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59-30,158. Removal of guardian for adult; appointment of successor. (a) The court may remove a guardian for an adult for failure to perform the guardian's duties or for other good cause and appoint a successor guardian to assume the duties of guardian.

(b) The court shall hold a hearing to determine whether to remove a guardian for an adult and appoint a successor guardian on:

(1) Petition of the adult, guardian or person interested in the welfare of the adult, which contains allegations that, if true, would support a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;

(2) communication from the adult, guardian or person interested in the welfare of the adult which supports a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate;

(3) determination by the court that a hearing would be in the best interest of the adult; or

(4) determination by the court that the guardian's annual reports are delinquent or deficient as filed.

(c) Notice of a petition under subsection (b)(1) or a hearing under this section must be given to the adult subject to guardianship, the guardian, a person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order, and any other person the court determines.

(d) If the adult subject to guardianship is not represented by an attorney, the court shall appoint an attorney under the same conditions as in K.S.A. 59-30,145, and amendments thereto. The court shall award reasonable attorney fees to the attorney for the adult as provided in K.S.A. 59-30,119, and amendments thereto.

(e) In selecting a successor guardian for an adult, the court shall follow the priorities under K.S.A. 59-30,149, and amendments thereto.

(f) Not later than 30 days after appointing a successor guardian, the court or the court's designee shall give notice of the appointment to the adult subject to guardianship and any person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order.

History: L. 2025, ch. 40, § 81; January 1, 2026.