What is a Convervatorship?
In Kansas, Conservatorship affords legal rights to an adult to make financial decisions on another adult’s behalf. This process must be handled and established through the court system. Essentially, a judge will assess the alleged incapacity or inability of the adult and either grant or deny a Conservatorship based on the adult’s needs and capabilities. If a Conservatorship is granted, the Conservator has the ability and responsibility to manage, maintain and properly handle the finances and assets for another adult, also known as the protectee.
Who Can Receive Conservatorship?
A Conservatorship may be appropriate when a person lacks the capacity to manage and make responsible decisions regarding their finances. This person can either be an adult who has lost mental capacity or understanding of financial aspects, or a minor child who is presumed to lack the capacity to properly manage his or her assets. The process of establishing Conservatorship and declaring incapacity can only be done in a court of law by a probate judge. The alleged incapacitated adult is required to be examined by a licensed physician or psychologist. This professional will then submit a report stating the condition of the adult, which will be analyzed by the court when making a decision regarding incapacity and appointment of a Conservator.
How Can I be Appointed as a Conservator?
An adult who has no prior criminal record or prior history can petition to be the Conservator of another adult. Usually this person is a close relative or a trusted friend of the incapacitated adult. The prospective Conservator must petition the court to hear a case for Conservatorship. This can be done by contacting an experienced Family Law attorney and can properly file the correct and necessary documents. This petition must also be filed in the county where the incapacitated adult lives or where he or she owns real estate. A hearing will be held and the judge will analyze all of the facts, reports and statements given regarding the need and ability of the adult. If the judge agrees that a Conservatorship is necessary he or she will grant Letters of Conservatorship, which give the Conservator the legal authority to act on behalf of the incapacitated adult regarding his or her finances.
How is Conservatorship Different than Guardianship?
Although the two have similar roles regarding care for another, the type of care provided to the incapacitated adult is what differentiates them. Conservatorship cares only for another person’s finances and assets. Therefore, anything dealing with money management, bill paying or account oversight is appropriate for the role of Conservatorship. Guardianship however, cares for the individual himself or herself. This means ensuring their optimal health, mental and emotional well being.
How Long Does a Conservatorship Last?
Once you are appointed as Conservator, your duties can last for a variety of different lengths. A Conservatorship can be declared as necessary for as little as a month or two, or for an undetermined indefinite period of time. However, the Conservatorship will likely terminate automatically if any of the following occur: 1) upon the death of the Protectee (incapacitated person); 2) if the Protectee’s capacities are restored; 3) if the Conservator resigns; or 4) if the court decides to remove the Conservator or terminate the Conservatorship.
If you know of an adult or child in Kansas that needs a Conservatorship, we are here to help. Our experienced Kansas Conservatorship Lawyer has extensive knowledge in this exact field of law and has helped many people receive the financial protection 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 McDowell Chartered Legal Services today at (316) 269-0746 to see how we can successfully assist you with your Conservatorship matter.
