How to Establish Legal Guardianship for a Minor or Incapacitated Adult

Are You Trying to Establish a Legal Guardianship for a Loved One?

Watching someone you love struggle to care for themselves is difficult, but when that person is a child, or an incapacitated or disabled adult, you may start to think you need to do something. Legal guardianship is a court-ordered arrangement where a person is granted the legal authority to make personal or financial decisions for another person who is unable to care for themselves due to age, incapacity, or disability.

If that sounds like the perfect solution to your situation, you should be aware that this process is long, complicated, and emotionally taxing. Even if the court agrees that the person in question may need help, it doesn’t mean they will grant legal guardianship on the spot.

You can significantly increase your odds of a successful legal guardianship petition by employing the help of a legal guardianship attorney. Barnds Law LLC has the team of professionals who can help you through the process so you can care for a vulnerable loved one.

Call 913-514-0909 to schedule a strategy session today.

Who is Involved in Establishing Legal Guardianship?

To establish a legal guardianship, you first have to understand the key parties of a legal guardianship.

The ward: The individual who needs care or assistance. They can be a minor child, or an incapacitated or disabled adult.
The guardian: The person appointed by the court to make decisions on behalf of the ward.
The petitioner: The person who files the guardianship petition. This is usually the same person who is seeking to become a guardian, but any interested or concerned party can do this.
Interested parties: Family members, friends, or others who are concerned about the well-being of the ward.
The court: The legal authority that reviews the petition, examines the evidence, hears testimony, and has the final decision on whether or not the guardianship is necessary.
Guardian ad litem: An independent person who may be assigned to investigate the situation. They represent the ward’s best interests.

What Types of Legal Guardianship are There?

There are multiple types of legal guardianship, each intended for different situations.

Which of these appears to be what you need for your situation?

Guardian of the person: Appointed to make decisions about the ward’s personal well-being, including healthcare, living arrangements, and daily care.
Guardian of the estate: Also known as a conservator, this person manages their ward’s finances, property, and legal affairs.
Plenary guardianship: Grants full authority of both the person and the estate.
Limited guardianship: Grants limited authority over specific areas of the ward’s life.
Temporary guardianship: A short-term arrangement that is usually used in emergencies.
Standby guardianship: Designated in advance to take over guardianship duties upon the death or incapacitation of the current guardian to avoid gaps in care.

How Do You Establish Legal Guardianship in Kansas?

There are many steps to follow when attempting to establish a legal guardianship, and missing a step, being unprepared, or making a mistake can cause significant delays or even result in the petition being denied.

A simplified map of these steps looks like this:

Confirm the need: Determine that the individual cannot manage their personal or financial matters.
Choose the type: Decide which of the guardianships mentioned earlier would best suit the situation.
Prepare documentation: Gather medical and background records, and speak with witnesses.
File a petition: Submit your paperwork to the appropriate court.
Notify interested parties: Inform the family and other people who are legally entitled to notice.
Undergo evaluation: The court may appoint a guardian ad litem to investigate the case.
Attend a hearing: The judge reviews evidence and decides whether or not to appoint a guardian.
The guardian is appointed: If approved, the guardian issues an order establishing guardianship.

Even if you successfully petition the court for legal guardianship, your duties are far from over. You may be required to attend training to understand better how to provide care for your ward. The court may require monthly reports and regular in-person updates to ensure you are acting in your ward’s best interests.

In instances of guardianship of the estate, you will likely be required to keep comprehensive documentation of expenses, and you will likely have to seek approval from the court before making larger transactions for your ward, such as buying or selling property.

Who Can Be Appointed a Legal Guardian?

Adult family members
Spouse or domestic partner
Friends or caregivers
Attorneys or professionals
Public and agency guardians

There are even instances where the proposed ward requests a guardian when they feel like they need extra help.

How Does a Guardianship Attorney Help?

Guardianship lawyers play a vital role in legal guardianship cases. They can help you determine whether guardianship is appropriate or if there are other, more fitting legal options. They will draft the petition and complete all necessary court forms, ensuring everything is turned into the right court office. They will also ensure you meet all major deadlines to avoid delays.

Barnds Law LLC is here to help you understand legal guardianships and figure out the best path for you and your loved one.

We will advocate for you in court during the hearing and present evidence that proves your claims. Our firm knows the medical experts who can evaluate the situation and offer testimony. When your petition is approved, we will educate you on your new responsibilities, ensuring you are meeting all of your legal obligations.

If an interested party disputes the petition, we will help you resolve the issue with a level head and evidence.

We understand that you have likely been worried about this for a long time. Call 913-514-0909 for a strategy session where we will hear your case and determine the best course of action.