Appointing a guardian allows an adult other than the child’s parents to legally care for the child and serve the child’s best interest. The laws surrounding guardianship are regulated according to the state and therefore may be different as a result. It is important to understand the subjective guardianship laws in Kansas to adequately prepare for an appointment and ensure you are qualified for the role.
Who Needs Guardianship
The factors or circumstances that arise to create the need for guardianship are broad. However, all focus on the needs of the child or adult. Guardianship is available to both children under the age of eighteen and adults in need of care. Children who do not have family that are fit, capable or willing to care for their children may be suitable for guardianship. Guardianship is similar to adoption although not as permanent and does not require the termination of parental rights.
Guardianship Establishment Process in Kansas
An adult who wishes to be appointed as guardian of a child or adult with special needs must petition the court in the county’s district court. Within the petition, the prospective guardian must include facts surrounding the situation and the reasoning behind the request. The court will most likely schedule a hearing in order to hear testimony from all parties involved so he or she can make a more informed discretionary decision.
If the child is over the age of fourteen, Kansas statutes provide that he or she can make a nomination as to who they wish to be appointed as their guardian. If the individual is an adult a report or examination may be required to discuss their physical or mental condition based on a physician’s opinion stating why guardianship is necessary.
Prior to appointing a guardian, the court requires an oath to be signed, relinquishing certain rights of the individual and assigning certain rights to the appointed guardian. If the court grants the guardianship and appoints a guardian the judge will sign and issue Letters of Guardianship Appointment. This document proves the legal rights afforded to the guardian and their ability to make decisions on behalf of the child.
The court will continue to monitor the actions of the guardian and the care of the ward to ensure their well-being is provided for. If a guardian can no longer fulfill their role they must petition to terminate their appointment and a hearing will be held to appoint a new guardian. Co-guardians may also be appointed if it is felt that two individuals will collectively care more efficiently for the ward in comparison to one guardian.
Contact Experienced Kansas Guardianship Lawyer Tom McDowell Today
If you are considering establishing guardianship or wish to be appointed as a guardian for a child, an adult with special needs or an elderly person, our qualified Kansas law firm is here to help. Call Kansas Guardianship Lawyer Tom McDowell, of McDowell Chartered Legal Services, today at (316) 269-0746, to discuss the best options available to you and your loved one.
