If you have a loved one who is in need of guardianship, and you are either considering taking on the role yourself, or asking another family member or friend, there are many facets to first explore. Becoming a guardian is a weighted responsibility and also comes with many significant legal rights. Essentially the person stepping into the role of guardian has ability and control to make important decisions on behalf of another individual.
The court established the role and ability of guardians to be in a place of care and support to promote the welfare and well-being of others. For this reason it takes the appointment process very seriously and carefully considers who it allows to step in as a guardian for these exact reasons. In order to increase your chances of becoming a guardian, or educating yourself on who would be a suitable person to consider, speak to an experienced guardianship attorney or be sure you fully understand all that is required at the outset.
Court Considerations When Deciding to Appoint a Guardian
When a petition is submitted to the court, requesting it to assign an individual the role of guardian, there are many factors that are assessed when deciding whether or not to establish guardianship. Before the court makes a decision, a hearing is usually set in order to hear testimony from the incapacitated individual, family members and the proposed guardian, and to review any available evidence.
The court will also look at the totality of the circumstances regarding who the proposed guardian is and whether or not they are suitable for the position. Furthermore, the court will assess the current financial situation of the proposed guardian, their workload and available time, their previous and current relationship with the alleged incapacitated person, along with their respect and willingness to abide by the AIP’s healthcare and life’s wishes. Overall, the court is evaluating whether or not they are a “fit and proper person” and if they are a “suitable person” to take on the role as guardian.
Considering the individual who is chosen to represent the AIP as their guardian will have the oversight and ability to control personal health and living condition decisions, they need to be a trusted and responsible individual. This is also true if they are appointed as conservator and have the ability to manage finances as well. Although they will have a broad amount of discretion, to ensure the AIP is being taken care of as satisfactorily as possible, the court will monitor the actions of the guardian and well-being of the AIP on a fairly regular basis.
Contact Kansas Guardianship Lawyer Tom McDowell to Handle Your Guardianship Matter
If you are seeking to become a guardian, or you are considering individuals to become the guardian of your loved one, our law firm can help. You may have many questions regarding the process and what is involved, and Kansas Guardianship Lawyer Tom McDowell has the answers you need. Our qualified team and experienced staff understands the needs and process surrounding guardianship and will ensure your matter proceeds successfully and efficiently. Call Kansas Guardianship Lawyer Tom McDowell at McDowell Chartered Legal Services today at (316) 269-0746, and see how we can answer your guardianship questions.
