KansasKansas adults could get help making and sharing decisions
Kansas adults could choose people to help them understand options and communicate decisions, but the bill died in committee and did not become law.
What it does
Adults could name people to help them understand choices and communicate decisions about health, money, daily needs, and other matters. They must choose freely and understand the agreement.
Supporters could help adults understand information and express their wishes, but could not decide for them, sign for them, or use their information for unrelated purposes.
People would generally treat decisions made with a supporter's help as the adult's own. Good-faith actions under an agreement would have protections, with exceptions for certain abuse concerns and health care decisions.
The proposed text lists agreement violations among ways of mistreating a dependent adult or an elder through wrongful control of property. Lost amendment formatting makes the precise change to the current law unclear.
Argument forAdults could get help understanding choices and sharing their wishes while keeping the right to make their own decisions.
Argument againstA supporter who helps with a decision that causes harm could avoid liability when acting in good faith, which may limit an adult's options for seeking compensation.
More detail
Adults could make agreements naming people to help them understand choices, get information, and communicate decisions. Agreements may cover health, money, daily needs, living and work arrangements, and other personal matters. Supporters must be adults and cannot have a court protective or restraining order requested by or for the adult. The adult must choose freely and understand the agreement. If it would intrude on a guardian's or conservator's authority, that person must approve it in writing. An agreement starts on the date it names, or immediately if it names no start date. If it names no duration, it stays in effect until ended.
A supporter could help an adult understand information and express wishes, but could not make or sign decisions for the adult. These duties and limits apply to supporters acting under an agreement. Supporters owe the adult a duty to follow the agreement, avoid undue influence, and protect information they collect. They may help obtain certain health or education records with the adult's dated consent. An adult may end all or part of the agreement at any time in a dated, signed writing.
People would generally treat decisions made with a supporter's help as the adult's own decisions. This applies to decisions or requests made or communicated with a supporter's help under an agreement. A person acting in good faith may rely on an agreement believed valid and not ended. A person may decline in specified cases involving an unauthorized agreement, reported abuse concerns, or a health care decision that conflicts with medical judgment or a health care institution's written conscience policy.
The proposed text lists violating a supported decision-making agreement among the ways property-related mistreatment may occur. The provision concerns dependent adults who cannot protect their own interests and people age 60 or older. The text defines mistreatment to include knowingly taking an adult's or elder's property for someone's benefit through specified wrongful means. Lost amendment formatting leaves unclear whether the agreement reference is added, changed, or retained wording. If enacted, the act would take effect after publication in the statute book.
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Where it stands
- Introduced
- Died
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 10Died in CommitteeDied
- 2025
- Jan 29IntroducedMinor
- Jan 29Referred to House Committee on JudiciaryIntroduced
Disability RightsCriminal Justice