- (a) The court may remove a guardian for an adult for failure to perform the guardian's duties or for other good cause and appoint a successor guardian to assume the duties of guardian.
(b) The court shall hold a hearing to determine whether to remove a guardian for an adult and appoint a successor guardian on:
- (1) Petition of the adult, guardian or person interested in the welfare of the adult, which contains allegations that, if true, would support a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;
- (2) communication from the adult, guardian or person interested in the welfare of the adult which supports a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate;
- (3) determination by the court that a hearing would be in the best interest of the adult; or
- (4) determination by the court that the guardian's annual reports are delinquent or deficient as filed.
- (c) Notice of a petition under subsection (b)(1) or a hearing under this section must be given to the adult subject to guardianship, the guardian, a person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order, and any other person the court determines.
- (d) If the adult subject to guardianship is not represented by an attorney, the court shall appoint an attorney under the same conditions as in K.S.A. 59-30,145, and amendments thereto. The court shall award reasonable attorney fees to the attorney for the adult as provided in K.S.A. 59-30,119, and amendments thereto.
- (e) In selecting a successor guardian for an adult, the court shall follow the priorities under K.S.A. 59-30,149, and amendments thereto.
- (f) Not later than 30 days after appointing a successor guardian, the court or the court's designee shall give notice of the appointment to the adult subject to guardianship and any person entitled to notice under K.S.A. 59-30,150(e), and amendments thereto, or a subsequent order.
L. 2025, ch. 40, § 81; January 1, 2026.