunition storage and the retail sale of higher ethanol blends of fuel, discontinuing the tax cred… (signed) - SB 300: Providing for the apportionment of business income by manufacturers of alcoholic liquor depending on whether the taxpayer is a qualifying Kansas investor or a… (signed) - HB 2029: Reconciling multiple amendments to certain statutes. (signed) - HB 2018: Senate Substitute for HB 2018 by Committee on Federal and State Affairs - Creating the crime of interference with the conduct of a religious assembly, providin… (became law) - HB 2036: Providing a Kansas income tax subtraction modification for certain amounts received as compensation for members of the armed forces. (failed) ## Sources - [As Amended by House Committee on Judiciary (PDF)](https://www.kslegislature.gov/b2025_26/bills/download/?apn=b2025_26/year2/ready_for_publication/hb_2359/hb2359_01_0000.pdf) - [As Introduced (PDF)](https://www.kslegislature.gov/b2025_26/bills/download/?apn=b2025_26/year2/ready_for_publication/hb_2359/hb2359_00_0000.pdf) - [Enrolled (PDF)](https://www.kslegislature.gov/b2025_26/bills/download/?apn=b2025_26/year2/ready_for_publication/hb_2359/hb2359_enrolled.pdf) ## Related - [SB 430: Adding mitragynine to schedule I of the uniform controlled substances act and r…](https://policyrisk.com/state-bill/KS-SB430-2025-2026) - [SB 82: Providing tax credits for expenditures for lockable gun and ammunition storage…](https://policyrisk.com/state-bill/KS-SB82-2025-2026) - [SB 300: Providing for the apportionment of business income by manufacturers of alcoholi…](https://policyrisk.com/state-bill/KS-SB300-2025-2026) - [HB 2029: Reconciling multiple amendments to certain statutes.](https://policyrisk.com/state-bill/KS-HB2029-2025-2026) - [HB 2018: Senate Substitute for HB 2018 by Committee on Federal and State Affairs - Creat…](https://policyrisk.com/state-bill/KS-HB2018-2025-2026) - [HB 2036: Providing a Kansas income tax subtraction modification for certain amounts rece…](https://policyrisk.com/state-bill/KS-HB2036-2025-2026) - [Kansas bills](https://policyrisk.com/states/kansas/bills) - [Kansas state hub](https://policyrisk.com/states/kansas) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/KS-HB2359-2025-2026 (as of 2026-10-17).