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What is Guardianship?
Guardianship pertains to the personal and medical well-being of a dependent person. A guardian is responsible for deciding the living arrangements, healthcare, and general welfare of the ward. The arrangement is necessary for individuals who cannot care for or make these decisions for themselves.
What are the Powers of a Guardian?
Kansas Law outlines the duties, responsibilities, powers, and authorities of guardians in a general overview.
A guardianship is a legal mandate petitioned to protect an impaired individual or ward. A guardian must manage a ward’s personal health, safety, and welfare. A guardian’s duties are separate from those of a conservator, but both are subject to the court’s control and discretion.
The court order, which depends on the circumstances and capacities of the ward, will explain the specific details of guardianship, including the duties of the guardian.
What is the Difference Between a Guardianship and a Conservatorship?
As stated, a guardianship is a court-appointed caretaker who oversees the ward’s day-to-day life and needs. A conservatorship, however, focuses only on the individual’s financial affairs.
A key difference between the two is the scope of responsibility. A guardianship primarily deals with the personal and medical care of the individual by ensuring they reside in a secure environment and receive adequate medical care and support. A conservatorship is responsible for financial matters, such as paying bills, managing investments, and protecting assets, because its main focus is maintaining the financial health and security of the ward.
The second main difference between conservatorship and guardianship is that guardians have the legal authority to make personal and healthcare-related decisions on the ward’s behalf, such as choosing where the individual will live, medical consent for treatments, and other decisions impacting the ward’s life. A conservatorship’s decision-making ability is only enforceable regarding the finances of the ward. Their job is to ensure all financial obligations are met, but they cannot make personal or healthcare decisions unless they are also the appointed guardian.
Who is Eligible to File for Guardianship?
The role of a guardian is vital, and the person who is appointed this title must be capable and trustworthy. Eligibility for the role of guardian is taken very seriously to uphold these standards.
To file for guardianship of a minor, the proposed guardian must meet the following criteria:
- The guardian must be a legal adult who is 18 years of age or older and must demonstrate an ability to make sound decisions and manage the responsibilities associated with guardianship.
- A background test is required that ensures the proposed guardian has no history of abuse, neglect, or exploitation of vulnerable persons, including through criminal records and past legal involvement.
- The court usually prefers direct family members to be appointed guardians of the child due to their personal connection and understanding of the ward’s needs. However, non-relatives may also be appointed if they demonstrate significant concern for the child’s well-being and can act in the child’s best interest.
A guardian is subjected to speculation regarding potential conflicts of interest that may impair their ability to act in accordance with the ward’s needs.
Kansas family courts are ultimately responsible for making the final decision to appoint a guardian. They consider the candidate’s suitability based on the minor’s specific needs and circumstances.
Specific training or orientation may be required for guardians to ensure that they are well prepared for their duties and to understand their legal and ethical considerations better.
What are the Types of Guardianships?
Kansas recognizes many types of guardianship. It is important to speak with an elder law attorney at Barnds Law LLC to ensure the best possible outcome for your case.
- Standby Guardianship: This option allows a ward to have a person appointed to take over care in the event of the current guardian’s death, illness, resignation, or other unforeseen circumstances.
- Co-guardianship: There are times when an appointed guardian is someone other than the appointed conservator. When two people are appointed to oversee an individual’s care, they work together to make decisions and provide care for the ward’s health, well-being, and financial security.
- Temporary guardianship: A temporary guardianship is appointed when there is an imminent threat to the ward’s health or safety.
How is a Temporary Guardian Appointed?
A temporary guardian may be requested at the same time or after the petition for guardian. When this occurs, an ex parte hearing is conducted, and a guardian may be appointed pending the regular hearing. A temporary placement order can be made at the temporary guardianship hearing
A petition for temporary guardianship may be necessary if it appears there is imminent danger to the ward’s physical health or safety and that they may be seriously injured unless action is taken. The proposed ward or interested party may petition the court currently conducting the proceedings for guardianship for the emergency appointment of a guardian.
A temporary guardianship may not have the extensive duties of the long-term guardian but will likely be limited to the ability to make arrangements for the care of the ward and to protect their safety and comfort.
A temporary guardianship cannot last longer than 30 days but may be periodically extended by the court until the hearing on long-term guardianship, at which point it will automatically expire.
Do I Need an Attorney?
Guardianships are legal arrangements meant to protect society’s most vulnerable members. They are not to be taken lightly or left to inexperienced discretion. If you have questions about guardianships, call Barnds Law LLC at 913-514-0909 or fill out a contact form to schedule your consultation.
