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.
Cross References to Related Sections:
Act for obtaining a guardian or conservator, or both, see 59-3050 et seq.
CASE ANNOTATIONS
1. The phrase "good cause" in statute involves consideration of the best interest of the ward, including the proposed guardian's or conservator's ability to fulfill the statutory requirements of the appointment. In re Burrell, 52 Kan. App. 2d 410, 416, 367 P.3d 318 (2016).
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