A variety of circumstances may lead to the need of a guardian in an adult or a child’s life. For example, a guardian may be assigned in the will of a child’s parents in order to ensure they are taken care of should anything happen to both parents. A guardian may also be beneficial or necessary if an elderly person can no longer take care of him or herself and require the assistance of another. In this case a family member or loved one may feel it would be most beneficial to have a guardian appointed. Essentially, a guardian provides assistance to another incapacitated person to care for and manage their inabilities. Whether they are a child who cannot take care of themselves, an adult with an impairment or disability who needs assistance, or an elderly person who no longer possesses the wherewithal to adequately provide their own care; a guardian can be beneficial.
Guardianship Appointment Process
Ultimately the court has discretion when deciding who is appointed as another person’s guardian. Considering the guardian holds a large amount of responsibility and capabilities when it comes to making decisions on behalf of a ward, the court wants to ensure they are appointing a person who is in the best interest of the individual or child. A certain person may be suggested as guardian in a person’s will to take care of their child should they pass away, however if a person does not leave a will or no guardian is stated, the court may choose a guardian on their own. If you have a preference of a guardian, it is important to create a valid will stating who you wish to be appointed as your child’s guardian to see that happens. An individual, or a family member can also petition for the court to appoint a specified guardian based on the ward’s physical or mental incapacities and needs. The court usually requires factual evidence or a doctor’s declaration in order to assign guardian decision-making abilities to an individual.
Differences in Adult and Minor Guardianships
Establishing guardianship of an adult is usually more rigorous and intricate than appointing a guardian of a child. An individual, or a family member must petition for the court to appoint a specified guardian based on the adult’s physical or mental incapacities and needs. The court usually requires factual evidence or a doctor’s declaration in order to assign decision-making abilities to an individual as a guardian. Because an adult is capable of making decisions for himself or herself a court is very thorough and cautious when assigning rights to another in order to preserve the best interest and legal rights of the person.
Call Kansas Guardianship Attorney Tom McDowell Today to Get Started With the Appointment Process
Whether you know of a child or an adult who needs care and guardianship, our firm is here to assist and ensure their best interests are protected. Kansas Guardianship Attorney Tom McDowell has over 40 years of experience in the areas of guardianship and has helped many families establish successful guardianships over the years. Our law firm understands the concerns and questions you may have and is here to give you the answers you need. Guardianship can be a confusing and complicated process without the help of an attorney, and we are here to alleviate that stress. Contact McDowell Chartered Legal Services today at (316) 269-0746 to see how we can successfully assist you with your guardianship questions.
