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Reasons a Judge May Deny Guardianship of an Adult in Kansas

Reasons a Judge May Deny Guardianship of an Adult in Kansas
October 31, 2016 LS_admin

A recent case was decided in Kansas where a judge denied the petition to establish guardianship of an adult. The guardianship laws in Kansas are created to be flexible in the sense that every matter is subjective and may require a different outcome. Guardianship is a very serious undertaking and can introduce equal amounts of benefit and concern for all parties involved. Appointing a guardian is equivalent to taking away specific rights of an adult and affording them to another adult who is able to legally care for the adult in need.

Adult guardianship varies from child guardianship in that adults are generally more capable of making individual decisions than children are. To make the decision to take away an adult’s decision-making authority is a serious undertaking, which is why there is a formal petition and hearing process. To understand why the judge denied the petition to appoint a guardian it is helpful to learn more about what guardianship does and the intricacies of what is involved.

The recent case involved the denial of a parents’ request to appoint a plenary guardian to their adult female daughter who had Down’s syndrome. The judge denied the request because he assessed the daughter’s condition and determined she was able to live on her own safely and comfortable with only minimal assistance. The judge felt he would be overreaching to strip the woman of her rights and autonomy by appointing a guardian excessively. Specifically, the woman was able to have roommates cordially, handle her grocery shopping and even had a steady job. She was also responsible with her finances and able to manage her assets and banking.

The court’s goal is to establish the least invasive outcome possible considering the facts surrounding the circumstances. After assessing all necessary evidence and testimony in the matter the judge concluded that appointing a guardian was far more invasive than the woman required. Regardless of her condition, she was physically, mentally and emotionally able to care for herself with the help of minimal disability service visits, family and friends.

If you have a loved one in need of assistance, care or guardianship, it may be helpful to discuss your options and the best course of action with an experienced legal professional in Kansas. With knowledge of available forms of care, an attorney can help you understand whether a Power of Attorney, a Special Needs Trust or Guardianship is most appropriate in your circumstance.

Understand Whether Guardianship is Appropriate for Your Loved One Today

Kansas Guardianship Attorney Tom McDowell has decades of experience helping families care for their loved ones. If you feel guardianship is the appropriate next step for your loved one, he looks forward to answering your questions and successfully helping you to establish guardianship. Call Kansas Guardianship Lawyer Tom McDowell, at McDowell Chartered Legal Services today (316) 633-4322 to see how he can help you approach the guardianship process successfully.


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