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Minutes for HB2359 - Committee on Judiciary
Short Title
Enacting the uniform adult guardianship and protective proceedings jurisdiction act and the uniform guardianship, conservatorship and other protective arrangements act.
Minutes Content for Thu, Feb 13, 2025
Chair Humphries opened the hearing on HB2359 at 4:21pm.
Jason Thompson, Bill Brief (Attachment 6)
Proponents:
Rachael Piner, KS Judicial Council, testified that current KS law is in good shape compared to other states, however, changes are necessary due to what we have learned since the former laws were enacted about topics like aging and disabilities. This law allows for state judicial entities to talk to each other to decide on cases. We also want to give persons who are under guardianship or conservatorship a voice in the matters of their lives. This law gives the families, judges, and others involved more tools to work with. (Attachment 7)
Michelle Richart, United State Department of Defense - State Liaison Office, testified that this bill would bring uniformity to guardianship laws in Kansas. Kansas is one of only 4 states that is not party to the Uniform Adult Guardianship and Protected Proceedings Jurisdiction Act. Military families are greatly affected when they are guardians, particularly of older family members, and move from state to state, which happens often. (Attachment 8)
Chair drew attention to the Proponent Written Only testimony.
Haely Ordoyne, Office of the State Long Term Care Ombudsman (Attachment 9)
Opponents:
Chuck Weber, Kansas Catholic Conference, testified that the core of their concern is updating Kansas law regarding guardianship/conservatorship in a manner that balances the rights of Kansans with disabilities, most particularly at the end -of-life, with the responsibilities of their guardians/conservators. The Catholic Conference understands an amendment is being prepared, but registers in opposition until the bill is amended. (Attachment 10)
Mike Burgess, Disability Rights Center of Kansas, testified that they fully support every other provision of the bill that is not involving end-of-life guardian powers. The Disability Rights Center offered an option for a wording change concerning guardian's end-of-life powers, but will remain in opposition until the bill is amended. (Attachment 11)
Shane Lewis, Self Advocate Coalition of Kansas (SACK). SACK likes the bill, but is concerned about wording concerning end-of-life quality of life issues. They will remain in opposition until amended. (Attachment 12)
Jean Gawdun, Kansans for Life, testified that they are opposed because of a section concerning withdrawing end-of-life care. They encourage rewording of the law, but until then will remain in opposition. (Attachment 13)
Colin Olenick, Big Tent Coalition, testified that this group supports everything in the bill, with the exception flaws addressing guardianship and end-of-life decision making wording. (Attachment 14)
Chair Humphries drew attention to the Opponent Written Only testimony:
Whit Downing, Kansas Council on Developmental Disabilities (Attachment 15)
Neutral:
Joan Kelley, National Council on Severe Autism, testified on behalf of the council, but also shared her personal experience as a lifelong guardian. The Council proposed amendments to create new Sections 68 and 82, as seen in their testimony. They request that the law address the diverse population which guardianship serves and insert protective language in support of legal representatives who provide oversight and assistance in the lifelong care for individuals with the most significant cognitive deficits. (Attachment 16)
Chair Humphries closed the hearing on HB2359 at 5:14pm.
