58-627. Same; power of court-appointed guardian; principal authorized to nominate conservator or guardian; court appointment. (a) If, following execution of a durable power of attorney for health care decisions, a court of the principal's domicile appoints a guardian charged with the responsibility for the principal's person, the guardian has the same power to revoke or amend the durable power of attorney that the principal would have had if the principal were not disabled or incapacitated.
(b) A principal may nominate, by a durable power of attorney for health care decisions, a conservator or guardian for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney for health care decisions except for good cause or disqualification.
History: L. 1989, ch. 181, ยง 3; July 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 6 - Powers And Letters Of Attorney
58-625 Durable power of attorney for health care decisions; meaning.
58-626 Same; acts of agent during disability or incapacity of principal.
58-628 Same; effect of voluntary revocation by principal; actual knowledge required.
58-631 Same; durable power of attorney executed before July 1, 1989, not affected by this act.
58-652 Effectiveness of power of attorney; recording; revocation; attorney in fact.
58-653 Appointment of multiple attorneys in fact; qualifications; persons disqualified.
58-655 Indication of capacity as attorney in fact; property and accounts separate.
58-658 Exemption of third persons from liability.
58-659 Termination of power of attorney; liability between principal and third persons.
58-660 Delegation of powers; successor attorneys in fact; court appointments.
58-661 Compensation of attorney in fact.
58-664 Effect of repealed statutes on existing powers of attorney.