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Committee amends guardianship bill with coalition language on end‑of‑life decisions and advances measure

2344536 · February 15, 2025
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Summary

The House Committee on Judiciary on Thursday added a coalition‑drafted amendment to House Bill 2359 that clarifies end‑of‑life procedures for adults under guardianship and reported the bill favorably for passage.

The House Committee on Judiciary amended and advanced House Bill 2359 on Thursday, adopting language developed with a coalition of disability‑rights and advocacy groups to clarify how courts should handle end‑of‑life decisions for incapacitated adults.

HB 2359 would replace the current guardianship and conservatorship act with an updated Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act and the Uniform Guardianship, Conservatorship and Other Protective Arrangements Act. During committee hearings opponents representing disability‑rights groups and other organizations pressed for clearer safeguards governing withholding or withdrawal of life‑sustaining treatment.

Committee members adopted a negotiated amendment that tightens definitions and sets a court process when an adult is judged legally incapable of making health‑care decisions. Among the changes, the amendment specifies a standard of "clear and convincing evidence" for authorizing withholding or withdrawal of life‑sustaining treatments, requires appointment of counsel for the adult, and directs the court to hold a hearing within 72 hours for contested end‑of‑life petitions. The amendment also includes procedures for obtaining second‑opinion certifications from health‑care providers and provides injunctive relief for parties seeking prompt court review.

Advocates for the amendment said the changes were drafted in consultation with the Disability Rights Center of Kansas, Kansans for Life and other groups that testified as opponents to the base bill because of end‑of‑life concerns. Committee advisers said the judicial council reviewed most elements of the guardianship rewrite but had asked the legislature to resolve the end‑of‑life policy questions.

Representative John Carmichael said he would oppose the amended bill on principle because it makes significant changes with limited vetting in the committee, and he asked that his no vote be recorded; other members said they supported the amendment as a protective measure for incapacitated adults. The committee then voted to report HB 2359 favorably for passage as amended.

Ending: The committee adopted coalition language clarifying end‑of‑life procedures, including counsel appointment, a 72‑hour hearing requirement and a clear‑and‑convincing evidence standard, and reported the guardianship reform bill favorably for passage.