HB 2536

                             HOUSE BILL No. 2536
AN ACT concerning the Kansas uniform guardianship, conservatorship and other
   protective arrangements act; requiring the secretary for aging and disability services
   to approve training programs for proposed guardians for certain adults who have a
   cognitive impairment or are diagnosed with a neurological condition; requiring such
   proposed guardians to complete an approved training program prior to appointment
   as a guardian; amending K.S.A. 59-30,149 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
    New Section 1. (a) The secretary for aging and disability services
shall approve training programs for proposed guardians for adults as
described in K.S.A 59-30,149, and amendments thereto, and maintain a
list of such approved programs for use by courts and proposed
guardians.
    (b) The secretary shall require such training programs to provide
specific guidance for proposed guardians who will be assisting adults
who have a cognitive impairment or are diagnosed with Alzheimer's
disease, dementia or a similar neurological condition, which shall
include:
    (1) Common aspects of normal aging;
    (2) warning signs of Alzheimer's disease and dementia;
    (3) effective strategies for communicating with such adults; and
    (4) effective strategies and resources available for supporting such
adults in exercising their rights.
    (c) Application for approval of a training program under this
section shall be made to the secretary in such manner as the secretary
may direct. The secretary may suspend or revoke approval of a
program under this section if the secretary finds that such program is
not in compliance with the criteria established in this section or rules
and regulations adopted pursuant to this section.
    (d) The secretary shall adopt rules and regulations necessary to
administer the provisions of this section.
    (e) This section shall be a part of and supplemental to the Kansas
uniform guardianship, conservatorship and other protective
arrangements act.
    Sec. 2. K.S.A. 59-30,149 is hereby amended to read as follows:
59-30,149. (a) Except as otherwise provided in subsection (c), the court
in appointing a guardian for an adult shall consider persons qualified to
be guardian in the following order of priority:
    (1) A guardian, other than a temporary or emergency guardian,
currently acting for the respondent in another jurisdiction;
    (2) a person nominated as guardian by the respondent, including
the respondent's most recent nomination made in a power of attorney;
    (3) an agent appointed by the respondent under a power of
attorney for healthcare;
    (4) a spouse of the respondent;
    (5) a family member or other individual who has shown special
care and concern for the respondent; and
    (6) a person nominated as guardian by the spouse, adult child or
other close family member of the respondent.
    (b) If two or more persons have equal priority under subsection
(a), the court shall select as guardian the person whom the court
considers best qualified. In determining the best qualified person, the
court shall consider the person's relationship with the respondent, the
person's skills, the expressed wishes of the respondent, the extent to
which the person and the respondent have similar values and
preferences and the likelihood the person will be able to perform the
duties of a guardian successfully.
    (c) The court, acting in the best interest of the respondent, may
decline to appoint as guardian a person having priority under
subsection (a) and appoint a person having a lower priority or no
priority.
    (d) In determining whether the appointment of a proposed
guardian is in the best interest of the respondent, the court shall
consider the number of other cases in which the proposed guardian,
other than a corporation, is currently serving as guardian, particularly if
                           HOUSE BILL No. 2536—page 2
that number is more than 15.
   (e) The following persons shall not be appointed as guardian
unless the court finds by clear and convincing evidence that the person
is the best qualified person available for appointment and the
appointment is in the best interest of the respondent:
   (1) A person that provides paid services to the respondent, or an
individual who is employed by a person that provides paid services to
the respondent, or is the spouse, parent or child of an individual who
provides or is employed to provide paid services to the respondent;
   (2) an owner, operator or employee of any entity at which the
respondent is receiving care; and
   (3) a person who provides care or other services, or is an
employee of an agency, partnership or corporation that provides care or
other services to persons with needs similar to those of the respondent.
   (f) (1) Except as provided further, if the respondent has cognitive
impairment or has been diagnosed with Alzheimer's disease, dementia
or a similar neurological condition, the court shall not appoint a
person as guardian for such adult until such person completes a
training program approved pursuant to section 1, and amendments
thereto, and verifies completion of such program by filing an affidavit
with the court.
   (2) The court, acting in the best interest of the respondent, may
waive the requirements of this subsection. The court shall enter such
waiver in the record of the proceedings.
   Sec. 3. K.S.A. 59-30,149 is hereby repealed.
   Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
                                                                                     Speaker of the House.
                                                                                Chief Clerk of the House.
Passed the SENATE  ______________________________________________________________________________
                                                                                   President of the Senate.
                                                                                   Secretary of the Senate.
APPROVED   __________________________________________________________________________________________________
                                                                                                       Governor.