One key factor in deciding whether or not guardianship is necessary, and how a judge determines guardianship will be established, hinges on the competency of the individual. A person’s competency is comprised of the level of mental and physical ability a person has in regards to their ability to adequately care for themselves in either or both capacities. Determining a person’s level of competency also assists the judge in deciding how much care an individual needs and to what extent a guardian’s legal rights should reach. A person’s competency, and consequently the extent of his or her needs, will also determine which course of action to take based on the needs of all parties and the circumstances.
Establishing Guardianship Based on Competency
When a petition to establish guardianship is filed, the court gathers and analyzes a variety of pieces of evidence in order to decide whether or not guardianship is necessary according to each subjective case. The court will look at the physician or psychologist’s affidavit stating their diagnosis and recommendation based on their examination of the individual. The court will also review pertinent testimony from the individual, the prospective guardian and any relevant family members or friends. Using his or her discretion, the judge will decide whether or not to establish guardianship based on their findings, and also determine what level and type of guardianship is necessary. Overall, the court’s main goal is to protect the best interest and well-being of the individual in need. The court will also ensure there are no less restrictive alternatives available that would provide for the individual’s needs without taking away more rights than necessary.
Alternatives to Guardianship Based on Competency
Each guardianship matter offers a plethora of subjective factors that a court analyzes in order to determine the best course of action. When making such decisions a court will assess the level of incompetency or incapacity of the individual and assess how much assistance or guardianship the individual needs. An individual may be able to adequately take care of himself or herself physically, however they may be lacking mental capacity to manage their finances due to a mental illness. Conversely, an individual may be mentally healthy however need assistance taking care of themselves physically due to a disability. Regardless of the circumstance, there is an applicable guardianship option that will provide the necessary amount of protection and care while preserving as many individual rights as possible. Some feasible alternative options include establishing a power of attorney, creating a special needs trust, seeking family or community support or exploring assisted living facility options. A qualified and experienced Kansas Guardianship Attorney will be able to discuss your situation and the needs of your loved one with you in order to find an option that best suits the needs of everyone involved.
Kansas Guardianship Attorney Tom McDowell Can Help Your Family Today
Exploring care and guardianship options for a loved one can be confusing and daunting, but our firm is here to provide the support and comfort you need. For over 40 years, Kansas Guardianship Attorney Tom McDowell has successfully helped families establish guardianships and secure the care their loved ones deserve. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we can help you and your family today.
