Every state differs when it comes to its laws pertaining to guardianship and conservatorship. With that in mind, it is important to educate yourself on what guardianship and conservatorship are, and what is involved in order to establish either. The goal of guardianship is centered on providing care for individuals who may not have the capacity to fully care for themselves anymore. This may include physical or personal needs (guardianship), or financial and estate management needs (conservatorship).
Either way, not all instances of guardianship are needed for an indefinite period of time, and temporary guardianship may be a better and more applicable option. It may be possible to establish Temporary Guardianship or Conservatorship for a specific need or reason, and a qualified Kansas Guardianship Attorney such as Tom McDowell can help ensure your family successfully receives the support it needs.
Temporary Guardianship Laws and Process in Kansas
Article 30 of the Kansas Probate Code, which is Chapter 59 of the Kansas Statutes, covers the ability of the court to grant an individual a right to guardianship to help protect their best interests and well-being. Because these laws are intricate it is important to familiarize yourself with them before proceeding, or discuss your questions with an experienced Kansas Guardianship Attorney. It is also important to distinguish between conservatorship and guardianship considering both are offered to care for different facets of an individual’s life.
If you know of an incapacitated person who can no longer take care of their financial needs or responsibilities, they may benefit from establishing a conservatorship. Whereas, someone who may have a physical or mental incapacity and needs help personally caring for themselves may benefit from the assistance of a guardian. Both carry a large amount of responsibility and afforded legal rights; therefore it is important that the person appointed is responsible and trustworthy.
In Kansas, in order for temporary guardianship to be established, the Petitioner (or their attorney) must file a petition requesting the court to grant them guardianship. Most counties also require a report from a physician stating the incapacity and need of the incapacitated person, and deliver a recommendation to the court based on their findings. A hearing is usually held where testimony and evidence will be considered. The court will usually only grant temporary guardianship if there is an emergency or imminent need based on the person’s health, safety or the like.
Contact a Kansas Guardianship Attorney to Help You Establish Temporary Guardianship
If you or a loved one is in need of temporary guardianship and you have questions, Guardianship Attorney Tom McDowell has answers. With years of experience, our team has helped many families provide support to their loved ones, and we look forward to helping you as well. Contact Tom McDowell, a trusted Kansas Guardianship Lawyer, with your questions regarding temporary guardianship. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we will assist you establish temporary guardianship.
