1. (a) A guardian or conservator may retain a third person to provide any service to an individual subject to guardianship or conservatorship if retaining such third person, hereinafter referred to as a service provider, is consistent with the guardian's or conservator's fiduciary duties and the guardian's plan under K.S.A. 59-30,156, and amendments thereto, or conservator's plan under K.S.A. 59-30,180, and amendments thereto.

2. (b) In retaining a service provider under subsection (a), the guardian or conservator shall exercise reasonable care, skill and caution in:

   1. (1) Selecting the service provider;
   2. (2) establishing the scope and terms of the service provider's work in accordance with the guardian's plan under K.S.A. 59-30,156, and amendments thereto, or the conservator's plan under K.S.A. 59-30,180, and amendments thereto;
   3. (3) monitoring the service provider's performance and compliance with the scope and terms of work; and
   4. (4) redressing an act or omission of the service provider which would constitute a breach of the guardian's or conservator's duties if done by the guardian or conservator.
3. (c) In providing services under this section, a service provider shall exercise reasonable care to comply with the scope and terms of the work and use reasonable care in the performance of the work.
4. (d) A service provider who agrees to provide services under subsection (a) submits to the personal jurisdiction of the courts of this state in an action involving the service provider's performance.
5. (e) A guardian or conservator that retains and monitors a service provider in compliance with this section is not liable for the decision, act or omission of the service provider.

L. 2025, ch. 40, § 47; January 1, 2026.