(a) A guardian or conservator may retain a third person to provide any service to an individual subject to guardianship or conservatorship if retaining such third person, hereinafter referred to as a service provider, is consistent with the guardian's or conservator's fiduciary duties and the guardian's plan under K.S.A. 59-30,156, and amendments thereto, or conservator's plan under K.S.A. 59-30,180, and amendments thereto. (b) In retaining a service provider under subsection (a), the guardian or conservator shall exercise reasonable care, skill and caution in: (1) Selecting the service provider; (2) establishing the scope and terms of the service provider's work in accordance with the guardian's plan under K.S.A. 59-30,156, and amendments thereto, or the conservator's plan under K.S.A. 59-30,180, and amendments thereto; (3) monitoring the service provider's performance and compliance with the scope and terms of work; and (4) redressing an act or omission of the service provider which would constitute a breach of the guardian's or conservator's duties if done by the guardian or conservator. (c) In providing services under this section, a service provider shall exercise reasonable care to comply with the scope and terms of the work and use reasonable care in the performance of the work. (d) A service provider who agrees to provide services under subsection (a) submits to the personal jurisdiction of the courts of this state in an action involving the service provider's performance. (e) A guardian or conservator that retains and monitors a service provider in compliance with this section is not liable for the decision, act or omission of the service provider.
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