You may know of a loved one or family member who is in urgent need of care yet they do not have the capacity to care for themselves. If this scenario sounds familiar, the incapacitated individual may be in need of a guardian’s help, however a permanent guardianship may not be necessary. For this reason the courts in Kansas often offer an option to establish a temporary guardianship to ensure the individual, or ward, is sufficiently cared for, for an allotted necessary period of time. The court also provides temporary conservatorship to individuals who may not be of sound mind or physical ability to make financial decisions for themselves and are in need of immediate assistance.
Article 30 of the Kansas Probate Code, which is Chapter 59 of the Kansas Statutes, covers the establishment and requirements for temporary guardianship. Generally, the court in Kansas requires evidence of imminent danger in regards to the health or safety of the ward in order to establish guardianship. For this reason the court may appoint a temporary guardian while the guardianship appointment is in process. Before a guardian has been legally appointed. This individual will stand as guardian to protect and act on the behalf of the incapacitated person while necessary or until the appointment has been officially made.
Process of Establishing Temporary Guardianship
If you feel a loved one or family member is in need of immediate guardianship due to a threat of imminent health or safety danger, you should consider establishing temporary guardianship. Given the urgency of the matter and the possible delicate condition of the situation, you may wish to consult with a Kansas Guardianship Attorney to ensure the process is handled efficiently and properly. To establish temporary guardianship a petition needs to be filed with the court stating why temporary guardianship is being sought.
The main component Kansas courts require is evidence of imminent danger to the ward’s physical health or safety. You may also be required to submit names and addresses of witnesses who can attest to the physical or mental state of the individual and their need for temporary guardianship. The court will use the evidence and testimony of relevant parties to make its decision whether or not to grant temporary guardianship and appoint a temporary guardian. Considering the urgency of the situation, the court may not require that a hearing be held and will use its discretion to make a decision. If an appointment is made the court will provide an order that outlines the temporary guardian’s authority and role.
How a Kansas Guardianship Attorney Can Help the Needs of Your Family
Regardless of the details surrounding what your family is experienced, Kansas Guardianship Attorney Tom McDowell understands your concerns. Contact a trusted Kansas Guardianship Attorney who has over 40 years of experience and can help you achieve the outcome that best suits your family’s needs. Call McDowell Chartered Legal Services today at (316) 633-4322 to see how we will assist you with your temporary guardianship matter.