Right to counsel for child

Appointment of counsel is on a discretionary basis for guardianship and conservatorship establishment proceedings, but the court must appoint counsel for a protected or proposed protected minor whose guardian seeks court authority to admit the minor to a “treatment facility.”  Appointment in other ancillary guardianship and conservatorship proceedings is also discretionary.

Guardianship or conservatorship establishment matters

Kan. Stat. § 59-3065(b)(3) provides that, upon the filing of a petition for guardianship or conservatorship of a minor, “the court may issue … [a]n order appointing an attorney to represent the minor.”  Representation “shall terminate upon a final determination of the petition and or any appeal therefrom, unless the court continues the appointment by further order.” Id.

Authority to admit minor to treatment facility

At any time after filing a petition for appointment of guardian for minor, the temporary or plenary guardian may file a petition to seek authority to admit the protected minor (or proposed protected minor) to a “treatment facility.”[1] Kan. Stat. § 59-3077(a).  In such matters, the court shall appoint counsel for the protected or proposed protected minor. Id. at (c)(3).

Other ancillary matters

The court may appoint counsel to represent a minor conservatee or protected person in other ancillary matters including establishing an irrevocable trust on the minor’s behalf, Kan. Stat. Ann. § 59-3080(d); requesting that the court grant authority to the conservator to establish a plan for the extended distribution of the minor’s estate to the minor after their 18th birthday, § 59-3081(b); claims against the estate, § 59-3082; court review of guardian’s report, § 59-3084(b); court review of conservator’s report, § 59-3085(b); allowance and settlement on conservator’s accounting, § 59-3086(b); modification of co-guardian or co-conservatorship orders, § 59-3087(b); resignation, removal, or appointment of successor guardian or conservator, § 59-3088(b); and hearings on termination of a guardianship or conservatorship, § 59-3091(f)(1).

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[1] The statute provides that a “treatment facility” is defined as “the Kansas neurological institute, Larned state hospital, Osawatomie state hospital, Parsons state hospital and training center, the Rainbow mental health facility, any intermediate care facility for people with intellectual disability, any psychiatric hospital licensed pursuant to K.S.A. 39-2001 et seq., and amendments thereto, and any other facility for mentally ill persons or people with intellectual or developmental disabilities licensed pursuant to K.S.A. 39-2001 et seq., and amendments thereto, if the proposed ward or ward is to be admitted as an inpatient or resident of that facility.”  Kan. Stat. Ann. § 59-3077(h).