39-1408. Same; petition for appointment of guardian or conservator; appointment of attorney to represent resident, when. (a) If the secretary for children and families finds that a resident is being or has been abused, neglected or exploited or is in a condition which is the result of such abuse, neglect or exploitation and lacks capacity to consent to reasonable and necessary protective services, the secretary may petition the district court for appointment of a guardian or conservator, or both, for the resident pursuant to the provisions of the act for obtaining a guardian or conservator, or both, in order to obtain such consent.
(b) In any proceeding in district court pursuant to provisions of this act, the district court shall appoint an attorney to represent the resident if the resident is without other legal representation.
History: L. 1980, ch. 124, § 8; L. 1990, ch. 153, § 7; L. 2003, ch. 91, § 9; L. 2014, ch. 115, § 163; July 1.
Structure Kansas Statutes
Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare
Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons
39-1401 Abuse, neglect or exploitation of residents; definitions.
39-1405 Same; protective services; injunction.
39-1407 Consent of resident to protective services; court authorization.
39-1409 Same; assistance of appropriate public or private agencies, groups or individuals.
39-1430 Abuse, neglect or financial exploitation of certain adults; definitions.
39-1436 Same; access to relevant records; confidentiality requirements.
39-1438 Same; when protective services accepted or declined.
39-1439 Same; district court appointment of attorney to represent involved adult, when.
39-1441 Same; authority of secretary for children and families; toll-free telephone number.
39-1442 Same; least restrictive actions to be taken.
39-1443 Same; investigation of reports; coordination and cooperation between agencies.