Kansas
Overview
Kansas has enacted some legislation recognizing supported decision-making in specific contexts, such as organ transplantation. However, it has not yet enacted legislation broadly recognizing supported decision-making agreements. Supported decision-making legislation is pending as of 2023. We have not located any case law specifically recognizing supported decision-making, but it may still be required as a less restrictive alternative to guardianship
Guardianship Laws
Kan. Stat. Ann. §§ 59-3051 to -3097; 74-9601 to -9606
Supported Decision-Making
Supported Decision-Making Statute
- Anti-Discrimination in Organ Transplants (includes SDM):
Kan. Stat. Ann § 65-3276 (2018).- Link to § 65-3276: www.kslegislature.org/li/b2021_22/statute/065_000_0000_chapter/065_032_0000_article/065_032_0076_section/065_032_0076_k/
- Link to Enacted Bill: http://kslegislature.org/li_2018/b2017_18/measures/hb2343/
State Legislation
- S.B. 343 Reg. Sess. 2021-2022 (Kan. 2022)
- Description: Would prohibit blindness from being a determinant factor for denial or restriction of legal custody, residency, or parenting time, and broadly covers several terms in disability law, including defining “supported decision-making services” as an aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, neurological, developmental or intellectual disabilities.
- Status: Enrolled on 04/28/2022.
- Public Link: http://kslegislature.org/li/b2021_22/measures/sb343/
- H.B. 2034, 89th Leg., Reg. Sess. (Kan. 2019)
- Description: Original bill would have codified supported decision-making and recognize supported decision-making agreements. However, the bill signed by the Governor did not include any reference to supported decision-making agreements. Instead, the bill focused on crime and criminal procedure.
- Status: Signed by Governor, 6/1/2020
- Public Link: [www.kslegislature.org/li/b2019_20/measures/hb2034/]
- H.B. 2343, 87th Leg., Reg. Sess. (Kan. 2017)
- Description: Incorporated SDM services in the medical context of organ transplantation.
- Status: Enacted 2/12/18
- Public Link [kslegislature.org/li/b2017_18/measures/hb2343/]
- H.B. 2250, Reg. Sess. 2023 (Kan. 2023)
- Description: The Supported Decision-Making Agreements Act would provide a statutory framework for adults who want decision-making assistance.
- Status: Referred to Committee on Judiciary on 2/1/2023
- Public link: https://www.kslegislature.org/li/b2023_24/measures/hb2250/
- H.B. 2122, Reg. Sess. 2021-2022 (Kan. 2021)
- Description: Would enact SDMAs to provide a statutory framework for adults who want decision-making assistance.
- Status: Failed in the House, passed executive deadline on the calendar, 05/23/2022.
- Public Link: http://kslegislature.org/li/b2021_22/measures/h2122/
Case Law & Court Orders
None found
State Grant Programs
None awarded
Other Resources
- University of Kansas, Supported Decision-Making Technical Assistance and Resource Center Website
Link: lsi.ku.edu/project/supported-decisionmaking-technical-assistance-and-resource-center - Publication: Charting the LifeCourse: Tools for Exploring Decision Making Supports, Kan. Council on Developmental Disabilities (July 2018)
Link: kcdd.org/images/documents/CtLC-Stoplight-Tool-for-Exploring-Decision-Making-Supports.pdf
This tool was designed to assist individuals and supporters with exploring decision making support needs for each life domain - Article: Kansas University Wins Grants to Develop National Trainings for Supported Decision-Making for Individuals with Disabilities
Link: news.ku.edu/2020/01/29/ku-wins-grants-develop-national-trainings-supported-decision-making-individuals - Website: Arcare Charitable Fund Grant Will Help Shape The Future Of Supported Decision-Making
Link: arcare.org/arcare-charitable-fund-grant-will-help-shape-the-future-of-supported-decision-making/ - Publication: Supporting Decision-Making: Advice and Examples From a Self-Advocate
Link: https://publications.ici.umn.edu/impact/32-1/supporting-decision-making-advice-and-examples-from-a-self-advocate
(search completed 04/06/2021)
Information Last Updated: July 21, 2022