When a child or adult is in need of care or supervision they are often assigned a guardian by the court. This individual is afforded many legal rights to act on the behalf of the ward (child or adult in need) in a variety of facets, and holds a great deal of responsibility. Above all, they are tasked with always acting in the ward’s best interest and monitoring their well-being. Depending on the capacity of the established guardianship and the ward’s needs, a guardian’s duties and powers will vary. Like many states, the court in the state of Kansas holds a guardian to a certain standard of care and continues to monitor the guardian’s actions to ensure they are meeting the ward’s needs and abiding by the applicable laws that govern their abilities and rights. Specifically the rights and duties of guardians in Kansas are defined and outlined in K.S.A. 59-3075.
Duties of a Guardian in Kansas
As an appointed guardian, an individual has the authority to care for the personal, health, safety and well-being of an impaired person, or ward as they are defined by the court. This is similar in theory but distinctly different in applicability to those who are appointed to act as a conservator to an individual. A conservator is tasked with managing a person’s financial assets and monetary well-being. A person who the family, impaired individual or court feels may be appropriate to act as both conservator and guardian has the ability and right to do so.
As a guardian, an individual is always under the supervision of the court and can be regulated or monitored accordingly. In doing so, a guardian must report to the court through submissions of required forms, usually on an annual basis, and may be required to attend certain hearings. These reports and hearings are implemented in order for the court to oversee the behavior and actions of the guardian and monitor the progress and well-being of the ward.
In order to properly oversee a ward’s well-being and act in their best interest it is important for the guardian to maintain healthy relationships with their family members, friends co-workers and medical advisors. Thorough management of a person’s health and personal care may involve conservations a variety of individuals or entities but is necessary in order to make the best decisions on behalf of the ward. Although a guardian’s position encompasses various levels of authority, he or she is also required to consider the ward’s wishes and encourage their input when making decisions. Overall a guardian must exercise reasonable care, act with appropriate due diligence and responsible good sense.
Contact Kansas Guardianship Lawyer Tom McDowell to Understand the Rights and Powers of Guardians
Tom McDowell has decades of experience helping families and loved ones find the care and assistance they need. He understands the questions you have and looks forward to answering them and beginning your guardianship process. Call Kansas Guardianship Lawyer Tom McDowell, McDowell Chartered Legal Services, today at (316) 633-4322, and receive the answers and care you and your loved ones deserve.