Kansas Guardianship/Conservatorship Attorney in Overland Park, Kansas

Both guardianship and conservatorship proceedings are intended to protect those who cannot make certain decisions on their own due to age or incapacity. Guardianship and conservatorship are crucial because they provide comfort and peace of mind knowing that you or your loved one and their affairs will be taken care of.   

However, the process of establishing a guardianship or conservatorship in Kansas can be complex. Serving as a guardian or conservator may also be confusing if you do not understand your duties and responsibilities.   

That is why you may need to contact a knowledgeable attorney to help you through the challenges you may face when establishing a guardianship/conservatorship or being appointed to serve as a guardian or conservator. As a family law attorney at Rundberg Law, LLC, I assist clients with different types of guardianship and conservatorship matters in Kansas.

Guardianship in Kansas & Missouri  

Kansas defines a guardian as a court-appointed individual or corporation who has the legal right and responsibility to take care of and make decisions on behalf of a minor or an incapacitated adult person. A ward is a minor or an incapacitated person who cannot make decisions on their own.  

Any person who wishes to be appointed as a guardian needs to file appropriate papers with the court and go through several steps. There are two different types of guardianship that may be granted: 

1. Full guardianship. An individual or corporation with full guardianship has complete decision-making authority to manage all aspects of the ward’s life.   

2. Limited guardianship. With limited guardianship, the court-appointed guardian has the authority to make some, but not all, of the financial and personal decisions on behalf of the ward.  

With limited guardianship, the guardian has only the legal rights and powers granted by the court. If you were appointed to serve as someone’s guardian, but you do not understand the scope of your duties, speak with an attorney to avoid potential legal issues and misunderstanding.  

Who Can Be a Guardian?  

A guardian can be either an individual or a corporation. Generally, courts have a preference for appointing certain parties as guardians:  

• An individual or corporation designated by the ward before losing their physical or mental capacity  

• Spouse  

• Blood relatives  

As a rule of thumb, anyone can be a guardian as long as the individual is not a minor and does not have a conflict of interest. While the guardian’s responsibilities and duties vary depending on whether the arrangement is full or limited, the guardian may be responsible for managing a wide range of the ward’s physical needs and personal affairs.    

The appointed guardian also has a fiduciary duty to act in the best interests of the ward. A breach of fiduciary duty would make the guardian personally liable for any harm done.   

Conservatorships in Kansas   

Unlike guardianship, which gives a guardian the authority over the minor or adult person, a conservatorship gives a conservator the authority over the estate of the conservatee. In particular, a conservator can supervise the conservatee’s financial affairs, manage their bank accounts, pay their bills, and make other financial decisions on their behalf.   

A conservator is required to act in the best interest of the conservatee. In order to establish a conservatorship in Kansas, the petitioner must file appropriate papers with the court and provide reasoning for conservatorship.   

The process of establishing a guardianship or conservatorship may seem confusing and daunting. That is why you may need a skilled guardianship/conservatorship attorney to walk you through each step of the process and ensure that your loved ones have the care and assistance they deserve