(a) After the hearing on a petition under K.S.A. 59-30,142, and amendments thereto, for a guardianship or under K.S.A. 59-30,196(b), and amendments thereto, for a protective arrangement instead of guardianship, the court may issue an order under subsection (b) for a protective arrangement instead of guardianship if the court finds by clear and convincing evidence that:
- (1) The respondent lacks the ability to meet essential requirements for physical health, safety or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance or supported decision making; and
- (2) the respondent's identified needs cannot be met by a less restrictive alternative.
(b) If the court makes the findings under subsection (a), the court, instead of appointing a guardian, may:
(1) Authorize or direct a transaction necessary to meet the respondent's need for health, safety or care, including:
- (A) A particular medical treatment or refusal of a particular medical treatment;
- (B) a move to a specified place of dwelling; or
- (C) visitation between the respondent and another person;
- (2) order supervised visitation with, or restrict access to the respondent by, a specified person whose access places the respondent at serious risk of physical, psychological or financial harm; and
- (3) order other arrangements on a limited basis that are appropriate.
- (c) In deciding whether to issue an order under this section, the court shall consider the factors under K.S.A. 59-30,153 and 59-30,154, and amendments thereto, which a guardian must consider when making a decision on behalf of an adult subject to guardianship.
- (d) Any order issued under this section may include reporting requirements, time limits, bond requirements or any other provisions deemed necessary by the court.
L. 2025, ch. 40, § 120; January 1, 2026.