Kansas provides discretionary appointment for parents in guardianships

In April 2025, the Kansas legislature enacted HB 2359, the “uniform adult guardianship and protective proceedings jurisdiction act”, strengthening the right to counsel for parents and children.

Guardianship and conservatorship

Plenary establishment

The prior law was completely silent as to the right to counsel for parents, while the law enacted in 2025 provides for discretionary appointment, stating, “The court shall appoint an attorney to represent a parent of a minor who is the subject of a proceeding under K.S.A. 59-30,129, and amendments thereto, if the court determines the parent needs representation.” Kan. Stat. Ann. § 59-30,131(d) (emphasis added).

Establishment on an emergency basis

The court may, either upon its own motion or the motion of a person interested in the minor’s welfare, consider appointing an emergency guardian on behalf of a minor. Kan. Stat. Ann. § 59-30,135(a).  Appointment of an emergency guardian is appropriate if the facts show that:

(1) Appointment of an emergency guardian is necessary to prevent imminent and substantial harm to the minor’s health, safety, or welfare; and
(2) no other person has authority and willingness to act in the circumstances.

Id.  The emergency guardian provision is silent as to the appointment of counsel for either the parent or child. See Kan. Stat. Ann. § 59-30,135.

Because appointment of counsel for parents is discretionary in plenary establishment matters and it is not clear whether this applies at other stages of the case, we’ve classified the right to counsel for parents as both discretionary and qualified.

As to the guardian

Under prior law, the court was also permitted to appoint counsel for the guardian in matters related to modification of the guardian’s powers. See Kan. Stat. Ann. § 59-3075(a)(1).  The new law does not appear to contain provisions permitting appointment for guardians.

Note:  When the protective proceeding involves minors, Kansas law does not appear to use the typical dichotomy of “guardianship” vs. “conservatorship.”  In other words, it seems that even someone termed a “guardian” can be granted authority over a minor’s estate. See Kan. Stat. Ann. § 59-30,138 (” A guardian for a minor may not exercise any control or authority over the minor’s estate, unless specifically authorized by the court.”).