
Kansas Guardianship Planning
Kansas replaced its guardianship act on January 1, 2026. What a district court must find, and the alternatives it has to rule out.
Kansas guardianship is a district court case under the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212. A guardian decides personal matters. A conservator decides money matters. The court may appoint one, the other, both, or neither, and K.S.A. 59-30,141(b) forbids a full guardianship where a limited guardianship, a protective arrangement or another less restrictive alternative would meet the person's needs.
Read the date before you read anything else about Kansas guardianship. That act took effect January 1, 2026, and it replaced the older law at K.S.A. 59-3050 through 59-3097, which is now repealed in full. Guidance written before 2026 cites section numbers that no longer exist, and the two ranges look almost identical. The difference is a comma: 59-3068 is dead and 59-30,149 is live. Every rule below was read on 2026-09-07 in the section pages the Kansas Office of Revisor of Statutes publishes, and every 2026 amendment was checked in the Kansas Secretary of State's session laws.
This page is a planning map rather than a filing kit, and it is general information about Kansas law rather than advice about your family. A guardianship case moves decisions away from an adult, so ask a licensed Kansas attorney to look at any petition, nomination or plan before you rely on it.
The Act Changed on January 1, 2026, and the Old Section Numbers Are Gone
L. 2025, ch. 40 rewrote the whole subject. K.S.A. 59-30,101 states the short title, and the revisor prints a note on that section recording that the new act replaces the earlier act for obtaining a guardian or a conservator, or both.
The transition rule sits at K.S.A. 59-30,211 and answers the question a family with an existing case asks first.
- The act governs any guardianship, conservatorship or protective-arrangement case filed after January 1, 2026.
- It also reaches arrangements already in existence on that date, unless the court finds that applying a particular provision would substantially interfere with the effective conduct of the proceeding or prejudice a party's rights. Where the court makes that finding, the superseded law governs that one provision.
- One carve-out: the guardian's plan under K.S.A. 59-30,156 and the conservator's plan under K.S.A. 59-30,180 do not apply to a guardianship or conservatorship that existed on January 1, 2026 unless the court orders a plan.
Six features arrived with the new act and change what a Kansas case looks like: the protective arrangement as a court-ordered substitute for an appointment, an attorney appointed for every adult respondent regardless of ability to pay, a written statement of rights delivered within 30 days, the guardian's plan and a 90-day review hearing, a grievance route that anyone interested in the person's welfare can use, and supported decision making written into the appointment test itself.
One 2026 amendment is not yet reflected in the text the revisor posts. 2026 Kan. Sess. Laws ch. 44 (House Bill 2536), approved April 6, 2026, added a subsection (f) to K.S.A. 59-30,149. Where the respondent has cognitive impairment or a diagnosis of Alzheimer's disease, dementia or a similar neurological condition, the court shall 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 of completion. A court may waive the requirement in the respondent's best interest by entering the waiver in the record. Section 4 of that act ties its effective date to publication in the statute book.
Guardian, Conservator, and Who Controls the Money
Kansas keeps the two jobs apart in the statute even when the same person holds both, and the vocabulary matters when you are reading a court order.
- A guardian is appointed to make decisions about the personal affairs of an individual (K.S.A. 59-30,102(j)). The powers at K.S.A. 59-30,154(a) run to establishing where the adult lives, consenting to health, mental health or other care, applying for benefits where the court has authorized it, and receiving the adult's health information.
- A conservator is appointed to make decisions about property or financial affairs (K.S.A. 59-30,102(e)). A conservator posts a bond or another asset-protection arrangement unless the court finds one unnecessary, under K.S.A. 59-30,174.
- A guardian has no authority over money unless the court grants it. K.S.A. 59-30,155(f) says a guardian shall not exercise any control or authority over the adult's estate unless a court order grants it, and the court may hand over that authority and waive bond only where the combined value of funds and assets is initially $25,000 or less. A guardian who gets it prepares an inventory and gives notice of it under K.S.A. 59-30,181.
- The act retired the word ward. It says adult subject to guardianship, minor subject to guardianship, and individual subject to conservatorship, and it calls the person a petition names the respondent. Paperwork filed before 2026 still uses the old vocabulary.
$25,000 appears throughout the act and means a different thing each time. It is the ceiling for a guardian holding the estate (K.S.A. 59-30,155(f)), the floor above which a minor needs a conservator (K.S.A. 59-30,160(a)), the cap on a transfer for a minor with no conservator (K.S.A. 59-30,192(a)), the limit on a parent's own management authority (K.S.A. 59-30,193), and the ceiling for depositing an adult's money without a conservator (K.S.A. 59-30,195). K.S.A. 59-30,194(a) uses $100,000 for a court-authorized deposit of a minor's money. Read which figure your situation is actually about before quoting one.
What a Kansas Court Has to Find Before It Appoints Anyone
There is no defined status in this act called incapacity, and no diagnosis by itself qualifies anyone. K.S.A. 59-30,141(a)(1) sets a functional test, and the court has to reach it by clear and convincing evidence:
- 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
- those identified needs cannot be met by a protective arrangement instead of guardianship or another less restrictive alternative.
Read the words "even with" closely, because they decide most cases. The comparison is made against the adult with support already in place. A person whose needs are met by a helper, a pill organizer, a direct-deposit arrangement or a supporter they trust does not meet the test, no matter what a chart says.
The conservatorship standard at K.S.A. 59-30,160(b) tracks the same shape on the money side, with two extra findings: the appointment has to be necessary to avoid harm or significant dissipation of property, or to obtain funds needed for support, and the needs must still be unmeetable a less restrictive way. K.S.A. 59-30,160(b)(1)(B) adds a second route that has nothing to do with cognition, for an adult who is missing, detained or unable to return to the United States.
The order carries the proof. K.S.A. 59-30,150(a) requires an appointment order to state a specific finding, on clear and convincing evidence, that no protective arrangement or other less restrictive alternative would meet the needs, plus a specific finding that the respondent got proper notice. An order establishing a full guardianship must go further under K.S.A. 59-30,150(b) and state the basis with specific findings explaining why a limited guardianship would not meet the adult's functional needs. A limited order has to list the powers granted, and K.S.A. 59-30,108(c) puts any limitation on the letters of office so a bank or a care facility can see the boundary.
Naming Your Own Guardian Before Anyone Files
The planning move is a signature, and Kansas gives it real weight.
A nomination inside a health care power of attorney binds the court. K.S.A. 58-627(b) lets a principal nominate a conservator or guardian in a durable power of attorney for health care decisions, and says the court shall make its appointment in accordance with the most recent nomination except for good cause or disqualification. That is the strongest version available to a Kansas adult.
A nomination in any power of attorney sits second in the priority order. K.S.A. 59-30,149(a) lists, in order, a guardian already acting in another jurisdiction, a person the respondent nominated (including the most recent nomination made in a power of attorney), an agent appointed under a power of attorney for health care, the spouse, a family member or other individual who has shown special care and concern, and a person nominated by the spouse, an adult child or another close family member. Your own choice outranks your spouse. K.S.A. 59-30,169(a) runs the parallel ladder for a conservator.
That list is a ranking a judge considers, not a list of people who automatically get to decide. K.S.A. 59-30,149(c) lets the court skip a person with priority and appoint someone lower or with no priority at all, in the respondent's best interest, and subsection (d) tells the court to weigh how many other cases a proposed guardian already carries, particularly past 15.
Kansas powers of attorney are not durable by default, and this is the trap most template documents fall into. K.S.A. 58-652(a) keeps an attorney in fact's authority alive through the principal's disability only where three conditions hold together. The document is denominated a durable power of attorney. It contains one of the two sentences the statute prints, each saying in substance that the attorney in fact's authority does not terminate if the principal becomes disabled. And it is signed by the principal, dated, and acknowledged in the manner the revised uniform law on notarial acts prescribes. Read the conjunction: the section numbers those conditions and joins them with and, so a document carrying the title but not the sentence, or the sentence but no acknowledgment, does not clear it. The same subsection handles a principal who is competent and conscious but physically unable to sign, letting an adult designee sign the principal's name at the principal's specific direction, in the principal's presence and before a notary public. A Kansas financial power of attorney that skips the acknowledgment is not durable, which is the same as having none when it matters. The document rules sit in the Kansas power of attorney guide, and the medical half of the same problem, naming a health care decision maker, has its own execution rules.
Know the flip side before you sign. Under K.S.A. 58-627(a), a court-appointed guardian charged with responsibility for your person holds the same power to revoke or amend your health care power of attorney that you would have held. That is one more reason to name the person you would actually want the court to appoint.
Parents get two tools. Under K.S.A. 59-30,133(b)(1) the court shall appoint a parent's nominee unless it finds the appointment contrary to the child's best interest. Under K.S.A. 59-30,134 a parent may nominate a standby guardian in a signed record, revocable any time before the court appoints, who steps in later without a fresh case. The court appoints on a finding that no parent is likely to be able or willing to care for or decide for the child within two years, and a person entitled to notice has 30 days to object. Where no objection is filed the court may appoint without a hearing. That is the tool for a parent facing a serious illness or a deployment, and the will that carries a guardian nomination has its own signing rules in Kansas will requirements.
The Alternatives a Kansas Judge Has to Rule Out
K.S.A. 59-30,102(o) defines a less restrictive alternative as an approach that restricts fewer rights than a guardianship or conservatorship would, and names four by statute: supported decision making, appropriate technological assistance, appointment of a representative payee, and appointment of an agent by the individual, including under a power of attorney for health care or a power of attorney for finances. K.S.A. 59-30,142(b)(5) makes the petition itself describe which alternatives were considered or tried, or why none were, and why they fall short.
- A durable power of attorney for finances under the Kansas power of attorney act, K.S.A. 58-650 through 58-665. Watch the durability formalities above. Certain powers, including making or revoking a trust and making gifts, exist only where the document names them expressly.
- A durable power of attorney for health care decisions under K.S.A. 58-625 through 58-632. The agent sits third in the K.S.A. 59-30,149(a) order, and the nomination inside the document binds the court.
- A living will declaration under the Kansas natural death act, K.S.A. 65-28,101 through 65-28,109. It does not avoid a guardianship by itself, and it controls the single most consequential decision a guardian could otherwise face. K.S.A. 59-30,154(f)(2) requires a guardian making health care decisions to act in accordance with a declaration the adult made.
- Supported decision making, defined at K.S.A. 59-30,102(ii) as assistance from one or more people of the individual's own choosing in understanding the nature and consequences of decisions and in communicating a decision once made. Kansas prescribes no registry and no statutory form for it, so the arrangement is informal by design, and K.S.A. 59-30,153(b)(3) gives an appointed guardian a standing duty to make reasonable efforts to identify supportive relationships and services for the adult and to help them happen.
- A representative payee where the only money at stake is benefit income. The paying agency appoints one and no court is involved.
- A protective arrangement instead of guardianship or conservatorship under K.S.A. 59-30,196 through 59-30,198. This one is the middle option families rarely hear about, and it deserves its own paragraph.
The protective arrangement, which solves the problem without appointing anyone
Under K.S.A. 59-30,197(b)(1)(A) a court that has made the same clear and convincing findings supporting a guardianship may instead authorize or direct a particular medical treatment, or the refusal of one. It may also direct a move to a named place of dwelling, order visitation with a named person, order supervised visitation with or restrict access by someone whose contact puts the adult at serious risk of physical, psychological or financial harm, and make other limited arrangements. The order can carry reporting requirements, time limits and a bond.
Nobody walks away with ongoing authority over the adult's life. That is why the act treats a protective arrangement as less restrictive, and why the court has to rule it out before appointing a guardian at all. K.S.A. 59-30,198 does the financial version: it can approve a single transaction such as establishing benefit eligibility, a sale, mortgage or lease, funding a trust, or settling a claim, and it carries a separate order aimed at a person the court finds by clear and convincing evidence used fraud, coercion, duress or deception to cause financial harm.
Money routes that skip a conservatorship
Four sections handle small sums without appointing anyone.
| Situation | Ceiling | Authority |
|---|---|---|
| Court authorizes deposit of a minor's money, no conservator, no bond | $100,000 | K.S.A. 59-30,194(a) |
| Court orders payment of a minor's money to a person, including a parent | $25,000 | K.S.A. 59-30,194(b) |
| A payer transfers funds to a minor's caregiver, guardian, UTMA custodian or bank account, per 12 months | $25,000 | K.S.A. 59-30,192(a) |
| A parent holds and manages a minor's property in trust, no appointment | $25,000 | K.S.A. 59-30,193 |
| Court authorizes deposit of an adult subject to guardianship's money, no conservator, no bond | $25,000 | K.S.A. 59-30,195 |
How a Kansas Adult Case Runs
Where nothing was signed and an adult can no longer decide, someone files. The act front-loads protections for the respondent, and several of them are not waivable.
- A verified petition, in the right county. Anyone interested in the adult's welfare may file under K.S.A. 59-30,142, including the adult. Venue under K.S.A. 59-30,106 is the county where the respondent resides, the county of the court that ordered an institutional admission, or, for an emergency guardian, the county where the respondent is present. The petition names a long list of people entitled to notice and must describe the less restrictive alternatives considered.
- The court sets the hearing and appoints an attorney. K.S.A. 59-30,145(a) says the court shall appoint an attorney to represent the respondent, regardless of ability to pay, with preference to an attorney who has represented the respondent before or one the respondent asks for. That attorney interviews the respondent in person, explains the petition and the consequences in a way the respondent can understand, finds out what the respondent actually wants, and advocates for it. Where the wishes cannot be determined, the attorney argues for the least restrictive result in type, duration and scope. That appointment ends once the guardian's plan is approved and any appeal from the appointment is over, unless the court continues it by further order.
- Personal service on the respondent. K.S.A. 59-30,143(b) requires personal service of the petition and a notice describing the respondent's rights and the nature, purpose and consequences of granting the petition. This is not a formality: the court may not grant the petition where notice substantially complying with that rule was not served, and the order has to carry a finding that it was.
- An examination and evaluation. Where the petition or the evidence makes a prima facie case, K.S.A. 59-30,146 has the court order an evaluation through a general hospital, psychiatric hospital, community mental health center or community developmental disability organization, or by a qualified professional with no stake in the outcome. The report must summarize which self-care and independent-living tasks the respondent can manage alone, could manage with supportive services, technology or supported decision making, and cannot manage at all.
- A hearing the respondent attends. K.S.A. 59-30,147(a) says the hearing may not proceed unless the respondent attends. Where getting to the courthouse is not reasonably feasible, the court makes reasonable efforts to hold it somewhere convenient or to allow real-time audio-visual attendance. It may go ahead without the respondent only on clear and convincing evidence that they are choosing not to attend after being fully informed, or that there is no practicable way for them to attend even with support. The respondent may bring a person of their choosing, assistive technology or an interpreter, present evidence, subpoena witnesses and cross-examine the evaluator.
- The order and its findings. K.S.A. 59-30,150 sets out what the order must contain, including the review-hearing date 90 days out and the list of people entitled to later notices. A spouse and adult children are on that list unless the court finds notice would run against the adult's preferences or best interest.
- Qualifying, and only then letters of office. Appointment is not authority. Under K.S.A. 59-30,108(a) the court issues letters to a guardian after the guardian files an acceptance of appointment, an oath, evidence of completing an instructional program on the duties and responsibilities of a guardian prepared by the judicial council, and a personal information sheet that is not disclosed to the public. A conservator files the same plus any bond. Where the respondent has cognitive impairment or a dementia diagnosis, the 2026 training requirement described above applies too.
- The order and the statement of rights go out. K.S.A. 59-30,151(a) gives the guardian 14 days to deliver a copy of the order to the adult and everyone noticed. Within 30 days, subsection (b) has the court or its designee deliver a statement of the adult's rights, in at least 16-point font, in plain language, and where feasible in a language the adult is proficient in.
- The guardian's plan, within 60 days. K.S.A. 59-30,156 requires a plan covering the living arrangement, services and supports, social and educational activities, people the adult has close relationships with and how visits will happen, how often the guardian will visit, goals including restoring rights, and what the guardian proposes to charge for each service. Anyone entitled to notice may object in writing within 21 days, and the court reviews the plan at the 90-day hearing.
- A report at least once a year. K.S.A. 59-30,157 requires an annual report on the adult's condition, living arrangements, the supports provided and whether they are adequate, visits, how much the adult participated in decisions, any conflict of interest, the current plan, and a recommendation on whether the guardianship should continue or change. Special reports are due when things change, including when the estate reaches $25,000.
The Emergency Route, and the Clock on It
Some situations will not wait. K.S.A. 59-30,152(a) lets a Kansas court appoint an emergency guardian for an adult on a sufficient factual basis to establish probable cause that the appointment is necessary to prevent imminent and substantial harm to the adult's physical health, safety or welfare, that no other person has authority and willingness to act, and that a basis for a regular guardianship exists.
Then it runs out. The authority may not exceed 30 days, and it may be extended up to three times for no more than 30 days per extension, only where the court finds good cause and that the emergency conditions continue. The emergency guardian exercises only the powers the order names, and the court may remove that person at any time.
Three protections ride along with it. The court appoints an attorney for the respondent immediately on filing. Where the court appoints without notice, because an affidavit or testimony shows the respondent will be substantially harmed before a hearing with notice can be held, it must give notice within 48 hours and hold a hearing on whether the appointment was appropriate within five days. And K.S.A. 59-30,152(e) says an emergency appointment is not a determination that a basis for a regular guardianship exists, so it settles nothing about the full case.
Two neighbours to know. K.S.A. 59-30,135 is the same tool for a child, on the same 30-day clock with the same three extensions, with the hearing after a no-notice appointment coming within seven days rather than five. K.S.A. 59-30,125 covers a different emergency: where a removal proceeding is pending, or the court finds the current guardian or conservator is not effectively performing the duties and the person's welfare requires immediate action, it may appoint a temporary substitute for up to six months and suspend the existing fiduciary's authority.
Guardianship for a Child
K.S.A. 59-30,128(b) allows a guardian for a minor only where the appointment is in the child's best interest and one of four things is true: every parent consents after being fully informed of the nature and consequences, all parental rights have been terminated, clear and convincing evidence shows the parents are unwilling, unable or unfit to exercise the powers the court would grant, or clear and convincing evidence shows highly unusual or extraordinary circumstances that cause the court to appoint over a parent's objection.
Four rules shape the case:
- Appointment does not end child support. K.S.A. 59-30,133(e) keeps a parent's support obligation running.
- A child of 12 or older has a voice. K.S.A. 59-30,130(a)(1)(A) requires personal service on a minor who will be 12 or older at the hearing, and subsection (c) bars the court from granting the petition where that service was not made. K.S.A. 59-30,131(a) then has the court appoint an attorney for the child where the child asks and is 12 or older, where a guardian ad litem recommends it, or where the court decides the child needs representation.
- A parent's nominee is presumptively appointed. K.S.A. 59-30,133(b)(1) has the court appoint a person nominated by a parent unless the appointment is contrary to the child's best interest.
- A conservator for a child is a money question with a threshold. K.S.A. 59-30,160(a) reaches a minor who owns funds or property over $25,000 derived from court settlements, death transfers, or sources other than the child's own employment earnings or a uniform transfers to minors act account. Below that line, the routes in the table above usually do the job.
A minor's conservatorship can run past the 18th birthday. K.S.A. 59-30,191 allows extension to age 21, and then two further two-year periods, on the minor's consent or a clear and convincing finding that substantial harm to the minor's interests is otherwise likely. Consent can be withdrawn at any time. That is the tool for a young person receiving a large settlement or inheritance.
What a Kansas Case Costs
Kansas sets the docket fee by statute, so the filing figure does not vary by county.
| Item | Amount | Authority |
|---|---|---|
| Guardianship docket fee | $69.50 | K.S.A. 59-104(a)(1) |
| Conservatorship docket fee | $69.50 | K.S.A. 59-104(a)(1) |
| Combined guardianship and conservatorship | $69.50 | K.S.A. 59-104(a)(1) |
| Trusteeship docket fee | $69.50 | K.S.A. 59-104(a)(1) |
| Supreme court charge for non-judicial personnel, if imposed | $0.00 to $22.00 | K.S.A. 59-104(a)(2) |
| Poverty affidavit in place of the docket fee | no fee | K.S.A. 59-104(b) |
Two notes on that table. A combined guardianship and conservatorship is one $69.50 line rather than two, which is the answer to a question families ask often. The supreme court charge is an authority the court may use rather than a fee the statute itself imposes: 2026 Kan. Sess. Laws ch. 35, approved April 3, 2026, left every figure in the table untouched and set the window for that charge at July 1, 2026 through June 30, 2030. Whether a given district collects it is published only on the Kansas judicial branch site and was not collected here, so ask the clerk what the counter total is. Note the June 30, 2030 date as a real expiry.
Everything past the docket fee is set by the market and by the court, and it is usually larger. The attorney the court appoints for the respondent is not optional and cannot be waived to save money: K.S.A. 59-30,119(a) entitles that attorney to reasonable fees and expenses from the respondent's property unless otherwise compensated. Subsection (c) requires court approval before any such payment and lets the court tax costs to the respondent's property, to those bound by law to support the respondent, to other parties where that is just and equitable, or to the county of residence. Subsection (d) carries a real deterrent: where the court dismisses a petition and finds it was filed in bad faith, it may assess the evaluation, the court liaison and attorney fees against the petitioner or the petitioner's counsel.
Other expenses ride along as additional court costs the court approves under K.S.A. 59-104(d), including witness fees, appraiser fees, out-of-state service of process, depositions, transcripts and publication of legal notice. No sheriff in Kansas may charge a district court a fee or mileage for serving process.
Rights the Adult Keeps
The statement of rights at K.S.A. 59-30,151(b) is the clearest summary Kansas publishes of what a guardianship does not take. It tells the adult they may seek termination or modification of the guardianship or removal of the guardian and choose their own attorney for it, file a grievance, and be involved in decisions about care, dwelling, activities and social contact. It says in terms that the adult retains the right to vote and the right to marry. It requires 14 days' notice before a change in the adult's primary dwelling or a permanent move to a nursing home, mental health facility or other facility that restricts the ability to leave or have visitors, unless the guardian's plan already proposed the move or the court authorized it by specific order, and it describes how to object.
Contact with other people is protected by default. K.S.A. 59-30,155(b) bars a guardian from restricting the adult's ability to communicate, visit or interact with others, including receiving visitors and making or receiving calls, mail or electronic messages, unless the court authorized the restriction by specific order, a protective order or protective arrangement limits contact, or the guardian has good cause to believe a specific person poses a risk of significant harm. Even then the guardian's own restriction is capped at seven business days for someone with a family or pre-existing social relationship, and 60 days for anyone else.
Some decisions sit outside any ordinary order. K.S.A. 59-30,155(c) says a guardian may not consent to psychosurgery, removal of a bodily organ or amputation without advance court approval except in a life-preserving emergency, may not consent to sterilization without a due process hearing at which the adult has court-appointed counsel, and may not consent to withholding or withdrawing life-saving or life-sustaining care except through the adult's own living will, a durable power of attorney for health care decisions signed before the appointment, or the separate court route in subsections (d) and (e). Subsection (d) starts from a presumption that every adult under guardianship has directed that nutrition and hydration sufficient to sustain life be provided, so a written directive signed while the adult could still sign is the only way to record a different wish. Commitment to a mental health facility runs through the care and treatment act rather than through the guardian.
Anyone can raise a concern without hiring a lawyer. K.S.A. 59-30,127 lets the individual subject to guardianship, or any person interested in that individual's welfare, file a grievance in a record with the court where they reasonably believe the guardian or conservator is breaching a fiduciary duty or acting inconsistently with the act. The clerk forwards it to the presiding judge, who reviews it, schedules a hearing where it supports a reasonable belief that removal, termination or modification may be appropriate, and may order a report, an accounting, an updated plan, a guardian ad litem or an attorney for the person. The court may decline to act where a similar grievance was filed in the preceding six months.
Ending or Narrowing a Guardianship
K.S.A. 59-30,159(a) lets the adult, the guardian or any person interested in the adult's welfare petition to terminate because the basis for appointment no longer exists, because termination is in the adult's best interest, or for other good cause, or to modify because the extent of protection granted is not appropriate.
The burden sits where it should. Under subsection (d), after the hearing the court shall order termination unless it is proven that a basis for appointment continues to exist. Continuing the guardianship is the thing that has to be justified, not ending it.
The court also has to hold a hearing on several triggers short of a formal petition: a communication from the adult, the guardian or an interested person supporting a reasonable belief that termination or modification may be appropriate, a report indicating the adult's functional needs or available supports have changed, or the court's own determination that a hearing serves the adult's best interest. It may decline where a petition on the same or substantially similar facts was filed in the preceding six months. An adult seeking termination has the right to choose their own attorney, and the court appoints one where the adult is unrepresented.
Kansas has also enacted the uniform adult guardianship and protective proceedings jurisdiction act at K.S.A. 59-30,251 through 59-30,273, and K.S.A. 59-30,104(b) routes adult jurisdiction through it, so a case can be transferred to another state or accepted from one and an out-of-state order can be registered here. For a child, K.S.A. 59-30,104(a) gives the district court jurisdiction over a guardianship for a minor domiciled or present in Kansas except so far as the uniform child custody jurisdiction and enforcement act, K.S.A. 23-37,101 through 23-37,405, precludes it.
Planning Ahead Compared With a Court Case
| Signed in advance | Court guardianship | |
|---|---|---|
| When it is set up | While you still have capacity | After capacity is questioned, by verified petition |
| Who acts | The agent or supporter you chose | The person the court appoints from the K.S.A. 59-30,149(a) order |
| Source of authority | Your signed document | An order of a Kansas district court, plus letters of office |
| Proof required to start | Your own signature, notarized for a durable financial power | Clear and convincing evidence under K.S.A. 59-30,141 |
| Cost to begin | A notary fee at most | $69.50 docket fee, before attorneys and an evaluation |
| Ongoing court filings | None | Guardian's plan in 60 days, 90-day review, annual reports |
| Who can undo it | You, at any time | The court, on a K.S.A. 59-30,159 petition |
Two practical points sit beside the documents rather than inside them. A nomination nobody can find does not operate, so where the signed original lives and who knows about it matters as much as the signing. And these choices turn on marriage, health, distance and who is still willing to serve, so a nomination written a decade ago may name someone who has moved away or died. The act points the court at your most recent nomination, which is the statute telling you to keep it current.
The wider picture, including the documents that carry these nominations, sits in the rest of a Kansas estate plan. Where a nomination fails or nobody made one, the court runs the appointment itself under the 2026 act, and how a Kansas guardianship or conservatorship actually works walks through the petition, the hearing and what the appointed guardian may and may not decide. Where a death has already happened and a guardianship is ending, the estate is a separate case described in the Kansas probate guide, and the Kansas courts directory will find the district court clerk you need.
The Kansas Judicial Council publishes the statewide forms for this act. K.S.A. 59-30,208 directs the council to develop a statement of rights form, petition forms, and report and accounting forms, so the forms come from the council rather than from each district court. Read on 2026-09-07, its guardianship pages carried a 12-2025 revision date matching the January 1, 2026 effective date, and the council said those pages list only some of the forms, so treat the set as a starting point rather than the full file.
Frequently Asked Questions
Did Kansas guardianship law change in 2026?
Yes, and the section numbers moved. The Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, took effect January 1, 2026 under L. 2025, ch. 40. It replaced the older act for obtaining a guardian or a conservator, or both, and every section of that act at K.S.A. 59-3050 through 59-3097 now reads Repealed in the revisor's index. The tell is a comma: 59-3068 is dead law and 59-30,149 is live law. Under K.S.A. 59-30,211 the new act reaches cases filed after January 1, 2026 and, with one carve-out for the guardian's plan and conservator's plan, arrangements that already existed on that date.
What is the difference between a guardian and a conservator in Kansas?
A Kansas guardian makes decisions about a person's personal affairs. A Kansas conservator makes decisions about property and financial affairs. K.S.A. 59-30,102(e) and (j) keep the two roles separate even when one individual holds both, and a guardian has no authority over money unless the court grants it. The court may grant a guardian control of the estate only where the combined value of funds and assets is initially $25,000 or less, under K.S.A. 59-30,155(f). The act also retired the word ward. It calls the person an adult subject to guardianship, a minor subject to guardianship, or an individual subject to conservatorship.
Can I name my own guardian in Kansas before I need one?
Yes, and the strongest version binds the judge. Under K.S.A. 58-627(b) a principal may nominate a guardian or conservator inside a durable power of attorney for health care decisions, and the court shall appoint in accordance with the most recent nomination except for good cause or disqualification. A nomination made in any power of attorney also sits second in the K.S.A. 59-30,149(a) priority order, ahead of a spouse. Watch the Kansas durability rule: K.S.A. 58-652(a) says a financial power of attorney survives your own disability only where the document is denominated a durable power of attorney, carries one of the two sentences the statute prints, and is signed, dated and acknowledged in the manner the revised uniform law on notarial acts prescribes. The section joins those three with and, so the title by itself does not do it.
How long does an emergency guardianship last in Kansas?
Thirty days, with room for three extensions. K.S.A. 59-30,152(b) caps an emergency guardian's authority over an adult at 30 days and allows extensions up to three times for no more than 30 days each, where the court finds good cause and that the emergency conditions continue. The court appoints an attorney for the respondent immediately on filing. If the court appoints without notice, it must give notice within 48 hours and hold a hearing on whether the appointment was appropriate within five days. The parallel section for a child, K.S.A. 59-30,135, runs the same clock with a seven-day hearing instead.
What does it cost to file a Kansas guardianship case?
The statutory docket fee is $69.50, and it is the same figure in all 105 counties. K.S.A. 59-104(a)(1) charges $69.50 for a guardianship, $69.50 for a conservatorship, $69.50 for a trusteeship, and $69.50 for a combined guardianship and conservatorship rather than double. K.S.A. 59-104(a)(2) lets the Kansas Supreme Court add up to $22 per docket fee for non-judicial personnel, in a window 2026 Kan. Sess. Laws ch. 35 set at July 1, 2026 through June 30, 2030, so ask the clerk what the counter total is. A person who cannot afford the fee may file a poverty affidavit under K.S.A. 59-104(b).
Can a Kansas court solve the problem without appointing a guardian?
It can, and it has to consider that first. Under K.S.A. 59-30,197 a court that makes the same clear and convincing findings which would support a guardianship may instead order a protective arrangement: it can authorize or direct a particular medical treatment or the refusal of one, a move to a named place of dwelling, or visitation with a named person. Nobody receives ongoing authority over the adult's life. K.S.A. 59-30,198 does the financial version. An order appointing a guardian has to carry a specific finding that no protective arrangement or other less restrictive alternative would meet the adult's needs.
Related Guides
- Kansas Power of Attorney
- Kansas Advance Directive
- Kansas Estate Planning Basics
- Kansas Will Requirements
- Kansas Probate Guide
- Kansas Probate Courts by County
Sources:
- Title: K.S.A. 59-30,101, Citation of act. The revisor prints a note on this section recording that K.S.A. 59-30,101 et seq. replaces K.S.A. 59-3050 et seq. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0101.html
- Title: K.S.A. 59-30,102, Definitions. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0102.html
- Title: K.S.A. 59-30,104, Jurisdiction. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0104.html
- Title: K.S.A. 59-30,106, Venue. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0106.html
- Title: K.S.A. 59-30,108, Letters of office; instructional program concerning duties and responsibilities. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0108.html
- Title: K.S.A. 59-30,119, Compensation and expenses; in general; costs of proceedings; payments. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0119.html
- Title: K.S.A. 59-30,125, Temporary substitute guardian or conservator. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0125.html
- Title: K.S.A. 59-30,127, Grievance against guardian or conservator. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0127.html
- Title: K.S.A. 59-30,128, Basis for appointment of guardian for minor. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0128.html
- Title: K.S.A. 59-30,130, Hearing and notice for appointment of guardian for minor. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0130.html
- Title: K.S.A. 59-30,131, Attorney for minor or parent. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0131.html
- Title: K.S.A. 59-30,133, Order of appointment; priority of nominee; contents of order; obligations of parents. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0133.html
- Title: K.S.A. 59-30,134, Standby guardian for minor. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0134.html
- Title: K.S.A. 59-30,135, Emergency guardian for minor. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0135.html
- Title: K.S.A. 59-30,141, Basis for appointment of guardian for adult. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0141.html
- Title: K.S.A. 59-30,142, Petition for appointment of guardian for adult; contents. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0142.html
- Title: K.S.A. 59-30,143, Hearing and notice for appointment of guardian for adult. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0143.html
- Title: K.S.A. 59-30,145, Appointment and role of attorney for adult. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0145.html
- Title: K.S.A. 59-30,146, Examination and evaluation. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0146.html
- Title: K.S.A. 59-30,147, Attendance and rights at hearings. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0147.html
- Title: K.S.A. 59-30,149, Who may be guardian for adult; order of priority. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0149.html
- Title: K.S.A. 59-30,150, Order of appointment for guardian; contents of order; review hearing. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0150.html
- Title: K.S.A. 59-30,151, Notice of order of appointment; statement of rights. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0151.html
- Title: K.S.A. 59-30,152, Emergency guardian for adult. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0152.html
- Title: K.S.A. 59-30,153, Duties of guardian for adult. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0153.html
- Title: K.S.A. 59-30,154, Powers of guardian for adult. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0154.html
- Title: K.S.A. 59-30,155, Special limitations on powers of guardian for adult. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0155.html
- Title: K.S.A. 59-30,156, Guardian's plan for adult. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0156.html
- Title: K.S.A. 59-30,157, Guardian's report; monitoring of guardianship. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0157.html
- Title: K.S.A. 59-30,159, Termination or modification of guardianship for adult. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0159.html
- Title: K.S.A. 59-30,160, Basis for appointment of conservator for minor or adult. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0160.html
- Title: K.S.A. 59-30,169, Who may be conservator; order of priority. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0169.html
- Title: K.S.A. 59-30,174, Bond; alternative asset-protection arrangement. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0174.html
- Title: K.S.A. 59-30,180, Conservator's plan. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0180.html
- Title: K.S.A. 59-30,181, Inventory; records. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-08. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0181.html
- Title: K.S.A. 59-30,191, Extended conservatorship for minor. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0191.html
- Title: K.S.A. 59-30,192, Transfer for benefit of minor without appointment of conservator. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0192.html
- Title: K.S.A. 59-30,193, Power and responsibility of parent to manage minor's estate. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0193.html
- Title: K.S.A. 59-30,194, Estate of minor under certain dollar amount; investment; disposition. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0194.html
- Title: K.S.A. 59-30,195, Estate of adult under certain dollar amount; investment; disposition. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0195.html
- Title: K.S.A. 59-30,196, Authority for protective arrangement; alternative to guardianship or conservatorship. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0196.html
- Title: K.S.A. 59-30,197, Basis for protective arrangement instead of guardianship for adult. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0197.html
- Title: K.S.A. 59-30,198, Basis for protective arrangement instead of conservatorship for adult or minor. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0198.html
- Title: K.S.A. 59-30,208, Forms; judicial council. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0208.html
- Title: K.S.A. 59-30,211, Application and transitional provision. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0211.html
- Title: K.S.A. 59-30,251, Citation of act. K.S.A. 59-30,251 through 59-30,273 are the uniform adult guardianship and protective proceedings jurisdiction act (2007). Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_030_0251.html
- Title: K.S.A. 59-104, Docket fee; authorized only by legislative enactment; poverty affidavit; additional court costs. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch59/059_001_0004.html
- Title: K.S.A. 58-625, Meaning of durable power of attorney for healthcare decisions. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch58/058_006_0025.html
- Title: K.S.A. 58-627, Power of court-appointed guardian; principal authorized to nominate conservator or guardian; court appointment. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch58/058_006_0027.html
- Title: K.S.A. 58-650, Citation of act. K.S.A. 58-650 through 58-665 are the Kansas power of attorney act. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch58/058_006_0050.html
- Title: K.S.A. 58-652, Effectiveness of power of attorney; recording; revocation; attorney in fact. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch58/058_006_0052.html
- Title: K.S.A. 65-28,101, Withholding or withdrawal of life-sustaining procedures; legislative finding and declaration. Publisher: Kansas Office of Revisor of Statutes. Publication Date: 2025 compilation, accessed 2026-09-07. URL: https://www.ksrevisor.gov/statutes/chapters/ch65/065_028_0101.html
- Title: Chapter 44, House Bill 2536, an act amending K.S.A. 59-30,149 to require a proposed guardian for an adult with a cognitive impairment or a neurological diagnosis to complete a training program approved by the secretary for aging and disability services, approved April 6, 2026. Publisher: Kansas Secretary of State, 2026 Session Laws of Kansas. Publication Date: April 6, 2026, accessed 2026-09-07. URL: https://sos.ks.gov/publications/sessionlaws/2026/Chapter-44-HB-2536.html
- Title: Chapter 35, House Bill 2393, an act amending K.S.A. 59-104 and authorizing the supreme court to impose a charge to fund the costs of non-judicial personnel through June 30, 2030, approved April 3, 2026. Publisher: Kansas Secretary of State, 2026 Session Laws of Kansas. Publication Date: April 3, 2026, accessed 2026-09-07. URL: https://sos.ks.gov/publications/sessionlaws/2026/Chapter-35-HB-2393.html
- Title: Guardianships, Conservatorships, Other Protective Arrangements legal forms. Publisher: Kansas Judicial Council. Publication Date: December 2025, accessed 2026-09-07. URL: https://www.kjc.ks.gov/legal-forms/guardianships-conservatorships-other-protective-arrangements
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