58-627. Same; power of court-appointed guardian; principal authorized to nominate conservator or guardian; court appointment. - Kansas Statutes

58-627

Chapter 58.--PERSONAL AND REAL PROPERTY Article 6.--POWERS AND LETTERS OF ATTORNEY

      58-627.   Same; power of court-appointed guardian; principal authorizedto nominate conservator or guardian; court appointment.(a) If, following execution of a durable power of attorney forhealth care decisions, a court of the principal's domicile appoints aguardian charged with the responsibility for the principal's person, theguardian has the same power to revoke or amend the durable power ofattorney that the principal would have had if the principal were notdisabled or incapacitated.

      (b)   A principal may nominate, by a durable power of attorney for healthcare decisions, a conservator or guardian for consideration by the court ifprotective proceedings for the principal's person or estate are thereaftercommenced. The court shall make its appointment in accordance with theprincipal's most recent nomination in a durable power of attorney forhealth care decisions except for good cause or disqualification.

      History:   L. 1989, ch. 181, § 3; July 1.