Rep. Kinzer carries bill designed to protect the disabled and elderly
On February 25th, Rep. Kinzer carried HB 2644 on the House Floor. This bill responds to existing weaknesses in state laws that have created opportunities for abuse and exploitation of people who need a guardian or conservator. In a statement supporting this bill the Disability Rights Center of Kansas noted, “The checks and balances in HB2644 are dramatically better than current law, which leaves people with disabilities unfortunately vulnerable to exploitation.”
In particular, HB 2644 strengthens pleading requirements for guardianship and conservatorship petitions by requiring the petitioner to state any potential conflict of interest. The bill further requires disclosure of conflicts of interest that arise after appointment. If the proposed guardian or conservator provides services, or is an employee of an agency or corporation that provides services to persons with a disability similar in nature to the impairment(s) of the ward or conservatee, then the proposed person would be appointed only if he or she (1) is related to the ward or conservatee and the court is satisfied that the person is aware of the issues of conflict of interest; (2) does not personally provide nor supervise the provision of services to the ward or conservatee and is not in a position to advocate for the agency or corporation in opposition to the ward’s or conservatee’s interests; and (3) is the only person readily available to be appointed and the court is satisfied that the person or employee is aware of conflict of interest issues. The bill also requires training for first time guardians and conservators.
