The process of establishing a conservatorship is very similar to that of a guardianship, however the purpose is the main distinguishing characteristic. A conservatorship is established to oversee an impaired individual’s finances and monetary well-being. A person (adult or child) may be capable of managing their own physical needs, however may lack the mental capacity to manage their assets or financial obligations. A conservator is afforded legal rights to make financial decisions on the individual’s behalf and is required to act in their best interest. The process of establishing conservatorship can be intricate and involved, however it does not have to be difficult if you properly educate yourself or consult with an experienced Kansas Conservatorship Attorney.
Petition and Appointment by the Court
As previously mentioned, the process to establish a conservatorship parallels that of a guardianship proceeding. A petition must first be filed with the court stating the request and reasoning for establishing a guardianship. The court will review this petition and most likely schedule a hearing to further review statements and testimony as to why a conservatorship is necessary and would be beneficial. If a minor over the age of fourteen is involved, he or she may appear at the hearing to offer their opinion in the matter. A conservatorship affords many rights and a high level of authority to the appointed conservator, therefore the court wants to be sure they are making a decision that be suits the need of the impaired individual. Using his or her discretion, the judge will decide to appoint or deny guardianship of an individual.
Requirements After Appointment
If a conservatorship is established, the appointed conservator is bound to duties, responsibilities and obligations to the ward and the court. Bond with sufficient sureties is required in all cases of conservatorship and shall be set according to the laws in Kansas. Filing a Report and Accounting may be required by a certain date set by the court and failing to comply may result in consequences. An Inventory must also be filed with the court stating the ward’s assets, property and other relevant financial information. These forms and details provide the court with necessary details regarding how the ward is being taken care of and the ability to monitor his or her financial welfare.
Call an Experienced Kansas Conservatorship Attorney to Help With Your Conservatorship Matter Today
Considering establishing a conservatorship can be a confusing and stressful time without the help of a qualified Kansas Conservatorship Attorney. Tom McDowell has decades of experience helping those in need find the care and assistance they deserve. He understands your needs and the needs of the impaired and looks forward to answering your conservatorship questions in order to begin the process the right way. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we can assist you with your conservatorship matter today.
