59-3070. Appointment of corporation as guardian; qualifications; procedures.
59-3070
59-3070. Appointment of corporation as guardian;qualifications; procedures.(a) Any corporation organized under theKansas general corporationcode may act as guardian for an individual found to be in need of a guardianunder the act forobtaining a guardian or conservator, or both, if thecorporation has been certifiedby the secretary of social and rehabilitation services as a suitable agency toperform the duties of aguardian.
(b) The secretary of social and rehabilitation services shall establishcriteria for determiningwhether a corporation should be certified as a suitable agency to perform thedutiesof a guardian. The criteria shall be designed for the protection of the wardand shall include, but not be limited to, the following:
(1) Whether the corporation is capable of performing the duties of aguardian;
(2) whether the staff of the corporation is accessible and available to wardsand to other persons concerned about their well-being and is adequate in numberto properly performthe duties and responsibilities of a guardian;
(3) whether the corporation is a stable organization which is likely tocontinue in existence for some time; and
(4) whether the corporation will agree to submit suchreports and answersuch questions as the secretary may require in monitoring corporateguardianships.
(c) Application for certification under this section shall be made to thesecretary of social andrehabilitation services in such manner as the secretary may direct. Thesecretaryof social and rehabilitation services may suspend or revoke certification of acorporation under this section, after notice and hearing, upon a finding thatsuch corporation hasfailed to comply with the criteria established by rules and regulations undersubsection (b). Suchcorporation shall not be appointed as a guardian during the period of time thecertificate is suspendedor revoked.
(d) No corporation shall be eligible forappointment as provided for inK.S.A. 59-3068, and amendmentsthereto, as theguardian of any person ifsuch corporation provides care, treatment or housing to that person or is theowner, part owner or operator of any adult care home, lodging establishment orinstitutionutilized for the care, treatment or housing of that person.
(e) The secretary of social and rehabilitation services may adopt rules andregulationsnecessary to administer the provisions of this section.
History: L. 2002, ch. 114, § 21; July 1.