Disclaimer: This article is for educational purposes and is not legal advice.
Detailed Answer
Overview of Guardianship and Conservatorship in Kansas
Under Kansas law, you can seek a guardian to make personal decisions for an incapacitated adult and a conservator to manage their estate. The governing provisions appear in the Kansas Statutes Annotated (K.S.A.) Chapter 59, Article 3.
Step 1: File a Petition
Initiate the process by filing a petition in the district court where the proposed ward resides. Include facts about age, capacity, and need. See K.S.A. 59-304 for requirements.
Step 2: Appoint a Court Visitor or Guardian ad Litem
The court must appoint a visitor or guardian ad litem to assess the proposed ward’s needs and protect their interests. See K.S.A. 59-306.
Step 3: Serve Notice
Serve notice of the petition and hearing at least 14 days before the hearing to the proposed ward, spouse, adult children, parents, and other interested parties. See K.S.A. 59-306.
Step 4: Obtain a Medical Report
Provide a medical evaluation by a qualified professional. The report must address the individual’s functional abilities. See K.S.A. 59-305.
Step 5: Attend the Court Hearing
Present evidence of incapacity, including testimony, medical reports, and the court visitor’s recommendation. The judge will decide based on clear and convincing evidence. See K.S.A. 59-315.
Step 6: Obtain Letters and Bond
After appointment, file an oath and any required bond. The court then issues letters of guardianship or conservatorship to prove your authority. See K.S.A. 59-328.
Step 7: Fulfill Ongoing Duties
The guardian oversees personal care decisions and the conservator manages finances. File annual reports detailing the ward’s status and estate accounting. See K.S.A. 59-327.
Helpful Hints
- Gather medical and financial records before filing.
- Consider alternatives like powers of attorney first.
- Work with an attorney experienced in Kansas guardianship law.
- Keep meticulous records to comply with court requirements.
- Prepare for possible objections from family members.