Printable Format59-30,197. Basis for protective arrangement instead of guardianship for adult. (a) After the hearing on a petition under K.S.A. 59-30,142, and amendments thereto, for a guardianship or under K.S.A. 59-30,196(b), and amendments thereto, for a protective arrangement instead of guardianship, the court may issue an order under subsection (b) for a protective arrangement instead of guardianship if the court finds by clear and convincing evidence that:
(1) The respondent lacks the ability to meet essential requirements for physical health, safety or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance or supported decision making; and
(2) the respondent's identified needs cannot be met by a less restrictive alternative.
(b) If the court makes the findings under subsection (a), the court, instead of appointing a guardian, may:
(1) Authorize or direct a transaction necessary to meet the respondent's need for health, safety or care, including:
(A) A particular medical treatment or refusal of a particular medical treatment;
(B) a move to a specified place of dwelling; or
(C) visitation between the respondent and another person;
(2) order supervised visitation with, or restrict access to the respondent by, a specified person whose access places the respondent at serious risk of physical, psychological or financial harm; and
(3) order other arrangements on a limited basis that are appropriate.
(c) In deciding whether to issue an order under this section, the court shall consider the factors under K.S.A. 59-30,153 and 59-30,154, and amendments thereto, which a guardian must consider when making a decision on behalf of an adult subject to guardianship.
(d) Any order issued under this section may include reporting requirements, time limits, bond requirements or any other provisions deemed necessary by the court.
History: L. 2025, ch. 40, ยง 120; January 1, 2026.