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2015 Op. Kan. Att'y Gen. 1 (2015)

handle is hein.sag/sagks0087 and id is 1 raw text is: January 13, 2015 ATTORNEY GENERAL OPINION NO. 2015- 1 The Honorable John Rubin State Representative, 18th District 13803 W. 531d Street Shawnee, Kansas 66216 Re: Public Health-Health Care Providers-Do Not Resuscitate Orders or Directives; Definitions; Immunity from Liability Probate Code-Guardians or Conservators-Guardian's Duties, Responsibilities, Powers and Authorities Synopsis: The Kansas-Missouri Transportable Physician Orders for Patient Preferences (KM-TPOPP) form is not a do not resuscitate directive pursuant to K.S.A. 65-4941 et seq.; therefore, the immunity from liability provision in K.S.A. 65-4944 is not applicable or available to a health care provider who relies on the KM-TPOPP form as a DNR directive. Whether the KM-TPOPP form is a DNR order under the act and whether the immunity provision in K.S.A. 65-4944 is applicable or available to a health care provider who relies in good faith on the DNR order is a question of fact that cannot be answered in this opinion. The KM-TPOPP form cannot override the statutory limits imposed on guardians pursuant to the Act for Obtaining a Guardian or a Conservator, or Both and cannot grant guardians powers or authority that the Act denies them. Cited herein: K.S.A. 58-625; 59-3050; K.S.A. 2014 Supp. 59-3051; 59-3075; K.S.A. 65- 28,101; K.S.A. 2014 Supp. 65-28,108; K.S.A. 65-4941; 65-4942; 65-4943; 65-4944; 65-4947.

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