Bill
HB 2359
Enacts UAGPPJA and KUGCOPAA in Kansas, unifying and updating adult guardianship laws, prioritizing least-restrictive options, stronger protections, and interstate court cooperation
Status
- Approved by the Governor: April 3, 2025
- Effective date: January 1, 2026
- Requested by: Kansas Judicial Council
- Action: Replaces existing Kansas guardianship/conservatorship statutes with two new acts and makes numerous conforming amendments and repeals.
Purpose and intent
- Modernize and unify Kansas law on adult guardianship and conservatorship by adopting:
- The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) — interstate jurisdictional rules and court cooperation for guardianship/protective proceedings; and
- The Kansas Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (KUGCOPAA) — substantive rules for appointment, monitoring, alternatives, and rights protections.
- Emphasize least-restrictive alternatives, protect wards’ rights and preferences, improve interstate coordination, and update court procedures and oversight.
Key provisions — UAGPPJA (interstate jurisdiction; New Sections 1–23)
- Definitions: “home state,” “significant-connection state,” “emergency,” etc.
- Exclusive jurisdictional scheme: UAGPPJA provides the exclusive bases for state courts to appoint guardians or issue protective orders involving adults.
- Home-state jurisdiction (6+ months physical presence) is primary.
- Significant-connection jurisdiction may apply when home state lacks jurisdiction or defers, with explicit factors courts must consider (family location, property, ties, evidence).
- Special/short-term jurisdiction for emergency appointments (e.g., up to 90 days) and to protect property located in Kansas.
- Interstate cooperation:
- Courts may communicate directly with courts in other states (recorded except for administrative matters).
- Courts may request assistance from other states (hearings, subpoenas, evaluations, records, release of protected health information).
- Rules for taking out‑of‑state testimony (depositions, tele/video).
- Transfers, concurrent petitions, notice rules, declining jurisdiction, and remedies where jurisdiction was obtained by unjustifiable conduct.
- Exclusive and continuing jurisdiction retained by the issuing court until termination or expiration.
Key provisions — KUGCOPAA (substantive guardianship/conservatorship)
- Replaces and consolidates Kansas guardianship/conservatorship law (amends many K.S.A. sections; repeals numerous prior provisions).
- Emphasizes less‑restrictive alternatives and protective arrangements (options short of full guardianship/conservatorship).
- Requires guardian/conservator practices that:
- Involve the protected person when feasible and respect their preferences;
- Limit authority to what is necessary; and
- Include detailed appointment, monitoring, reporting, and termination procedures.
- Strengthens court oversight: increased reporting, grievance processing, standards for emergency appointments, rules for professional evaluations, court visitor investigations, and attorney representation.
Who is affected
- Adults subject to guardianship/protective orders (protected/incapacitated persons) — greater procedural protections and focus on preferences/least-restrictive options.
- Guardians, conservators, attorneys, evaluators, court visitors, and volunteers (Kansas Guardianship Program).
- Kansas district courts and court personnel — new interstate coordination duties and added procedural workload.
- State agencies providing related services (Department for Children and Families, Kansas Guardianship Program).
Fiscal and administrative impact
- Department for Children and Families estimates increased expenditures:
- FY2026: $369,193 total; $281,359 State General Fund — funds for 5 positions (4 legal assistants, 1 APS specialist) and operating costs.
- FY2027: $366,326 total; $279,179 SGF.
- Kansas Guardianship Program estimates additional SGF costs of ~$150,000 beginning FY2026 (training materials, travel, increased staff time; potential volunteer recruitment impacts).
- Judicial Branch anticipates a significant but unquantified increase in workload and expenditures; some docket fee revenue may accrue to the State General Fund.
- Other state agencies reported no significant fiscal effect in initial review.
Procedural notes and statutory changes
- Effective date set for January 1, 2026; existing guardianship/conservatorship statutes are repealed and many statutes are amended for consistency.
- The bill follows committee reports and hearings through February–March 2025 and received legislative passage before gubernatorial approval.
For readers seeking the full text: the enacted bill implements the model UAGPPJA jurisdiction rules and a Kansas-specific guardianship/conservatorship act (KUGCOPAA) that substantially revises Kansas law to align with national uniform standards and to expand procedural protections and interstate coordination.
Compiled from official sources — confirm details with the bill’s official record.
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