Guardianship, at its core, was founded to provide care to individuals who are in need due to a lack of capacity or inability to care for themselves. Every day more and more baby boomers are growing in age and population, and with their increased numbers comes an increased need for care. The elderly community are not the only individuals who benefit from the care of others. Those with special needs may also benefit from a guardianship appointment. Many individuals need guardianship for a variety of different reasons and regardless of their competency a type of care can be established to specifically suit their needs. One of the first steps to establishing guardianship in Kansas is to properly determine a person’s capacity or competency to adequately assess their need.
After filing a petition, which begins the guardianship process by requesting an appointment from the court, a hearing will be held. At this hearing, or prior, a judge will assess the level of capacity of the potential ward in order to determine whether or not guardianship is necessary. Capacity can ebb and flow depending on the person’s condition or age, so it is important to accurately determine levels at the outset and continue to monitor their progression.
Medical or Psychological Report
A judge will also rely on evidence presented to him or her in relation to an individual’s need for guardianship. A medical or psychological report is generally required to be filed with the petition or at the time of the hearing. This report states under oath by way of an affidavit, the diagnosis and functional evaluation the doctor has made regarding the person’s functionality and decision-making ability. It may also state their recommendation for guardianship based on their assessment.
The level of capacity a person has or does not have helps the judge determine which type of guardianship is most suitable, whether limited, permanent, indefinite or for a specific amount of time. A person may also be capable of making certain decisions independently but not others in different respects. These discrepancies will also be noted in order to evaluate which authorities should or should not be afforded to the appointed guardian. The court strives to provide as much care as necessary yet not overstep its boundaries in terms of taking away a person’s rights.
Every state has different laws pertaining to the standards of what determines a person’s incapacity or levels of competence. It is encouraged that you speak with a qualified Kansas Guardianship Lawyer to have your questions answered and ensure you are approaching the guardianship process knowledgeably and efficiently.
Kansas Guardianship Attorney Tom McDowell Can Answer Your Questions Today
For over 40 years Kansas Attorney Tom McDowell has successfully helped families through the guardianship process. He understands the questions and concerns you may have and looks forward to helping you take care of your loved ones in need. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we can help you successfully appoint a guardian.
