Kansas Guardianship Laws: The New Act for Adults and Minors (2026)

In Kansas, a district court may appoint a guardian, who makes decisions about a person's personal affairs, a conservator, who makes decisions about property or financial affairs, or both, under the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212 (K.S.A. 59-30,101, 59-30,102(e), (j)). For an adult, the court may appoint a guardian only if it finds by clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety or self-care, even with appropriate supportive services, technological assistance or supported decision making, and that the respondent's needs cannot be met by a protective arrangement instead of guardianship or another less restrictive alternative (K.S.A. 59-30,141(a)).

This is new law. The act took effect January 1, 2026, and replaced K.S.A. 59-3050 et seq., the act for obtaining a guardian or a conservator, or both, which was repealed as of that date (L. 2025, ch. 40). The new act covers minors and adults in one place, and it applies both to proceedings commenced after January 1, 2026 and, with limited exceptions, to guardianships and conservatorships that already existed on that date (K.S.A. 59-30,211). Older guides and court papers that cite 59-3050 and the sections following it describe the repealed law. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Kansas state law on guardianship and conservatorship of minors and adults, protective arrangements, standby and emergency guardians, and the statutory alternatives, under K.S.A. 59-30,101 to 59-30,212 as in effect since January 1, 2026. It does not cover custody disputes between parents (see Kansas child custody laws), grandparent visitation (see Kansas grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Kansas probate), child-in-need-of-care cases under the Revised Kansas Code for Care of Children, which are a separate juvenile-court track, or civil commitment and mental-health care and treatment proceedings.

Kansas guardianship terms and where the law lives

The whole subject sits in Chapter 59, Article 30 of the Kansas Statutes Annotated. Section 59-30,101 provides that "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." Kansas writes these section numbers with a comma (59-30,141), which distinguishes them from the repealed sections (59-3050 and following).

The act does not rest on a general "incapacitated person" label. Instead, each type of appointment has its own functional test, set out in 59-30,141 for an adult guardian and 59-30,160 for a conservator.

Existing guardianships. The act applies to a proceeding commenced after January 1, 2026 and to a guardianship, conservatorship or protective arrangement in existence on that date, "unless the court finds application of a particular provision of this act would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of this act does not apply and the superseded law applies" (59-30,211(a)). The new requirements for a guardian's plan and a conservator's plan do not apply to guardianships and conservatorships in existence on January 1, 2026 unless the court orders a plan (59-30,211(b)).

How to get guardianship of a child in Kansas

"A person becomes a guardian for a minor only on appointment by the court" (59-30,128(a)). A person interested in the welfare of a minor, including the minor, may file a verified petition for appointment of a guardian (59-30,129(a)).

When the court may appoint

After a hearing, the court may appoint a guardian for a minor who does not have one if it finds that the appointment is in the minor's best interest and one of these is true:

(1) Each parent of the minor, after being fully informed of the nature and consequences of guardianship, consents; (2) all parental rights have been terminated; (3) there is clear and convincing evidence that the parents of the minor are unwilling, unable or unfit to exercise the powers the court is granting the guardian; or (4) there is clear and convincing evidence that highly unusual or extraordinary circumstances exist that cause the court to appoint the guardian over the objection of a parent of the minor.

K.S.A. 59-30,128(b)

So when a parent objects and has not consented, the petitioner must show, by clear and convincing evidence, either that the parents are unwilling, unable or unfit to exercise the powers being granted, or highly unusual or extraordinary circumstances, in addition to the best-interest finding.

Who must be served

The petitioner must serve notice of the hearing and a copy of the petition personally on each of the following who is not the petitioner: the minor, if the minor will be 12 or older at the time of the hearing; each parent or, if there is none, the adult nearest in kinship who can be found with reasonable diligence; any adult with whom the minor resides; and the persons who had primary care of the minor for the periods 59-30,130(a)(1) describes, among others that subsection lists. Other notice goes to further relatives and nominees, including grandparents and adult siblings, as 59-30,130 provides.

Service on the minor and the parents is a condition of granting the petition. The court may not grant it unless notice substantially complying with 59-30,130(a)(1) is served on the minor, if 12 or older, and on each parent, "unless the court finds by clear and convincing evidence that the parent cannot with due diligence be located and served or the parent waived, in a record, the right to notice" (59-30,130(c)).

Lawyers for the child and the parents

The court must appoint an attorney for the minor if the minor is 12 or older and requests one, if a guardian ad litem recommends it, or if the court determines that the minor needs representation (59-30,131(a)). It must appoint an attorney for a parent "if the court determines the parent needs representation" (59-30,131(d)).

Who the court appoints

Section 59-30,133(b) sets the order:

1. "The court shall appoint a person nominated as guardian by a parent of the minor in a will or other record unless the court finds the appointment is contrary to the best interest of the minor."
2. If parents nominated different people, the court appoints the nominee whose appointment is in the minor's best interest, unless it finds that none of the nominees' appointment is in the minor's best interest.
3. Otherwise, the court appoints the person nominated by the minor, if the minor is 12 or older, unless that appointment is contrary to the minor's best interest.

The appointment "shall not be construed to relieve a parent of any obligation imposed by law for the support, maintenance, care, treatment, habilitation or education of that parent's minor child" (59-30,133(e)). The order must also state that each parent is entitled to notice of matters such as a change in the minor's residence or school, a limitation of the guardian's powers, or the guardian's removal (59-30,133(c)).

What a guardian of a child may decide

A guardian for a minor is a fiduciary with the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety and welfare, except as the court limits them (59-30,136(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" (59-30,137(a)). Those powers include, unless inconsistent with a court order entitled to recognition in Kansas, taking custody of the minor and establishing the minor's place of dwelling, and consenting to health or other care, treatment or service for the minor (59-30,137(b)).

A guardian for a minor may not exercise any control or authority over the minor's estate unless the court specifically authorizes it, and a guardian given that authority must prepare an inventory (59-30,138). The court may require, or the guardian may choose, a plan of care for the minor, which may address where the minor will live and attend school and whether the parents will have contact or visitation, access to records, or any retained decision-making; the minor, a parent and the others entitled to notice of the plan may object in writing not later than 21 days after it is filed (59-30,140).

Some acts need the court:

• Moving out of state. The guardian may establish or move the minor's dwelling outside Kansas only on authorization of the court (59-30,137(b)(2)).
• Adoption. The court may authorize a guardian to consent to the minor's adoption only "if the minor does not have a parent" (59-30,137(c)).
• Marriage. A guardian "may consent to the marriage of the minor if authorized by the court, and the guardianship shall terminate upon such marriage" (59-30,137(d)).

Parent-versus-parent custody and grandparent visitation are separate subjects; see our Kansas child custody laws and Kansas grandparents' rights pages.

When a child's guardianship ends

A guardianship for a minor terminates on the minor's death, adoption, emancipation or attainment of majority, or when the court finds that the 59-30,128 standard for appointment is no longer satisfied, "unless the court finds that: (A) Termination of the guardianship would be harmful to the minor; and (B) the minor's interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor" (59-30,139(a)).

The minor or a person interested in the minor's welfare may petition the court to terminate or modify the guardianship, remove the guardian and appoint a successor, or remove a standby guardian and appoint a different one (59-30,139(b)). The section does not say which party bears the burden on a parent's petition.

A child's money and property

A minor's property does not always need a conservator:

• Parent management up to $25,000. "The parent of a minor has the right and responsibility to hold in trust and manage for the minor's benefit all of the personal and real property vested in such minor when the total of such property does not exceed $25,000 in value, unless a guardian or conservator has been appointed for the minor" (59-30,193).
• Payments to a minor. Unless the payor knows a conservator has been appointed or a conservatorship proceeding is pending, a person may transfer up to $25,000 in a 12-month period to a person who has care or custody of the minor and with whom the minor resides, a guardian for the minor, a custodian under the uniform transfers to minors act, or a financial institution as a deposit in an interest-bearing account or certificate solely in the minor's name (59-30,192(a)).
• Money held by the court. Section 59-30,194 lets the court deal with amounts not exceeding $100,000 without appointing a conservator, under the conditions that section sets.

A conservator for a minor may be appointed when the court finds, by a preponderance of evidence, that the minor owns funds or other property exceeding $25,000 in value derived from court settlements, death transfers or sources other than the minor's employment earnings or uniform transfers to minors act accounts, and also finds that the property needs management or protection that cannot otherwise be provided, that the minor's financial affairs may be put at unreasonable risk or hindered because of the minor's age, or that appointment is necessary or desirable to obtain or provide funds or other property for the minor's support, care, education, health or welfare (59-30,160(a)).

Can a parent name a guardian in a will in Kansas?

Yes, as a nomination the court follows unless it is contrary to the child's best interest. Under 59-30,133(b)(1), "the court shall appoint a person nominated as guardian by a parent of the minor in a will or other record unless the court finds the appointment is contrary to the best interest of the minor." The nomination does not appoint anyone by itself; the nominee still becomes guardian only on appointment by the court (59-30,128(a)). If parents have nominated different people, the court chooses by the minor's best interest (59-30,133(b)(2)).

Standby guardian for a child

Kansas lets a parent plan ahead with a court-appointed standby guardian. "A parent of a minor, in a signed record, may nominate a person to be appointed by the court as standby guardian for the minor" (59-30,134(b)). The court may appoint the standby guardian on a petition by a parent or the nominee and a finding that "no parent of the minor likely will be able or willing to care for or make decisions with respect to the minor not later than two years after the appointment" (59-30,134(c)). A person entitled to notice may object not later than 30 days after service of the petition (59-30,134(f)). If an objection is filed, the court must hold a hearing; if none is filed, it may make the appointment. The court must appoint the parent's nominee unless the appointment is contrary to the minor's best interest (59-30,134(g), (j)(1)).

The standby guardian may act as guardian, with all of a guardian's duties and powers, "when no parent of the minor is willing or able to exercise the duties and powers granted to the guardian" (59-30,134(a)). Before assuming those duties, the standby guardian must file an acceptance of appointment with the court and give notice of it to each parent and the others 59-30,134(l) lists. A person entitled to notice may object, and the court must hold a hearing if the objection supports a reasonable belief that the conditions for assuming the role have not been met (59-30,134(m)).

The act's definition of "standby guardian" (59-30,102(gg)) and its standby procedure (59-30,134) concern minors.

Letting a relative care for a child without going to court

The guardianship act contains no section that lets a parent delegate parental powers to a relative by power of attorney. A parental power of attorney appears in a narrower statute, the Host Families Act, and only for a child placed into a host-family program established under K.S.A. 38-2403(a). Its limits:

• What may be delegated. A parent may delegate to a host family "any of the powers regarding the care and custody of the child, except the power to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child" (K.S.A. 38-2403(d)(1)).
• Consent of custodians. The placement is not allowed "without the consent of all individuals who have legal custody of the child" (38-2403(d)(1)).
• Duration. The power of attorney "shall not exceed one year in duration, except that such power of attorney may be renewed for one additional year." A serving parent on active duty may sign one for longer, not exceeding "the term of active duty service plus 30 days" (38-2403(d)(2)).
• Revocation. The parent may revoke or withdraw it at any time (38-2403(d)(4)).
• Not abandonment. Signing it "shall not be evidence of abandonment, abuse or neglect" as defined in K.S.A. 38-2202 (38-2403(d)(5)).

The Host Families Act power of attorney does not make the host family a guardian.

How to become guardian of an adult in Kansas

The petition

"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" (59-30,142(a)). Among its required contents, the petition must describe the reason a guardianship is necessary, including the nature and extent of the respondent's alleged need, any protective arrangement or other less restrictive alternative that was considered or implemented (or why none was), and why those alternatives are insufficient; it must say whether a limited or full guardianship is sought and, if full, why a limited guardianship or protective arrangement is not appropriate (59-30,142(b)).

Notice to the respondent

The petition and notice of the hearing "must be served personally on the respondent." The notice must inform the respondent of the right to an attorney and to attend the hearing and must describe "the nature, purpose and consequences of granting the petition." The court may not grant the petition if notice substantially complying with this rule is not served on the respondent (59-30,143(b)). Notice also goes to the other persons 59-30,143(c) lists, but "failure to give notice under this subsection does not preclude the court from appointing a guardian."

A lawyer for the respondent

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 respondent in other matters if the court has knowledge of that prior representation or to an attorney whom the respondent has requested.

K.S.A. 59-30,145(a)

The attorney must advocate for the respondent's wishes, or for the least restrictive result if those wishes are not ascertainable, and must tell the respondent that the costs may be paid from the respondent's assets (59-30,145). The appointment "shall terminate after the guardian's plan has been approved and after any appeal from the appointment of a guardian, unless the court continues the appointment by further order" (59-30,145(a)).

Hearing rights

The hearing "may not proceed unless the respondent attends the hearing," except as 59-30,147(b) provides, which allows the court to proceed on clear and convincing evidence of the circumstances that subsection lists, such as that the respondent has chosen not to attend or there is no practicable way for the respondent to attend. The respondent may present evidence, subpoena witnesses and examine witnesses, and the hearing "must be closed on request of the respondent and a showing of good cause" (59-30,147(g)).

Evaluation and court liaison

If the petition or the evidence supports a prima facie case of the need for a guardian, "the court shall order an examination and evaluation of the respondent" by a qualified professional (59-30,146(a)). The professional must file a written report "at least five days prior to the date of the trial" (59-30,146(c)). The court may instead accept a report filed with the petition, unless the respondent requests an evaluation in writing at least four days before trial (59-30,146(d)).

On receiving a petition, the court may appoint a court liaison, who "must be an individual with training or experience in the type of abilities, limitations and needs alleged in the petition," to interview the respondent and investigate (59-30,144(a)).

The standard and the findings

Section 59-30,141(a) states the standard:

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 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 (B) the respondent's identified needs cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative; or (2) with appropriate findings, treat the petition as one for a conservatorship ... or a protective arrangement ..., issue any appropriate order or dismiss the proceeding.

K.S.A. 59-30,141(a)

Limited guardianship first

"The court shall grant a guardian appointed under subsection (a) only those powers necessitated by the demonstrated needs and limitations of the respondent and issue orders that will encourage development of the respondent's maximum self-determination and independence. The court may not establish a full guardianship if a limited guardianship, protective arrangement instead of guardianship or other less restrictive alternatives would meet the needs of the respondent" (59-30,141(b)).

The order must reflect that. An order establishing a full guardianship "must state the basis for granting a full guardianship and include specific findings that support the conclusion that a limited guardianship would not meet the functional needs of the adult subject to guardianship," and an order establishing a limited guardianship "must state the specific powers granted to the guardian" (59-30,150(b), (c)). The order must also include findings that less restrictive options, including supported decision making, cannot meet the respondent's needs and that the respondent received proper notice (59-30,150(a)).

Who serves as guardian

Unless the court finds that a lower-priority appointment is in the respondent's best interest, 59-30,149(a) gives priority in this order:

1. A guardian, other than a temporary or emergency guardian, currently acting for the respondent in another jurisdiction.
2. A person nominated 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 health care.
4. The respondent's spouse.
5. A family member or other individual who has shown special care and concern for the respondent.
6. A person nominated by the respondent's spouse, adult child or other close family member.

The court must consider how many other cases the proposed guardian (other than a corporation) is serving in, "particularly if that number is more than 15" (59-30,149(d)). A person who provides paid services to the respondent, an owner, operator or employee of an entity where the respondent receives care, and the others 59-30,149(e) lists may not be appointed unless the court finds by clear and convincing evidence that the person is the best qualified person available and the appointment is in the respondent's best interest.

Since July 1, 2026, if the respondent has a cognitive impairment or has been diagnosed with Alzheimer's disease, dementia or a similar neurological condition, the court may not appoint a person as guardian until that person completes a training program approved by the Secretary for Aging and Disability Services and files an affidavit with the court showing completion; the court, acting in the respondent's best interest, may waive the requirement (59-30,149(f), added by 2026 House Bill 2536, 2026 Session Laws chapter 44).

The Kansas guardianship program, created by K.S.A. 74-9601 and following, exists "to provide a means to recruit volunteers to serve as court appointed guardians or conservators, or both, of adults who are found by the court to be in need of this level of protection" (K.S.A. 74-9602). The guardianship petition must state whether the proposed guardian is under contract with the program (59-30,142(b)).

What a Kansas guardian can decide, and the rights the adult keeps

A guardian for an adult is a fiduciary who makes decisions the adult would make if able, and otherwise acts in the adult's best interest (59-30,153). The guardian may set the adult's place of dwelling, with these limits:

• Facility moves. The guardian may establish or move the adult's permanent dwelling to a nursing home, mental health facility or other facility that restricts the adult's ability to leave or have visitors "only if: (A) The establishment or move is in the guardian's plan ...; (B) the court authorizes the establishment or move; or (C) the guardian gives notice of the establishment or move at least 14 days before the establishment or move to the adult and all persons entitled to notice ..., and no objection is filed" (59-30,154(e)(4)).
• Moving out of Kansas. Only "if consistent with the guardian's plan and authorized by the court by specific order" (59-30,154(e)(5)).
• The adult's home. Selling or surrendering the lease on the adult's primary dwelling follows the same plan, court-order or 14-days'-notice-without-objection rules (59-30,154(e)).

Section 59-30,155 bars a guardian from certain acts without further authority. Among them, a guardian may not restrict the adult's ability to communicate, visit or interact with others unless the court authorizes it by specific order, a protective order or protective arrangement limits contact with a person, or the guardian has good cause to believe the contact poses a risk of significant physical, psychological or financial harm, and then only "for a period of not more than seven business days if the person has a family or pre-existing social relationship with the adult; or ... for a period of not more than 60 days if the person does not" (59-30,155(b)). A guardian may not consent to the adult's sterilization "unless approved by the court following a due process hearing ... during which hearing the adult is represented by an attorney appointed by the court" (59-30,155(c)(2)). The section also restricts initiating a mental health commitment other than under the care and treatment act, consenting to psychosurgery, removal of an organ or amputation without advance court approval (except in an emergency), consenting to experimental procedures without review approval, and withholding life-sustaining care except under the adult's declaration, a durable power of attorney for health care, or the physician-certification route the section sets, and it presumes that nutrition and hydration will be provided (59-30,155).

Rights statement. Not later than 30 days after appointment, the court or its designee must give the adult, the guardian and the persons entitled to notice a statement of the adult's rights (59-30,151(b)). It must include the adult's right to seek termination or modification of the guardianship or removal of the guardian and to choose an attorney for those matters, to file a grievance against the guardian under 59-30,127, and to be involved in decisions about care, dwelling, activities and social interactions to the extent reasonably feasible, and it must state that "the adult retains the right to vote and the right to marry," along with the further rights 59-30,151(b) lists.

Plans, reports and the 90-day review

• Guardian's plan. Not later than 60 days after appointment, and when circumstances change significantly, a guardian for an adult must file a plan for the adult's care (59-30,156(a)). This requirement does not reach guardianships in existence on January 1, 2026 unless the court orders a plan (59-30,211(b)).
• Review hearing. The order appointing a guardian for an adult "must include the date of a review hearing to be set 90 days after the order of appointment is entered," at which the court reviews the guardian's plan (59-30,150(d)).
• Annual report. The guardian must file a report "at least annually and at any other time the court directs" about the adult's condition and the funds and property in the guardian's possession or control (59-30,157(a)), plus special reports on events 59-30,157(c) lists. The court must review each report at least annually to decide whether the guardian has complied with the guardian's duties, whether the guardianship should continue, and whether any requested fees should be approved (59-30,157(f)).

Conservatorship for an adult

A court may appoint a conservator for an adult's property or financial affairs only on clear and convincing evidence of all three elements in 59-30,160(b): the adult is unable to manage property or financial affairs because of a limitation in receiving and evaluating information or making or communicating decisions, "even with the use of appropriate supportive services, technological assistance or supported decision making," or because the adult is missing, detained or unable to return to the United States; appointment is necessary to avoid harm to the adult or significant dissipation of the adult's property, or to obtain or provide funds needed for the support, care, education, health or welfare of the adult or someone entitled to the adult's support; and the adult's needs cannot be met by a protective arrangement instead of conservatorship or another less restrictive alternative. The court grants only the powers needed, and a full conservatorship is not available if a limited one would meet the adult's needs (59-30,160(c)).

The conservator's safeguards:

• Bond. The court must require a bond with a surety, or an alternative asset-protection arrangement, and "may waive the requirement only if the court finds that a bond or other asset-protection arrangement is not necessary to protect the interests of the individual subject to conservatorship" (59-30,174(a)). The court may not waive the bond for a conservator who is in the business of serving as a conservator and is paid for that service (59-30,174(a)). Section 59-30,174(b) sets the amount, and a regulated financial-service institution qualified to do trust business in Kansas is not required to give a bond (59-30,174(c)).
• Inventory. "Not later than 60 days after appointment," the conservator must file a detailed inventory of the estate (59-30,181(a)).
• Reports. The conservator files a report on the estate's administration "annually unless the court otherwise directs," and at the other times 59-30,182(a) lists.
• Court approval. A conservator needs specific court authorization to make a gift (other than one of de minimis value) and to sell, encumber or surrender a lease to the individual's property, "unless such power is included in a conservator's plan approved by the court and by the attorney for the individual subject to conservatorship" (59-30,179(a)).

Protective arrangements instead of guardianship

Kansas lets a court solve a specific problem without appointing a guardian. On the same clear-and-convincing findings about the respondent's abilities and needs, the court, "instead of appointing a guardian, may" authorize or direct a transaction needed for the respondent's health, safety or care, such as "a particular medical treatment or refusal of a particular medical treatment," "a move to a specified place of dwelling," or visitation; order supervised visitation with, or restrict access by, a person whose access places the respondent at serious risk of harm; and order other limited arrangements (59-30,197(b)). The order may include reporting requirements, time limits and bond requirements (59-30,197(d)). A parallel procedure covers protective arrangements instead of conservatorship (59-30,198).

Emergency guardianship in Kansas

Adults. The court may appoint an emergency guardian for an adult on probable cause that the appointment is necessary to prevent imminent and substantial harm, that no other person has the authority and willingness to act, and that a basis for guardianship under 59-30,141 exists (59-30,152(a)). "Immediately upon filing of a petition for appointment of an emergency guardian for an adult, the court shall appoint an attorney to represent the respondent" (59-30,152(c)). If the appointment is made without notice, notice must be given within 48 hours, and the court must hold a hearing on the appropriateness of the appointment "not later than five days after the appointment" (59-30,152(d)). The emergency guardian's authority "may not exceed 30 days," limited to the powers in the order, and may be extended "up to three times for not more than 30 days per extension if the court finds good cause and that the conditions for appointment of an emergency guardian in subsection (a) continue" (59-30,152(b)).

Minors. An emergency guardian for a minor requires probable cause that the appointment is necessary to prevent imminent and substantial harm and that no other person has the authority and willingness to act (59-30,135(a)). The same 30-day limit and up to three 30-day extensions apply (59-30,135(b)). An appointment without notice requires a showing of substantial harm before a hearing could be held; notice must follow within 48 hours, and the court must hold a hearing "not later than seven days after the appointment" (59-30,135(d)).

A separate provision lets the court appoint a temporary substitute guardian for up to six months in the situations 59-30,125(a) lists, such as a pending proceeding to remove a guardian.

How an adult guardianship ends or is modified

The adult, the guardian or a person interested in the adult's welfare may petition to terminate or modify the guardianship (59-30,159(a)). The court must hold a hearing on a petition whose allegations, if true, would support a reasonable belief that termination or modification 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" (59-30,159(b)(1)). A communication from the adult, the guardian or an interested person that supports such a reasonable belief also triggers a hearing (59-30,159(b)(2)).

After the hearing, "the court shall order termination unless it is proven that a basis for appointment of a guardian under K.S.A. 59-30,141, and amendments thereto, continues to exist" (59-30,159(d)). The adult has the right to choose an attorney for the termination or modification proceeding, and if the adult is not represented, the court must appoint an attorney under the same conditions as at the original hearing (59-30,159(g)).

Alternatives to guardianship in Kansas

Inside the guardianship act. Supported decision making is part of every adult decision: the guardian and conservator standards ask whether the person can meet their needs "even with appropriate supportive services, technological assistance or supported decision making" (59-30,141(a); 59-30,160(b)), and the statutory list of less restrictive alternatives includes supported decision making, a representative payee, and an agent under a power of attorney for health care or finances (59-30,102(o)).

The 2026 Supported Decision-Making Agreements Act. The Legislature passed Senate Bill 84, "enacting the supported decision-making agreements act," and the Governor approved it on April 7, 2026. Section 12 provides that the act "shall take effect and be in force from and after its publication in the statute book," and it took effect July 1, 2026, as 2026 Session Laws chapter 77, codified at K.S.A. 59-30a01 to 59-30a09. Under the act:

• An agreement is valid if it is dated and in writing, meets the act's content requirements, and is signed by the principal and each named supporter, including any alternate, under penalty of perjury; when the principal has a guardian or conservator, the principal must have notified that guardian or conservator of the agreement (SB 84, New Sec. 5(a)).
• "A person shall recognize a decision or request made or communicated with the decision-making assistance of a supporter ... as the decision or request of the principal for the purposes of a provision of law" (New Sec. 8(a)).
• Signing an agreement "shall not constitute evidence that the principal does not have capacity," and it "may not be used as evidence for the petition or appointment of a guardianship or conservatorship" (New Sec. 9).
• Supporters assist rather than decide: the act makes supporters fiduciaries and provides that they may not make decisions or sign for the principal.
• An adult may not enter into an agreement that encroaches on the authority of the adult's guardian or conservator unless that guardian or conservator approves it in writing (New Sec. 3(c)).
• If the principal becomes incapacitated, the agreement is terminated (New Sec. 6(d)). A person who in good faith declines to honor an authorization in the circumstances the act lists, such as a report of suspected abuse or exploitation by the supporter or a conflict with good-faith medical judgment, is not subject to civil or criminal liability for declining (New Sec. 8(b)).

Powers of attorney. A power of attorney for finances and a power of attorney for health care are signed while the person still has capacity, and a respondent's most recent guardian nomination in a power of attorney receives priority (59-30,149(a)(2)). The signing rules are on our Kansas power of attorney laws page. Free drafting tools are available for a Kansas power of attorney and a Kansas advance directive; a tool is not legal advice, and any document must be signed under the Kansas rules described on the power of attorney page.

Federal benefits. The Social Security Administration decides for itself whether to appoint a representative payee, and a legal guardian is one person it may choose rather than an automatic payee (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Kansas with a guardianship

Kansas has the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (2007) at K.S.A. 59-30,251 through 59-30,273 (59-30,251). Within the guardianship act, 59-30,126 provides for registering an out-of-state guardianship or conservatorship order, but "absent a transfer pursuant to K.S.A. 59-30,105, and amendments thereto, jurisdiction remains with the court that established the guardianship or conservatorship" (59-30,126(d)). For a minor, the district court's jurisdiction is subject to the Uniform Child Custody Jurisdiction and Enforcement Act, K.S.A. 23-37,101 through 23-37,405 (59-30,104(a)).

Kansas guardianship at a glance

Related Kansas pages

• Guardianship laws by state
• Kansas power of attorney laws
• Kansas child custody laws
• Kansas grandparents' rights
• Kansas probate

This article provides general legal information about Kansas guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Kansas or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

What is the current Kansas guardianship statute?

Since January 1, 2026, the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212. It replaced K.S.A. 59-3050 et seq., which was repealed effective that date (L. 2025, ch. 40).

How do I get guardianship of my grandchild in Kansas?

A person interested in the child's welfare may file a verified petition (K.S.A. 59-30,129). After a hearing, the court may appoint a guardian if it is in the child's best interest and each parent consents, all parental rights have been terminated, or there is clear and convincing evidence that the parents are unwilling, unable or unfit, or of highly unusual or extraordinary circumstances (59-30,128(b)). Each parent must be served unless the court finds by clear and convincing evidence that the parent cannot be located or waived notice in a record (59-30,130(c)).

Can a parent name a guardian for a child in Kansas?

Yes. The court must appoint a person a parent nominated in a will or other record unless the appointment is contrary to the child's best interest (K.S.A. 59-30,133(b)(1)). A parent may also nominate a standby guardian in a signed record, whom the court may appoint on the findings in 59-30,134(c).

Does Kansas have a power of attorney to let someone else care for my child?

The guardianship act has no parental delegation section. The Host Families Act allows a parent to delegate care and custody powers by power of attorney only for a child placed into a host-family program under K.S.A. 38-2403(a), for up to one year plus one renewal year (longer for a parent on active duty), with consent of everyone who has legal custody and with powers such as consent to marriage, adoption or abortion excluded (38-2403(d)).

What must be proved to get guardianship of an adult in Kansas?

Clear and convincing evidence that the respondent cannot meet essential requirements for physical health, safety or self-care, even with supportive services, technological assistance or supported decision making, and that a protective arrangement or other less restrictive alternative cannot meet the respondent's needs (K.S.A. 59-30,141(a)).

Does the adult get a lawyer in a Kansas guardianship case?

Yes. The court must appoint an attorney for the respondent regardless of the respondent's ability to pay (K.S.A. 59-30,145(a)), and the attorney must tell the respondent that the costs may be paid from the respondent's assets.

How long does an emergency guardianship last in Kansas?

No more than 30 days, extendable up to three times for not more than 30 days each if the court finds good cause and the appointment conditions continue (K.S.A. 59-30,135(b) for minors; 59-30,152(b) for adults). For an adult appointed without notice, the court must hold a hearing within five days (59-30,152(d)).

Can a Kansas guardian move an adult into a nursing home?

Only if the move is in the court-reviewed guardian's plan, the court authorizes it, or the guardian gives at least 14 days' notice to the adult and everyone entitled to notice and no objection is filed (K.S.A. 59-30,154(e)(4)).

Does Kansas have supported decision-making agreements?

Yes. Kansas's Supported Decision-Making Agreements Act, 2026 Senate Bill 84 (2026 Session Laws chapter 77), took effect July 1, 2026, and is codified at K.S.A. 59-30a01 to 59-30a09. An agreement terminates if the principal becomes incapacitated. Separately, the guardianship act already requires courts to consider supported decision making before appointing a guardian or conservator (K.S.A. 59-30,141(a), 59-30,160(b)).

How is a Kansas guardianship ended?

The adult, the guardian or an interested person may petition; after a hearing, the court must order termination unless it is proven that a basis for guardianship under K.S.A. 59-30,141 continues to exist (59-30,159(d)). The court may decline a hearing if a petition on substantially similar facts was filed in the preceding six months (59-30,159(b)(1)).