1. 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 , , as amended.
(c) Copyright Jd. Michael P. Joyce, Johnson County District Court

2. 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 Jd. Michael P. Joyce, Johnson County District Court

3. 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 Jd. Michael P. Joyce, Johnson County District Court

4. 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 Jd. Michael P. Joyce, Johnson County District Court

5. 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 Jd. Michael P. Joyce, Johnson County District Court

6. What did we learn?
(c) Copyright Jd. Michael P. Joyce, Johnson County District Court

7. Judicial Council Form
(c) Copyright Jd. Michael P. Joyce, Johnson County District Court

8. 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 Jd. Michael P. Joyce, Johnson County District Court