Kansas enacts qualified right to counsel for kids 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 children.

Guardianship or conservatorship

Plenary establishment matters

Previously, appointment of counsel for children in guardianship matters was discretionary under Kan. Stat. § 59-3065(b)(3).  Under the 2025 law, minors have a qualified right to counsel.  The new provision requires appointment in specific circumstances, stating:

(a) The court shall appoint an attorney to represent a minor who is the subject of a proceeding under K.S.A. 59-30,129, and amendments thereto, if:
(1) Requested by the minor and the minor is 12 years of age or older;
(2) recommended by a guardian ad litem; or
(3) the court determines the minor needs representation.

Kan. Stat. § 59-30,131(a).  The statute goes on to specify that appointed counsel is client-directed, where the prior version was silent as to the attorney’s role.  Section  59-30,131(b) provides that that an attorney appointed shall:

(1) Make a reasonable effort to ascertain the minor’s wishes;
(2) advocate for the minor’s wishes to the extent reasonable ascertainable; and (3)
if the minor’s wishes are not reasonable ascertainable, advocate for the minor’s best interest.

Temporary substitute guardian or conservator

The provision covering the appointment of a temporary substitute guardian or conservator incorporates the above provision. See Kan. Stat. § 59-30,125(d)(2) (“If the individual subject to guardianship or conservatorship is not represented by an attorney, the court shall appoint an attorney under the same conditions as in K.S.A. 59-30,131 [Attorney for minor or parent]…” (emphasis added).  Thus, the right to counsel in these situations is also classified as qualified.

Termination, modification, removal, and appointment of successor

The section covering termination, modification, removal, or the appointment of a successor is silent about whether the minor has a right to counsel. See Kan. Stat. § 59-30,139.  And unlike the section covering the appointment of counsel for adults [59-30,145], Section 59-30,131—which provides a qualified right to counsel for minors in guardianship and conservatorship establishment matters—does not specify the duration of appointment.  Accordingly, there seems to be no right to counsel for children at this stage of the proceedings.

Conclusion

We have classified the right to counsel for children in guardianship and conservatorship cases as qualified, since it only applies if certain circumstances are met (e.g., if counsel is requested by a minor who is 12 years of age or older) and in certain stages of the proceeding.