K.S.A. 59-30,141: Basis for appointment of guardian for adult.

(a) On petition and after notice and hearing, the court may:

(1) Appoint a guardian for an adult if the court finds by clear and convincing evidence that:

(A) The respondent lacks the ability to meet essential requirements for physical health, safety or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance or supported decision making; and

(B) the respondent's identified needs cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative; or

(2) with appropriate findings, treat the petition as one for a conservatorship under K.S.A. 59-30,160 through 59-30,195, and amendments thereto, or a protective arrangement under K.S.A. 59-30,196 through 59-30,207, and amendments thereto, issue any appropriate order or dismiss the proceeding.

(b) The court shall grant a guardian appointed under subsection (a) only those powers necessitated by the demonstrated needs and limitations of the respondent and issue orders that will encourage development of the respondent's maximum self-determination and independence. The court may not establish a full guardianship if a limited guardianship, protective arrangement instead of guardianship or other less restrictive alternatives would meet the needs of the respondent.