In the State of Kansas, a guardianship or conservatorship is an attempt by the state to provide help and protection for a person when that person is incapable of acting in his or her own best interest. A guardianship refers to the need for assistance with physical health, safety or welfare. A conservatorship refers to the need for assistance with managing a person’s estate or business affairs. A guardianship or conservatorship is not necessarily intended to be forever. The State’s objective is to restore the person to complete decision-making capacity and to close the guardianship as quickly as possible, according to the Kansas Guardianship Program.
In order to gain the legal right to assist the person in need of care, a guardianship and/or conservatorship must be filed and the Court becomes involved. The Court subsequently appoints a Guardian and/or Conservator over the person and/or their estate/property. When discussing guardianships and conservatorships, we generally are referring to one of two types of individuals in need: adults or minors.
An individual over the age of 18 is considered a legal adult. Adults are assumed to be capable of making their own health and financial decisions unless a court determines otherwise. If a mental or physical condition renders an adult incapable of making sound decisions and acting in his or her own best interest, the court may appoint someone to make decisions on that person’s behalf. A guardian is appointed to make decisions relating to the individual and a conservator is appointed to make decisions relating to the individual’s finances. In Kansas, adult individuals are only deemed in need of a guardian if they are impaired AND there are no appropriate alternatives for meeting essential needs.
A minor who needs a guardian means a person under 18 years of age who otherwise meets the definition
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Davis & McCann, P. A.,