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The Pros and Cons of Establishing a Guardianship in Kansas – Answered by Kansas Guardianship Attorney

The Pros and Cons of Establishing a Guardianship in Kansas – Answered by Kansas Guardianship Attorney
September 13, 2016 LS_admin

The purpose of setting up a guardianship is to afford protection and care for those in need. Although protection is the goal the legal system in Kansas strives for when they appoint a person to act as guardian, it may not be the outcome if other options are not first considered prior to beginning the process. It is imperative that those seeking to petition for guardianship discuss the circumstances of their loved one in need and the various facets that are involved with guardianship prior to filing a petition.

Because guardianship affords another person the ability to make legal decisions on behalf of the person in need, guardianship is not something that should be taken lightly. Weigh all applicable factors and outcomes and any alternative options prior to petitioning for guardianship to ensure the best interest of your loved one is cared for.

Positives of Establishing Guardianship

A properly executed and maintained guardianship can be hugely beneficial to a person in need, called a ward, and their loved ones. A guardian can make decisions on behalf of the ward to see that their wishes are carried out according to their previously determined values and desires. This level of care can give family members and loved ones peace of mind that their relative is provided the care he or she deserves. Before anything should happen to you, or you and your spouse, it is recommended that you establish the necessary assurances to secure the care you deserve. Guardianship is not intended to last indefinitely and can be created to limit the amount of time it exists or for a particular reason. It can be terminated upon petition and the rights of the ward can be regained once their capacity is restored.

Things to Consider

When a ward, or person in need of assistance, is appointed a guardian, they essentially forfeit their autonomy. A guardian is afforded a vast amount of discretion is able to make important legal decisions on behalf of the ward pertaining to their health, well-being and living environment. Because of this vulnerability, the person who may be placed in the position of guardian should be carefully vetted and considered. Oftentimes a loved one will file the petition to be appointed as guardian, which can increase the level of trust and loyalty toward the ward’s best interest. An appointed guardian is also required to submit accounting and other paperwork to the court on a regular basis so their activity can be monitored

An Experienced Kansas Guardianship Attorney Today Can Answer Your Questions Today

Kansas Guardianship Attorney Tom McDowell has decades of experience helping families find the care and assistance their loved ones deserve. He and his legal team understand the intricacies the guardianship process can bring and look forward to helping your family navigate the legal process to success. Call Kansas Guardianship Lawyer Tom McDowell, at McDowell Chartered Legal Services today (316) 633-4322 to see how he can help you determine if guardianship is the right fit for you or a loved one.

 

 

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