Like most states, Kansas law says that when a child turns eighteen, they are considered an adult. Generally, this implies that as an adult they can make certain decisions regarding their health, finances, and overall well-being. In a legal capacity, an adult must be competent to make these decisions and if they are not they may need the help of an appointed guardian.
Many children with special needs turn eighteen and are not competent, or able, to make such decisions and parents find it is beneficial to name themselves or another adult as their child’s guardian. An established guardianship allows another capable and qualified adult to provide the care, oversight, and assistance an adult requires in regards to their personal needs.
Does My Child Need a Guardian?
Guardianship is an important decision, and one that should not be made without deeply understanding the needs of your child, what guardianship offers and the legal process that is involved. Appointing a guardian can be a time-consuming and serious matter that you should discuss with a qualified Kansas Guardianship Attorney prior to starting the process. First, it is necessary to analyze properly whether or not your child needs a guardian, and if so to what extent. Because appointing a guardian directly means the individual in need will lose some freedoms, careful consideration should be taken. Specifically, a guardian is given legal authority to make decisions regarding medical care, living arrangements and other personal decisions.
An attorney in collaboration with a physician can help you assess whether or not establishing guardianship is necessary based on the individual’s needs. A distinction should be made between guardianship and conservatorship. Conservatorship provides care and management of the individual’s financial well-being, whereas guardianship cares for their personal well-being. Based on their level of need you can determine the level of care and assistance that is necessary. Less restrictive alternatives should always be explored first, such as community volunteer care, family support, a power of attorney or creating a special needs trust.
Appointing a Guardian Through the Court
If you and your family decide that guardianship is the most beneficial and suitable option, you must appoint a guardian through the court system. As an interested person, you can file a petition in the proper court, which will begin the process. A hearing may be held for the judge to assess the petition and the facts before him or her and hear relevant testimony if necessary.
As the petitioner, it is your obligation to present evidence as to why establishing guardianship is required and the benefit it will provide. After hearing and assessing the evidence, the judge will make its decision and either grant or deny the establishment of a guardianship. If a guardianship is granted, the named guardian will be given the legal authority to make decisions on behalf of the individual for the allotted or indefinite period of time. Guardianship will last until a petition is filed to terminate a guardianship, it is no longer necessary or when the individual dies. Two individuals can also petition to become co-guardians if sharing the responsibility would benefit all parties.
Contact Experienced Kansas Guardianship Lawyer Tom McDowell Today
If you are considering establishing guardianship for your special needs child who will soon turn 18, 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 child.
