In Kansas, when a person becomes incapacitated, they may need to have a guardian look out for and care for them. An incapacitated person can be any adult who no longer has certain abilities to care of themselves, or a minor who is not able to take care of themselves as an adult would. When an adult is appointed to take care of another person, this is called guardianship, and they become their guardian. When an adult is appointed to take care of a person’s finances and assets, this is referred to as Conservatorship, and they become their conservator. A Conservator is very similar to a Guardianship in the sense that it cares for an individual, however it specifically cares for them fiscally, not physically.
Who Needs a Conservatorship
In most cases, a Conservator is appointed to an adult to manage and protect or invest another person’s finances and assets. The person can be an adult or a child, as either may have finances they need looked after. The person in need is usually declared as “incapacitated,” which means they are an adult or a child who does not have the capacities or abilities to manage necessary financial obligations. A Conservatorship of a minor’s assets is usually needed if they child’s parents have passed away and they were left with a trust or other funds which need monitoring and managed.
Kansas Conservatorship Laws and Court Process
The laws in Kansas allow for an adult, usually a relative or loved one of the incapacitated person, to file for a Conservatorship with the court. This is usually filed in conjunction with a guardianship, however it does not have to be. A person can file solely for Conservatorship if they only want the ability to manage and take care of another’s finances, not the actual person themselves. The court will evaluate the facts of the matter and assess whether the alleged “incapacitated” person does in fact have the ability to take care of their own finances and assets, or if they do not. If a person is appointed as Conservator they may be required to submit annual reports or inventories to the court in order to keep them apprised of the incapacitated person’s financials.
Types of Conservatorship
There are a variety of Conservatorships available that are granted to tailor to the needs of the incapacitated individual. If there is immediate need or an emergency, one can be granted Emergency Conservatorship. If urgent financial decisions need to be made and there isn’t time to go through the full court process, you may be able to petition the court for Emergency Conservatorship. This allows Conservatorship to be almost immediately granted to a person so decisions can be made while your permanent Conservatorship filing is being processed.
You can also file for Standby Conservatorship. This type of Conservatorship assigns a placeholder for a person to step in as Conservator if a person were to become disabled, incapacitated or if something were to happen to their current Conservator. This ensures that despite what happens to the person or their current Conservator, they will be taken care of no matter what.
If you, or an adult or child you know would like to establish a Conservatorship in Kansas, we are here to help. Our experienced team of family law attorneys has extensive knowledge in this exact area and have helped many people get the care and assistance they need. We will put your family at ease throughout the Conservatorship process and take care of everything so you don’t have to. Call the seasoned Kansas Family Law Attorney at McDowell Chartered Legal Services today at (316) 633-4322 to see how we can successfully assist you with your Conservatorship matter.