- What is a Guardianship?
- Who can be a Guardian?
- Who is a Ward?
- What does a Guardian do?
- How do I become a Guardian?
- What about Adult Guardianships?
- What is a Conservatorship?
- Who is a Conservatee?
- What does a Conservator do?
- What is the goal of Guardianship or Conservatorship?
- Are there Alternatives to Conservatorship?
Guardianship can be defined as a legal relationship between the Guardian and a ward in need of a Guardian. The Guardian is vested with the rights of care, custody and control over the ward in accordance with Kansas law. Guardianships concern the care of the person of the ward.
Any person age 18 or over or a corporation who or which is appointed by a court to act on behalf of a ward.
A ward is defined as a person who has a guardian and is either a minor child or an adult with both an impairment and the lack of appropriate alternatives for meeting essential needs, such that the appointment of a guardian is necessary.
A guardian makes personal and medical decisions promoting the comfort, safety, and health of an individual or ward. Guardianship duties can be "limited" or "full." A guardian must file an annual report with the court.
There are two different types of Guardianships:
1) A Chapter 59 Guardianship is filed in the probate court and is not permanent. An individual in need of a Guardian can be defined as any person who because of impairment (including minority), lacks an appropriate alternative for meeting their essential needs. Anyone can file a Verified Petition to remove the Guardian, or the Guardian himself can file a Verified Petition to be removed. Because of what it called the Parental Preference Doctrine, parents are able to file a Verified Petition at anytime and the Guardianship will be removed unless it can be proven that the parent(s) are unfit. However, the Guardian can in turn file under Chapter 38 avoiding the need to prove the parent(s) as unfit. The Guardian will file a Petition alleging that the child is a child in need of care. A child will be adjudged as in need of care if the child has been neglected, abused or abandoned.
2) A Chapter 38 Guardianship is filed under the Kansas Code for the Care of Children statutes. This Guardianship is permanent in nature and is not revocable like the Chapter 59 Guardianship. Anyone can file a Child in Need of Care Petition and it must be proven that the child is in need of care and the parent(s) are unfit. The parents may also consent and agree to the Guardianship.
What about Adult Guardianships?
Filed under Chapter 59, Any person can file a Verified Petition for Guardianship. This Guardianship is not permanent and it must be shown that the potential Ward, because of impairment, lacks an appropriate alternative for meeting their essential needs. As is the case with minors, anyone can file a Verified Petition to remove the Guardian, including the Guardian himself or the Ward.
Conservatorship is a court procedure in which a court appoints a person, called a
conservator, to manage another person's (the conservatee's) personal and/or financial
affairs. While Guardianships concern the care of the ward, Conservatorships concern the care of the conservatee's finances
Any person age 18 or over or a corporation who or which is appointed by a court to act on behalf of a conservatee.
A conservatee is defined as a person who has a conservator and who because of both an impairment and the lack of appropriate alternatives for managing such person's estate, requires the appointment of a conservator.
Kansas law requires that a conservator act on behalf of the conservatee to manage the estate for the benefit of the conservatee, and annually present to the court a verified account of the conservatee's income and expenses.
What is the goal of Guardianship or Conservatorship?
Guardianship or conservatorship is an attempt by the state to provide a way to help and protect a person when that person is incapable of self-care or of acting in his or her best interests.
Are there Alternatives to Conservatorship?
Most people prefer to avoid a conservatorship if possible. The most effective way to
do this is to prepare and sign a durable power of attorney for finances and an advance healthcare directive while you have mental capacity. With these documents, you can empower someone you trust and who knows your wishes to make decisions for you if you become incapacitated in the future. No matter what your age and health, it's good to plan for what could happen in the future.