Chapter 59 — PROBATE CODE
862 sections in this chapter.
K.S.A. 59-29c13 Disclosure of records
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59-29c13. Disclosure of records. Any district court records and any treatment records or medical records of any person who has been admitted to a crisis intervention center pursuant to this act that are in the possession of any district court or crisis intervention center treatme…
K.S.A. 59-29c14 Civil and criminal liability
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59-29c14. Civil and criminal liability. Any person or law enforcement agency, governing body, crisis intervention center, community mental health center or personnel acting in good faith and without negligence shall be free from all liability, civil or criminal, that might arise …
K.S.A. 59-30,101 Citation of act
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59-30,101. Citation of act. K.S.A. 59-30,101 through 59-30,212, and amendments thereto, may be cited as the Kansas uniform guardianship, conservatorship and other protective arrangements act. History: L. 2025, ch. 40, § 24; January 1, 2026. Revisor's Note: K.S.A. 59-30,101 et seq…
K.S.A. 59-30,102 Definitions
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59-30,102. Definitions. As used in this act: (a) "Adult" means an individual at least 18 years of age or an emancipated individual under 18 years of age. (b) "Adult subject to conservatorship" means an adult for whom a conservator has been appointed under this act. (c) "Adult sub…
K.S.A. 59-30,103 Supplemental principles of law and equity
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59-30,103. Supplemental principles of law and equity. Unless displaced by a particular provision of this act, the principles of law and equity supplement its provisions. History: L. 2025, ch. 40, § 26; January 1, 2026. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Poli…
K.S.A. 59-30,104 Jurisdiction
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59-30,104. Jurisdiction. (a) Except to the extent jurisdiction is precluded by the uniform child custody jurisdiction and enforcement act, K.S.A. 23-37,101 through 23-37,405, and amendments thereto, the district court has jurisdiction over a guardianship for a minor domiciled or …
K.S.A. 59-30,105 Transfer of proceeding
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59-30,105. Transfer of proceeding. (a) This section does not apply to a guardianship or conservatorship for an adult that is subject to the transfer provisions of K.S.A. 59-30,266 or 59-30,267, and amendments thereto. (b) After appointment of a guardian or conservator, the court …
K.S.A. 59-30,106 Venue
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59-30,106. Venue. (a) Except as provided in subsection (e), venue for a guardianship proceeding for a minor is in: (1) The county in which the minor resides or is present at the time the proceeding commences; or (2) the county in which another proceeding concerning the custody or…
K.S.A. 59-30,107 Practice in court
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59-30,107. Practice in court. (a) The petitioner and the respondent shall each be afforded an opportunity to appear at the trial, to testify and to present and cross-examine witnesses. If the trial has been consolidated with a trial being held pursuant to either the care and trea…
K.S.A. 59-30,108 Letters of office; instructional program concerning duties and responsibilities
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59-30,108. Letters of office; instructional program concerning duties and responsibilities. (a) The court shall issue letters of office to a guardian on filing by the guardian of: (1) An acceptance of appointment; (2) an oath or affirmation as required by K.S.A. 59-1702, and amen…
K.S.A. 59-30,109 Effect of acceptance of appointment; resident agents
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59-30,109. Effect of acceptance of appointment; resident agents. (a) On acceptance of appointment, a guardian or conservator submits to personal jurisdiction of the court in this state in any proceeding relating to the guardianship or conservatorship. (b) Every guardian or conser…
K.S.A. 59-30,110 Co-guardians and co-conservators
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59-30,110. Co-guardians and co-conservators. (a) The court at any time may appoint a co-guardian or co-conservator who may act when that co-guardian or co-conservator complies with K.S.A. 59-30,108(a) or (b), and amendments thereto, respectively. (b) If the court appoints co-guar…
K.S.A. 59-30,111 Judicial appointment of successor guardian or successor conservator
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59-30,111. Judicial appointment of successor guardian or successor conservator. (a) The court at any time may appoint a successor guardian or successor conservator to serve immediately or when a designated event occurs, including the absence, impairment, resignation or death of t…
K.S.A. 59-30,112 Appointment of corporation as guardian; qualifications; procedures
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59-30,112. Appointment of corporation as guardian; qualifications; procedures. (a) Any corporation organized under the Kansas general corporation code may act as guardian for an individual found to be in need of a guardian under the Kansas uniform guardianship, conservatorship an…
K.S.A. 59-30,113 Effect of death, removal or resignation of guardian or conservator
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59-30,113. Effect of death, removal or resignation of guardian or conservator. (a) Appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator, or when the court under subsection (b) approves a resignation of the guardian or conserva…
K.S.A. 59-30,114 Notice of hearings; general requirements
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59-30,114. Notice of hearings; general requirements. (a) Except as otherwise provided in K.S.A. 59-30,130, 59-30,134, 59-30,143, 59-30,162 and 59-30,200, and amendments thereto, if notice of a hearing under this act is required, the movant shall give notice of the date, time and …
K.S.A. 59-30,115 Waiver of notice
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59-30,115. Waiver of notice. A respondent, individual subject to guardianship, individual subject to conservatorship or individual subject to a protective arrangement under K.S.A. 59-30,197 or 59-30,198, and amendments thereto, may not waive notice under this act. Any other perso…
K.S.A. 59-30,116 Guardian ad litem
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59-30,116. Guardian ad litem. The court at any time may appoint a guardian ad litem for an individual if the court determines the individual's interest otherwise would not be adequately represented. If no conflict of interest exists, a guardian ad litem may be appointed to repres…
K.S.A. 59-30,117 Request for notice
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59-30,117. Request for notice. (a) A person may file with the court a request for notice under this act if the person is: (1) Not otherwise entitled to notice; and (2) interested in the welfare of a respondent, individual subject to guardianship or conservatorship or individual s…
K.S.A. 59-30,118 Disclosure of bankruptcy or criminal history
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59-30,118. Disclosure of bankruptcy or criminal history. (a) Before accepting appointment as a guardian or conservator, a person shall disclose to the court whether the person: (1) Is or has been a debtor in a bankruptcy, insolvency or receivership proceeding; (2) has been convic…
K.S.A. 59-30,119 Compensation and expenses; in general; costs of proceedings; payments
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59-30,119. Compensation and expenses; in general; costs of proceedings; payments. (a) Unless otherwise compensated or reimbursed, an attorney for a respondent in a proceeding under this act is entitled to reasonable compensation for services and reimbursement of reasonable expens…
K.S.A. 59-30,120 Compensation of guardian or conservator
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59-30,120. Compensation of guardian or conservator. (a) Subject to court approval, a guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, clothing and other appropriate expenses advanced for the benefit of the individual s…
K.S.A. 59-30,121 Liability for acts or omissions of individual subject to guardianship or conservatorship
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59-30,121. Liability for acts or omissions of individual subject to guardianship or conservatorship. A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the individual subject to guar…
K.S.A. 59-30,122 Petition after appointment for instruction or ratification
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59-30,122. Petition after appointment for instruction or ratification. (a) A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act related to the guardianship or conservatorship. (b) Upon the filing …
K.S.A. 59-30,123 Third-party acceptance of authority of guardian or conservator
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59-30,123. Third-party acceptance of authority of guardian or conservator. (a) A person must recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship unless: (1) The person has actual knowledge or a reasonab…
K.S.A. 59-30,124 Retention of service provider by guardian or conservator
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59-30,124. Retention of service provider by guardian or conservator. (a) A guardian or conservator may retain a third person to provide any service to an individual subject to guardianship or conservatorship if retaining such third person, hereinafter referred to as a service pro…
K.S.A. 59-30,125 Temporary substitute guardian or conservator
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59-30,125. Temporary substitute guardian or conservator. (a) The court may appoint a temporary substitute guardian for an individual subject to guardianship for a period not exceeding six months if: (1) A proceeding to remove a guardian for the individual is pending; or (2) the c…
K.S.A. 59-30,126 Registration of orders from another state; effect
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59-30,126. Registration of orders from another state; effect. (a) If a guardian has been appointed in another state for an individual, and a petition for guardianship for the individual is not pending in this state, the guardian appointed in the other state, after giving notice t…
K.S.A. 59-30,127 Grievance against guardian or conservator
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59-30,127. Grievance against guardian or conservator. (a) An individual who is subject to guardianship or conservatorship, or person interested in the welfare of an individual subject to guardianship or conservatorship, who reasonably believes the guardian or conservator is breac…
K.S.A. 59-30,128 Basis for appointment of guardian for minor
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59-30,128. Basis for appointment of guardian for minor. (a) A person becomes a guardian for a minor only on appointment by the court. (b) After a hearing under K.S.A. 59-30,130, and amendments thereto, the court may appoint a guardian for a minor who does not have a guardian if t…
K.S.A. 59-30,129 Petition for appointment of guardian for minor; contents
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59-30,129. Petition for appointment of guardian for minor; contents. (a) A person interested in the welfare of a minor, including the minor, may file a verified petition for appointment of a guardian for the minor. (b) A petition under subsection (a) must state the petitioner's n…
K.S.A. 59-30,130 Hearing and notice for appointment of guardian for minor
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59-30,130. Hearing and notice for appointment of guardian for minor. (a) When a petition is filed under K.S.A. 59-30,129, and amendments thereto, the court shall schedule a hearing, and the petitioner shall: (1) Serve notice of the date, time and place of the hearing, together wi…
K.S.A. 59-30,131 Attorney for minor or parent
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59-30,131. Attorney for minor or parent. (a) The court shall appoint an attorney to represent a minor who is the subject of a proceeding under K.S.A. 59-30,129, and amendments thereto, if: (1) Requested by the minor and the minor is 12 years of age or older; (2) recommended by a …
K.S.A. 59-30,132 Attendance and participation at hearings
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59-30,132. Attendance and participation at hearings. (a) The court may require a minor who is the subject of a hearing under K.S.A. 59-30,130, and amendments thereto, to attend and participate in the hearing. If the court orders the minor to attend the hearing but later rescinds …
K.S.A. 59-30,133 Order of appointment; priority of nominee; contents of order; obligations of parents
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59-30,133. Order of appointment; priority of nominee; contents of order; obligations of parents. (a) After a hearing under K.S.A. 59-30,130, and amendments thereto, the court may appoint a guardian for a minor, if appointment is proper under K.S.A. 59-30,128, and amendments there…
K.S.A. 59-30,134 Standby guardian for minor
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59-30,134. Standby guardian for minor. (a) A standby guardian appointed under this section may act as guardian, with all duties and powers of a guardian under K.S.A. 59-30,136 and 59-30,137, and amendments thereto, when no parent of the minor is willing or able to exercise the du…
K.S.A. 59-30,135 Emergency guardian for minor
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59-30,135. Emergency guardian for minor. (a) On its own, or on verified petition by a person interested in a minor's welfare, the court may appoint an emergency guardian for the minor if the court finds a sufficient factual basis to establish probable cause that: (1) Appointment …
K.S.A. 59-30,136 Duties of guardian for minor
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59-30,136. Duties of guardian for minor. (a) A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety and welfare. A guard…
K.S.A. 59-30,137 Powers of guardian for minor
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59-30,137. Powers of guardian for minor. (a) Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor's support, care, education, health, safety and welfare. (b) Except as otherwise limited by court order, …
K.S.A. 59-30,138 Special limitations on powers of guardian for minor
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59-30,138. Special limitations on powers of guardian for minor. A guardian for a minor may not exercise any control or authority over the minor's estate, unless specifically authorized by the court. Any guardian who is granted such authority must prepare an inventory and provide …
K.S.A. 59-30,139 Termination of guardianship for minor; removal of guardian; appointment of successor
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59-30,139. Termination of guardianship for minor; removal of guardian; appointment of successor. (a) Guardianship under this act for a minor terminates: (1) On the minor's death, adoption, emancipation or attainment of majority; or (2) when the court finds that the standard in K.…
K.S.A. 59-30,140 Guardian's plan for minor
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59-30,140. Guardian's plan for minor. (a) At any time, the court may require the guardian of a minor, or the guardian of a minor may choose, to develop and file with the court a plan of care for the minor. Any such plan must be based on the needs of the minor and take into accoun…
K.S.A. 59-30,141 Basis for appointment of guardian for adult
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59-30,141. Basis for appointment of guardian for adult. (a) On petition and after notice and hearing, the court may: (1) Appoint a guardian for an adult if the court finds by clear and convincing evidence that: (A) The respondent lacks the ability to meet essential requirements f…
K.S.A. 59-30,142 Petition for appointment of guardian for adult; contents
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59-30,142. Petition for appointment of guardian for adult; contents. (a) A person interested in an adult's welfare, including the adult for whom the order is sought, may file a verified petition for appointment of a guardian for the adult. (b) A petition under subsection (a) must…
K.S.A. 59-30,143 Hearing and notice for appointment of guardian for adult
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59-30,143. Hearing and notice for appointment of guardian for adult. (a) On filing of a petition under K.S.A. 59-30,142, and amendments thereto, for appointment of a guardian for an adult, the court shall set a date, time and place for hearing the petition. (b) A copy of a petiti…
K.S.A. 59-30,144 Appointment and role of court liaison
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59-30,144. Appointment and role of court liaison. (a) On receipt of a petition under K.S.A. 59-30,142, and amendments thereto, for appointment of a guardian for an adult, the court may appoint a court liaison. The court liaison must be an individual with training or experience in…
K.S.A. 59-30,145 Appointment and role of attorney for adult
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59-30,145. Appointment and role of attorney for adult. (a) The court shall appoint an attorney to represent the respondent, regardless of the respondent's ability to pay. The court shall give preference in the appointment of an attorney to any attorney who has represented the res…
K.S.A. 59-30,146 Examination and evaluation
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59-30,146. Examination and evaluation. (a) Upon the filing of the petition or any other time at or before the hearing, if the contents of the petition or evidence at the hearing support a prima facie case of the need for a guardian, the court shall order an examination and evalua…
K.S.A. 59-30,147 Attendance and rights at hearings
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59-30,147. Attendance and rights at hearings. (a) Except as otherwise provided in subsection (b), a hearing under K.S.A. 59-30,143, and amendments thereto, may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a h…
K.S.A. 59-30,148 Confidentiality of records; access to records
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59-30,148. Confidentiality of records; access to records. (a) The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the record after: (1) The respondent or individual subject to guardianship requests …