Prior to beginning the process of establishing guardianship, a court must declare that the person or child is incapacitated and in need of care. A declared incapacitated person or child is called a ward and can be a child under the age of eighteen, or an adult who is eighteen years or older. Incapacitation may be established through evaluation of a variety of factors, however the overarching characteristic is the inability to adequately care for one’s self, based on physical or mental ability. Basic care needs include clothing, shelter, hygiene and being able to sustain a suitable living environment and safe lifestyle. Laws surrounding guardianship and the necessary process are governed by state laws and therefore should be researched accordingly.
Incapacitation of Adult or Impaired Child
Naturally, children are often considered to be in need of care due to their dependence and immaturity according to their age, however many adults with disabilities or illnesses are also in need of the care an appointed guardian can provide. Minors who are emancipated must be considered impaired in order to qualify for guardianship appointment. According to Kansas’s guardianship laws, a minor is emancipated if he or she has been legally vested with adult rights due to the consequences of certain acts such as getting married or joining the military. The court in conjunction with medical expert testimony and opinion may determine the level of an adult’s incapacity. Once guardianship is established this person is called a ward, however prior to appointment they are referred to as the respondent.
Court Process in Kansas
A person who recognizes the need for guardianship in an incapacitated individual and seeks to petition to establish guardianship is usually a relative or loved one but can also be any interested person. This person must be an adult and should meet a minimum set of criteria assessed by the judge in order to ensure the ward’s best interest will be cared for and the guardian is “fit and proper” to execute their role’s responsibilities. Certain interested parties may be given special consideration due to their relationship with the person, or by their nomination by a close family member or someone acting as their agent through power of attorney.
Establishing and Terminating Guardianship
After analyzing the facts and testimony surrounding the proposed ward’s circumstances, and based on their need, the court will declare incapacity and appoint a guardian. The court will submit an order that declares the rights of the guardian and the limited scope of guardianship if applicable. This may occur if a limited or partial guardianship is more appropriate given the ward’s abilities. In order to terminate the guardianship,
Kansas Guardianship Attorney Tom McDowell Can Answer Your Adult or Child Guardianship Questions Today
For over 40 years, Kansas Guardianship Attorney Tom McDowell has successfully helped families through the guardianship process. He understands the questions and concerns you may have and looks forward to helping you with your specific matter today. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we can help you successfully appoint a guardian.
