The Baby Boomer generation continues to age and with that comes an ongoing and increased need for care and assistance. Every individual is different and therefore so are their personal needs. Elderly and incapacitated adults may experience a decrease in mental or physical ability in varying stages, or simultaneously, creating an inability to care for themselves or manage their affairs. Regardless of the type of deterioration they are experiencing, the state of Kansas has created options that provide care and protection for the needs of elderly adults. Conservatorships are offered in an effort to provide an efficient legal solution to managing an elderly or incapacitated individual’s finances. If found to be incapacitated, the court will declare a need for guardianship and appoint a guardian for the person, who then becomes a ward.
Although conservatorships are intended to provide care for those in need, they can also impose restrictions on an incapacitated person’s freedoms. If other alternatives, such as a Power of Attorney or community support, have been considered and are not sufficient options, a conservatorship may be a beneficial solution to you and your family’s matter. A conservatorship can last indefinitely or be created to meet a specific and limited goal. The ongoing objective is to restore the person to total decision-making capabilities, however, likely or unlikely that may be. The intent for appointing a conservator is to create the minimal amount of restrictions possible while fostering the maximum possible amount of dignity, security and self-sufficiency.
How a Conservator Helps
If the individual is no longer able to manage their own finances or estate, it is necessary for a conservator to step legally into the role of financial guardian. Managing a person’s estates consists of making determinations and decisions, and taking actions that are reasonably necessary. According to Kansas statutes 59-3050 through 59-3096, these include all actions necessary “in order for a person to receive and account for personal or business income, benefits and property, whether real, personal or intangible and except for reasons of indigency; to purchase or otherwise obtain necessary goods or services; to pay debts and expenses; to sell, exchange or otherwise dispose of property; and to plan for future accumulation, conservation, utilization, investment, and other disposition of financial resources.”
The appointment of conservator holds great power and ability and therefore should be entrusted to someone loyal and known. Some key examples of what a conservator has the duty, or right to do with court’s permission include pay and collect legal debts, possess and manage assets and finances, keep and protect property, sell assets of estate, sell, convey or mortgage real property, and set up an irrevocable trust on behalf of the ward.
Kansas Conservatorship Attorney Tom McDowell Can Answer Your Conservatorship Questions Today
For over 40 years, Kansas Conservatorship Attorney Tom McDowell has successfully helped families through the conservatorship process. He understands the questions and concerns you may have and looks forward to helping you take care of your loved ones. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we can help you successfully appoint a conservator.
