59-3068. Appointment of guardian or conservator; priority of nominee; qualifications; compensation.
59-3068
59-3068. Appointment of guardian or conservator;priority of nominee; qualifications; compensation.(a) The court in appointing a guardian or conservator shallgivepriority in the following order to:
(1) The nominee of the proposed ward or proposed conservatee, if suchnomination is made within any durable power of attorney;
(2) the nominee of a natural guardian;
(3) the nominee of a minor who is the proposed ward or proposed conservatee,if the minor is over 14 years of age;
(4) the nominee of the spouse, adult child or other close family member ofthe proposed ward or proposed conservatee; or
(5) the nominee of the petitioner.
(b) (1) The court, in appointing a guardian or conservator, shallconsiderthe workload,capabilities and potential conflicts of interest of the proposed guardian orconservator, or both, before making suchappointment, and the court shall give particular attention in making suchappointment to thenumber of other cases in which the proposed guardian or conservator, otherthana corporation, is currently serving as guardian or conservator, or both,particularly if that numberis more than 15 or more wards or conservatees, or both.
(2) If the proposed guardian or proposed conservator is a person whoprovidescare or other services, or is an employee of an agency, partnership orcorporation, which provides care or other services to persons with adisability similar in nature to the condition or conditions which contribute tothe impairment of the ward or conservatee, then that person or employee may beappointed as the guardian or conservator only when the person or employee:
(A) Is the spouse, parent, grandparent, child,grandchild, sibling, niece, nephew, aunt or uncle of the ward or conservatee,and the court is satisfied that the person or employee is aware of issues ofconflict of interest and, for persons appointed on or after January 1, 2009,has completed the basic instructional program referenced in subsection (j) ofK.S.A. 59-3069, and amendments thereto;
(B) does not personally provide nor supervise theproviding of care or other services to the ward or conservatee, and the personor employee is not in a position to be called upon to advocate for the agency,partnership or corporation, in opposition to the interests of the ward orconservatee; or
(C) is the only person readily available to beappointed and the court is satisfied that the person or employee is aware ofissues of conflict of interest and, for persons appointed on or after January1, 2009, has completed the basic instructional program referenced in subsection(j) of K.S.A. 59-3069, and amendments thereto.
(3) Nothing in this section shall prohibit a guardian or conservator fromcollecting a reasonable fee, as approved by the court, for carrying out theduties and responsibilities as guardian or conservator. Nothing in thissection shall prohibit a guardian or a conservator associated with the Kansasguardianship program from receiving a stipend from that program.
(c) In appointing a guardianfor a person who is an adherent of a religion whose tenets and practices callfor reliance on prayeralone for healing, the court shall consider, but shall not be limited to, theappointment of an individual as guardian who is sympathetic to and willing tosupport this system ofhealing.
(d) For purposes of this section, "employee" shall include any student,trainee or other classification of persons providing services to any agency,partnership or corporation, whether compensated or not.
History: L. 2002, ch. 114, § 19;L. 2008, ch. 64, § 8; July 1.