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Are Estate Guardianships and Conservatorships the Same Thing in Kansas?

Are Estate Guardianships and Conservatorships the Same Thing in Kansas?
April 1, 2015 LS_admin

An estate guardianship or conservatorship may be necessary for people as they get older or when they no longer are able to manage their finances. When a person becomes incapable of making important decisions in their life regarding their health, medical care or financial management, it is usually time for a loved one to establish himself or herself as Estate Guardian or Conservator. However, it is often difficult to ascertain the difference between the two and understand which is best for your set of circumstances. In order to proceed in the best way, it is important to have a plan in place if these circumstances do arise, and to seek proper legal assistance to address issues that may unexpectedly occur.

Establishing a Guardianship or Conservatorship

Because appointing a guardian or conservator means the loss of many rights and abilities on the part of an individual, the court takes the process incredibly seriously. First, an individual must be declared incapacitated or lacking certain and necessary abilities to manage their financial affairs. This process is usually assessed through the testimony of family members, the individual themselves and a physician or psychologist report. A judge will review all facts and recommendations and make a decision to appoint at his or her discretion.

A judge will appoint a Guardian if the individual needs assistance making decisions regarding their physical or mental well-being. This could pertain to their health, their living environment and any medical decisions that may be necessary. A Conservator on the other hand may be appointed if the judge feels the individual can no longer appreciate or properly manage their financial responsibilities or assets. This includes bill paying, any investment oversight and responsible management of their property.

Who Needs a Guardian or a Conservator

The need to appoint a Guardian or a Conservator can arise based on a variety of circumstances; it is not just limited to the elderly or those who are very ill. The following types of individuals or instances may require the need to establish a guardianship or conservatorship:

  • Families of minor children whose parents have passed away
  • Families of an individual with terminal illness
  • Families of an elderly person who has become incapacitated
  • Parents of adult children with special needs
  • Families of a loved one who has become mentally disabled

Contact a Knowledgeable Kansas Guardianship and Conservatorship Attorney Today

If you know of an adult or a minor that needs a Conservator or a Guardian, our law firm is here to help. It is important to protect the well-being and financial health of those we love and our team approaches each individual matter with that exact goal in mind. The conservatorship or guardianship process can be daunting and confusing, but it doesn’t have to be with the assistance of an experienced Kansas Guardianship Attorney. Our law firm is knowledgeable in the areas of conservatorship and guardianship, both for the elderly and minor children, so we are here to help. Call a Kansas Conservatorship Lawyer at McDowell Chartered Legal Services today at (316) 633-4322 to see how we can successfully assist you in your matter.

 

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