When it comes to contemplating guardianship care for your family member or loved, there are a lot of things to consider prior to making any decisions. First, you must assess whether guardianship is necessary or whether other less restrictive alternatives would suffice. Second, it is important to determine what type of guardianship is applicable and how long the appointment should last. Finally, prior to filing a petition and beginning the court appointed guardianship process, you must decide who is most appropriate to name as guardian. Discussing your options and further considerations with an experienced Kansas guardianship attorney can give you the confidence and assurance you need that you are making the right decisions and proceeding correctly.
When determining who should be appointed as guardian, you must first fully understand what guardianship entails. A guardian is given the legal authority to make decisions regarding a person’s overall well-being on their behalf. Because an appointment restricts the freedoms and rights of an individual, the decision to appoint a guardian is a serious one and should not be taken lightly. A petitioner filing for guardianship is usually given their choice as to who they would like to name as guardian. Most states also have a preferential hierarchy that helps determine who may be best suited to appointed as guardian. For example, parents are usually first in line and if parents are not available siblings or other close family members usually fall next in line. If no family members are willing or able, then a close friend may be considered. If no close friends are available, then the court may have to appoint a professional guardian.
Naming a Qualified Guardian in Kansas
Appointing a guardian also comes with a variety of roles and responsibilities. Therefore, it is important to appoint someone who you are confident will live up to the task. Choosing an individual who will carry out the wishes of the individual and ensure they are cared for to the best of their ability is essential. If a guardian is no longer able to serve the guardianship does not terminate automatically. However, a new replacement guardian must be appointed. It may also be beneficial to appoint co-guardians to care collectively for the individual and provide more support, or select a supplemental guardian as well. Most guardianship cases also allow for reimbursement for expenses paid on behalf of establishing a guardianship, such as attorney’s fees. The court wishes to encourage the care of those in need and does not wish to discourage their service.
How a Kansas Family Attorney Can Help You With Child Visitation
Whether you are a parent, stepparent or grandparent of a child you care for and wish to gain visitation rights, our law firm can help. Attorney Tom McDowell is a trusted Kansas Family Lawyer with decades of experience who can help you with your family’s visitation needs and reach an agreeable solution. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we can help you obtain visitation rights.
