Many individuals or families understand the need or benefit of establishing guardianship of a child, however they may not be fully aware of the various types of guardianship that are available in Kansas. Identifying the child and family’s circumstances, variants in timelines and necessary care for a child are the first steps to knowing which type of guardianship is best suited to maintain the child’s best interest. The judge has final discretion as to ordering and appointing a guardian and will weigh a plethora of factors when making his or her decision. An attorney who has extensive knowledge in the areas of guardianship law and the processing of appointing a guardian in Kansas can be greatly beneficial when effectively navigating the court process. Regardless of whether or not you seek the assistance of an attorney it is important to know which type of guardianship is most applicable in your situation so you are sufficiently prepared to begin the process.
Guardianship of the Estate vs. Guardianship of the Minor Person
It is first necessary to distinguish which type of guardianship would be most beneficial and applicable in the child’s circumstance. Guardianship of the minor person covers all physical and environmental aspects of the child’s well-being and ensures their personal needs are provided for. This includes medical and dental decisions and care, education enrollment and oversight, their healthy living arrangements and many others. Whereas, a guardian of the estate of the minor has the authority to oversee their finances and the decisions involved therein. The person appointed to this role can be a family member, an attorney or an accountant. The essential role and responsibility of the Guardian of the Estate is to properly and soundly manage the finances of the minor and protect their financial best interest.
Extent of Authority Based on Type of Guardianship in Kansas
Depending on what type best suits the needs of a minor child, there are different extents of guardianship that may be established. For example, an emergency guardianship may be established if there is urgent or emergency need on behalf of the child. This is a temporary and limited appointed position and usually remains until the need has been relieved or permanent guardianship has been deemed necessary. A person may also be assigned limited guardianship, which as its name suggests only affords a certain, limited amount of authoritative role and responsibility. A durable power of attorney may also be sufficient and meet the needs of a family who wishes to grant temporary care to a relative or grandparent for a limited purpose or amount of time.
Contact a Kansas Guardianship Attorney to Decipher Which Type of Guardianship Best Suits You
The nuances of guardianship can be difficult to understand as it relates to what is best for the child. Entrusting someone with his or her care is incredibly important and should not be taken lightly. Contact Tom McDowell, a trusted Kansas Guardianship Lawyer, with your questions regarding establishing guardianship. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we will assist you with your guardianship matter.
