Guardianships Things Guardian CANNOT DO - K.S.A (e)

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Presentation transcript:

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. 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, (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