59-3051. Definitions. - Kansas Statutes

59-3051

Chapter 59.--PROBATE CODE Article 30.--GUARDIANS OR CONSERVATORS

      59-3051.   Definitions.When used in the act for obtaining a guardianor a conservator, orboth:

      (a)   "Adult with an impairment in need of a guardian or a conservator, orboth" means aperson 18 years of age or older, or a minor who is considered to be of the ageof majority pursuant to K.S.A. 38-101, and amendments thereto, or upon whom therights of majority have been conferredpursuant to K.S.A. 38-108, and amendments thereto, whose ability to receive andevaluate relevantinformation, or to effectively communicate decisions, or both, even with theuse of assistivetechnologies or other supports, is impaired such that the person lacks thecapacity to manage suchperson's estate, or to meet essential needs for physical health, safety orwelfare, and who is in needof a guardian or a conservator, or both.No person who is being treated by prayer in the practice of the religion of anychurch which teaches reliance on spiritual means alone through prayer forhealing shall be determined to be an adult with an impairment in need of aguardian under this act for that reason alone, nor considered to lack thecapacity to meet essential needs for physical health, safety or welfare becauseof such person's reliance upon such treatment.

      (b)   "Appropriate alternative" means any program or service, or the use of alegal device or representative, which enables a person with an impairment toadequately meet essential needs for physical health, safety or welfare, or toreasonably manage such person's estate. Appropriate alternatives may include,but are not limited to, a power of attorney, a durable power of attorney, apower of attorney for health care decisions, a living will, a trust, a jointtenancy or a representative payee.

      (c)   "Conservatee" means a person who has a conservator.

      (d)   "Conservator" means an individual or a corporation who or which isappointed bythe court to acton behalf of a conservatee and who or which is possessed of some or all of thepowers and duties set out inK.S.A. 59-3078, and amendments thereto.

      (e)   "Guardian" means an individual or acorporation certified inaccordance withK.S.A. 59-3070, and amendmentsthereto, who or which isappointed by a court to act on behalf of a ward, and who or whichis possessed of some or all of thepowers and duties set out inK.S.A. 59-3075, [and]amendments thereto. "Guardian" doesnot mean a "natural guardian" unless specified.

      (f)   "In need of a guardian" means a person who because of both an impairmentand the lackof appropriate alternatives for meeting essential needs, requires theappointment of a guardian.

      (g)   "In need of a conservator" means a person who because of both animpairment and thelack of appropriate alternatives for managing such person's estate, requiresthe appointment of a conservator.

      (h)   "Manage such person's estate" means making those determinations andtaking those actions which are reasonably necessary in order for a person toreceive and account forpersonal orbusiness income, benefits and property, whether real, personal or intangible,and except for reasonsof indigency, to purchase or otherwise obtain necessary goods or services, topay debts and expenses,to sell, exchange or otherwise dispose of property, and to plan for futureaccumulation, conservation,utilization, investment, and other disposition of financial resources.

      (i)   "Meet essential needs for physical health, safety or welfare" meansmaking thosedeterminations and taking those actions which are reasonably necessary in orderfor a person toobtain or be provided with shelter, sustenance, personal hygiene or healthcare, and without whichserious illness or injury is likely to occur.

      (j)   "Minor" means any person defined by K.S.A. 38-101, and amendmentsthereto, as beingwithin the period of minority.

      (k)   "Minor with an impairment in need of a guardian or a conservator, orboth" means aperson under 18 years of age who otherwise meets the definition of an "adultwith an impairmentin need of a guardian or conservator, or both" and whose impairment is expectedto continue beyondthe age of 18.

      (l)   "Natural guardian" means both the biological or adoptive mother andfather of a minor if neither parent has been found to be an adult with animpairment in need of a guardian or has had parental rightsterminated by a court of competentjurisdiction. If either parent of a minor is deceased, or has been found to bean adult with an impairment in need of a guardian or has had parentalrights terminated by a courtof competent jurisdiction, then the other parent shall be thenatural guardian, unless also deceased, or found to be an adult with animpairment in need of a guardian, or has hadparental rightsterminated by a court of competent jurisdiction, in which case no person shallqualify as the natural guardian.

      (m)   "Person who has been previously adjudged as impaired in another state"means a personwho has been duly adjudged by a court of competent jurisdiction of any otherstate to be unable tomeet essential needs for physical health, safety or welfare or to manage suchperson's estate and forwhom a guardian or a conservator, or other similarly empowered fiduciary, hasbeen appointed bythat court, but who now resides within Kansas or for whom plans have been madeby such person'sguardian or other fiduciary to relocate the person to Kansas.

      (n)   "Person in need of an ancillary conservator" means a person not residingwithin Kansas,who has been duly adjudged by a court of competent jurisdiction of anotherstate to be unable tomanage such person's estate and for whom a conservator or other fiduciary ofthe person's estatehas been appointed by that court, and who has property in Kansas for which aconservator is required.

      (o)   "Proposed ward" means a person for whom a petition for the appointment ofa guardian pursuant toK.S.A. 59-3058, 59-3059, 59-3060 or 59-3061,and amendmentsthereto, has been filed.

      (p)   "Proposed conservatee" means a person for whom a petitionfor the appointment ofa conservator pursuant toK.S.A. 59-3058, 59-3059, 59-3060, 59-3061or 59-3062, and amendments thereto, has been filed.

      (q)   "Ward" means a person who has a guardian.

      (r)   The terms defined in K.S.A. 59-2946 and 59-29b46, and amendments thereto,have the meanings provided by those statutes.

      (s)   "Personal or agency interest" shall include, but not be limited to,details of any financial, agency or other transactions between a proposedguardian, guardian, proposed conservator or conservator and the proposed ward,ward, proposed conservatee or conservatee as applicable.

      History:   L. 2002, ch. 114, § 2;L. 2008, ch. 64, § 1; July 1.