2006 Kansas Code - 59-3068

      59-3068.   Appointment of guardian or conservator; priority of nominee; qualifications. (a) The court in appointing a guardian or conservator shall give priority in the following order to:

      (1)   The nominee of the proposed ward or proposed conservatee, if such nomination is made within any durable power of attorney;

      (2)   the nominee of a natural guardian;

      (3)   the nominee of a minor who is the proposed ward or proposed conservatee, if the minor is over 14 years of age;

      (4)   the nominee of the spouse, adult child or other close family member of the proposed ward or proposed conservatee; or

      (5)   the nominee of the petitioner.

      (b)   The court, in appointing a guardian or conservator, shall consider the workload, capabilities and potential conflicts of interest of the proposed guardian or conservator, or both, before making such appointment, and the court shall give particular attention in making such appointment to the number of other cases in which the proposed guardian or conservator, other than a corporation, is currently serving as guardian or conservator, or both, particularly if that number is more than 15 or more wards or conservatees, or both.

      (c)   In appointing a guardian for a person who is an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing, the court shall consider, but shall not be limited to, the appointment of an individual as guardian who is sympathetic to and willing to support this system of healing.

      History:   L. 2002, ch. 114, § 19; July 1.