Guardianships and conservatorships can be useful tools to protect minor children, disabled adult children, elderly adults, and temporarily disabled adults. Few individuals, however, have a full understanding of guardianships and conservatorships. The following is a list of questions frequently asked by our clients concerning guardianships:
What is a guardianship?
A guardianship is a legal relationship between the guardian and the ward. The guardian is vested with certain rights of control, care, and custody over the ward, as defined by Kansas law. Guardianships concern the care of the person of the ward, as opposed to conservatorships which concern the finances of the ward or conservatee.
Who is a ward?
A ward is defined as an individual who has a guardian. The ward will be a minor child or an adult with an impairment that makes him or her incapable of meeting essential needs, making the appointment of a guardian necessary.
What does the guardian do?
A guardian will make vital decisions concerning the person, health, and safety of the ward, always in an effort to promote the health, safety, and comfort of the ward. Guardianship duties can be full or limited. For instance, the court might appoint a guardian with control over only the medical decisions of a disabled adult. Other guardians will be fully in charge of the care of the ward. A ward in Kansas will be required to file a report each year with the court.
How do I become a guardian?
There are two different types of guardianships:
- A Chapter 59 Guardianship—this form of guardianship is filed in probate court and is not permanent. You must present evidence that the ward is in need of care, which can be their status as a minor in need of assistance or disabled adult. You will need to provide a statement that indicates the ward’s physical health or safety is in imminent danger. Witness names to support your claim should be included. Temporary guardianship will be granted without a hearing if the facts in the petition so warrant. This form of guardianship is granted for no longer than 30 days but can be periodically extended by the court. Anyone can file a verified petition to remove the guardianship. Parents who file to remove the guardian of their child will have it automatically removed unless it can be shown the parents are unfit. In cases of an adult guardianship, the ward can also file a petition to remove the guardianship.
- A Chapter 38 Guardianship—this form of guardianship is filed under the Kansas Code for the Care of Children statutes. It is permanent and not revocable like a Chapter 59 guardianship. Anyone has the ability to file a Child in Need of Care petition, and it must be proven the child is in need of care and the parents are unfit. The parents can consent to the guardianship.
Do I need an attorney to become a guardian?
Guardianships are complex and not to be pursued lightly. Those considering becoming a guardian should consult with an attorney in their area as soon as possible. Your attorney will examine the facts of your case and determine if a guardianship is the right solution.
McDowell Chartered: Helping You Protect Your Loved One
If you or a loved one is interested in pursuing a guardianship or conservatorship, the compassionate Kansas Family Law Attorneys at McDowell Chartered can help. For decades, McDowell Chartered has assisted the families of minor children or incapacitated loved ones in obtaining the assistance they so greatly need. Call us today at (316) 269-0746 for an initial consultation.
