Kansas

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

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)

Case Law & Court Orders

None found

State Grant Programs

None awarded

Other Resources

(search completed 04/06/2021)

Information Last Updated: July 21, 2022