Guardianships
• Things Guardian CANNOT DO K.S.A. 59-3075(e)
(7) consent, on ward’s behalf, to withholding or withdrawal of
life-saving or
life sustaining medical care, treatment, services or
procedures
EXCEPT,
(A) ward executed living will or DNR prior to incapacity.
See K.S.A. 65-28,101-109, as amended.
(c) Copyright 2016 - Jd. Michael P. Joyce, Johnson County
District Court
Guardianships
• Things Guardian CANNOT DO K.S.A. 59-3075(e)
(7) … withholding or withdrawal of life-saving … procedures
EXCEPTIONS,
(B) Ward executed DPOA for health care decisions, previous to
impairment, that included such authority
(c) Copyright 2016 - Jd. Michael P. Joyce, Johnson County
District Court
Guardianships
• Things Guardian CANNOT DO K.S.A. 593075(e)
(7) consent, on ward’s behalf, to withholding or withdrawal of lifesaving or
life sustaining medical care, treatment, services or procedures
EXCEPT,
(C) ward’s treating physician certifies in writing the following:
(c) Copyright 2016 - Jd. Michael P. Joyce, Johnson County
District Court
Guardianships
K.S.A. 59-3075(e)(7)(C) cont’d:
• Physician’s certification that ward is:
• persistent vegetative state or suffering from an illness or medical condition;
• Further treatment, other than relief of pain, would not likely prolong life
• Other than by artificial means;
• Nor likely restore ward any significant degree of capabilities beyond those
currently possessed;
AND
Second written physician’s or medical ethics committee’s opinion concurring
(c) Copyright 2016 - Jd. Michael P. Joyce, Johnson County
District Court
Guardianships
• K.S.A. 59-3075(e)(7)(C) cont’d:
Written certifications of physician and concurring physician
must be presented to the Court and approved.
Court is approving the certification and concurrence.
May need this approval to place Ward in Hospice Care.
(c) Copyright 2016 - Jd. Michael P. Joyce, Johnson County
District Court
What did we learn?
(c) Copyright 2016 - Jd. Michael P. Joyce, Johnson County
District Court
Judicial Council
Form
(c) Copyright 2016 - Jd. Michael P. Joyce, Johnson County
District Court
Possible additional language
• This Order empowers the guardian with the authority to make the
decision to withhold or withdraw life-saving or life sustaining care,
treatment, services or procedures.
(c) Copyright 2016 - Jd. Michael P. Joyce, Johnson County
District Court