59-3070. Appointment of corporation as guardian; qualifications; procedures. (a) Any corporation organized under the Kansas general corporation code may act as guardian for an individual found to be in need of a guardian under the act for obtaining a guardian or conservator, or both, if the corporation has been certified by the secretary for children and families as a suitable agency to perform the duties of a guardian.
(b) The secretary for children and families shall establish criteria for determining whether a corporation should be certified as a suitable agency to perform the duties of a guardian. The criteria shall be designed for the protection of the ward and shall include, but not be limited to, the following:
(1) Whether the corporation is capable of performing the duties of a guardian;
(2) whether the staff of the corporation is accessible and available to wards and to other persons concerned about their well-being and is adequate in number to properly perform the duties and responsibilities of a guardian;
(3) whether the corporation is a stable organization which is likely to continue in existence for some time; and
(4) whether the corporation will agree to submit such reports and answer such questions as the secretary may require in monitoring corporate guardianships.
(c) Application for certification under this section shall be made to the secretary for children and families in such manner as the secretary may direct. The secretary for children and families may suspend or revoke certification of a corporation under this section, after notice and hearing, upon a finding that such corporation has failed to comply with the criteria established by rules and regulations under subsection (b). Such corporation shall not be appointed as a guardian during the period of time the certificate is suspended or revoked.
(d) No corporation shall be eligible for appointment as provided for in K.S.A. 59-3068, and amendments thereto, as the guardian of any person if such corporation provides care, treatment or housing to that person or is the owner, part owner or operator of any adult care home, lodging establishment or institution utilized for the care, treatment or housing of that person.
(e) The secretary for children and families may adopt rules and regulations necessary to administer the provisions of this section.
History: L. 2002, ch. 114, § 21; L. 2014, ch. 115, § 228; July 1.
Structure Kansas Statutes
Article 30 - Guardians Or Conservators
59-3050 Name and citation of act.
59-3053 Natural guardian; powers and responsibilities.
59-3054 Right to nominate guardian or conservator, or both.
59-3055 Small estate; investment; disposition.
59-3056 Voluntary petition for appointment of conservator.
59-3059 Petition for appointment of guardian or conservator for minor; contents; plan.
59-3062 Petition for appointment of ancillary conservator; contents; authenticated documents; plan.
59-3063 Mandatory preliminary orders; trial; notice.
59-3064 Order for examination for evaluation.
59-3065 Discretionary preliminary orders; procedure.
59-3066 Notice; contents; service.
59-3067 Trial; procedure; appointment of guardian or conservator; denial.
59-3068 Appointment of guardian or conservator; priority of nominee; qualifications; compensation.
59-3069 Oaths; bonds; resident agent; letters; basic instructional program.
59-3070 Appointment of corporation as guardian; qualifications; procedures.
59-3073 Temporary guardian; temporary conservator; petition; order; hearings.
59-3075 Guardian's duties, responsibilities, powers and authorities.
59-3076 Guardianship plan; contents; effectuation; revision.
59-3078 Conservator's duties, responsibilities, powers and authorities.
59-3079 Conservatorship plan; contents; effectuation; revision.
59-3082 Claims against conservatee's estate; petition; contents; notice; hearing; order for payment.
59-3083 Reports and accountings.
59-3084 Court review of guardian's report; hearing.
59-3085 Court review of conservator's report; hearing.
59-3090 Restoration to capacity; petition; contents; hearing; procedure.
59-3092 Termination of guardianship or conservatorship.
59-3093 Confidentiality of medical records and other reports; penalty.
59-3094 Costs of proceedings; payment.
59-3095 Effect of 2002 amendments.
59-3097 Guardianship or conservatorship orders; full faith and credit.