You may have a loved one who is in need of care or assistance and as a result you are contemplating establishing guardianship. This need may have arisen due to a special mental or physical need based on challenges or limitations, an inability to care for themselves due to age, or a child whose parents are no longer fit or willing to adequately care for their child. Regardless of the need, guardianship may be a viable option to ensure that ward (person in need) is taken care of the way they deserve. Oftentimes, however, a permanent guardianship is not necessary and a ward may only need care on a temporary basis or for a limited duration. Also, if there is an emergency situation where a child in need may be facing harm or abuse, emergency temporary guardianship can quickly be established in order to remove that child from the situation and find immediate care for him or her.
Guardianship, in contrast with adoption, is a temporary care solution whereas adoption is permanent. An adoption terminates the rights of the child’s biological parents, and the adoptive parents assume the legal role and rights as the child’s parent. Guardianship may be terminated prior to or automatically when the child turns eighteen. A guardianship may extend beyond the age of eighteen if the adult has special needs and requires continued care. Guardianship provides a beneficial solution of care for the child if all parties are in agreement. In order for guardianship to be achieved, the court also requires the consent of the child’s parents.
Once a petition is filed to establish guardianship the court will schedule a hearing so the judge can assess the needs of the child or adult and make a discretionary decision whether or not to appoint a guardian. The level of need and the duration of appointment will also be analyzed. The court will also appoint a GAL (guardian ad litem) to oversee the child’s best interest and ensure their needs and wishes are spoken for. The GAL will gather information through conversations with various people including teachers, physician’s, relatives, caregivers, the adult or child depending on age and the prospective guardian. After gathering information and making an evaluation the GAL will create and submit a report based on their findings and make a recommendation. All of the aforementioned will be used in assisting the judge to make a decision whether or not to establish guardianship and appoint a guardian.
How a Kansas Guardianship Attorney Can Help You With Your Guardianship Matter
If you have a loved one or know of a child in need of guardianship, our law firm can help. Attorney Tom McDowell has over 40 years of experience as a trusted Kansas Guardianship Lawyer who can help you with your family’s guardianship needs and reach an ideal outcome. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we can help answer your guardianship questions.
