You may have an adult loved one or family member whom you feel would benefit from the care and assistance of a guardian. In some instances you may be unsure whether or not he or she is in need of guardianship, and if so, in what capacity. An adult who is unable to mentally or physically care for himself or herself may be deemed to be legally incapacitated and therefore may require the establishment of guardianship. Oftentimes such adults may have an inability to adequately assess information, making it difficult for them to communicate or make decisions preventing them from adequately caring for themselves. Care can include basic needs such as obtaining proper clothing and dressing, suitable shelter, securing and maintaining a safe living environment, managing financial stability, and possibly or other medical or physical needs. Not all incapacitated adults are fully incapable of caring for themselves, and in such instances may only require a limited or partial guardianship.
If you feel this describes someone in your life you care about, it may be time to consider guardianship to ensure their best interest is cared for. To initiate the process a petition must be filed by an “interested person” (usually a close friend or family member) in the District County Court. Kansas specifically requires a petition to be filed in the District Court in the county where the respondent has his official residence. If the respondent has no official residence, the county in which the respondent actually lives or has property, or in the county or on any federal reservation within the county where the respondent or his property is found. Before an appointment is established, the incapacitated person is called a “respondent” and should be referred to as such in necessary court documents. If it is determined that guardianship is necessary, they will then be called a “ward” once guardianship is legally established.
Kansas law outlines the following factors the court should use when determining whether or not a person is in fact incapacitated and if appointment is appropriate:
- Whether the respondent is capable of living independently;
- The degree to which the respondent can live independently;
- Whether the respondent can take care of himself or herself; and
- Whether the respondent can properly take care of his own finances and property.
If the judge feels there is sufficient evidence to schedule a hearing, one will be set to review the facts in the submitted petition. At the hearing he or she will hear relevant testimony in order to determine the level of incapacity of the person, and whether or not a guardianship appointment is necessary. Prior to the legal appointment, the court may also appoint a Guardian Ad Litem, who is the attorney for the incapacitated person to ensure their best interest is being represented.
Contact an Experienced Kansas Guardianship Attorney Today
Kansas Guardianship Attorney Tom McDowell has decades of experience answering many family’s questions and has successfully helped them establish guardianships. Helping to provide for the care and well-being of you and your loved ones who may not be able to care for themselves is our firm’s passion. Call Kansas Guardianship Lawyer Tom McDowell, at McDowell Chartered Legal Services today (316) 269-0746 to see how he can help you appoint a guardian best suited for your family’s needs.
