Guardianship Laws In Kansas

“The only abnormality is incapacity to love.”
Anais Nin

When an adult is in danger of no longer physically or mentally being capable of taking care of his or her everyday needs, a legal guardianship change may be the best option. A guardian’s job is to protect the person under guardianship. Of the many considerations the state of Kansas will look into is whether or not there is another means of protecting the welfare and of the person without them having to lose their most basic rights.

Least Restrictive Alternative

When Kansas courts hear guardianship cases, they apply what is called the “least restrictive alternative standard.” This simply represents the intention to ensure that a guardianship be established only as a last result for the person in need of care.

Personal & Financial

The guardianship laws of the State of Kansas tether legal guardianship to conservatorship.  The idea is that if an adult needs guardianship to help manage their day-to-day lives, that adult would not be able to capable of stewarding their finances (without potentially being taken advantage of).  Therefore the guardian receives financial responsibilities (conservatorship) ward along with duties of care.

Inability To Communicate

Communication ability is one of the key determinants Kanas courts will consider in deciding if guardianship is needed.  If a person is able to understand and evaluate issues pertinent to their daily routines, guardianship may not be deemed necessary. When, however, a person is unable to process information and communicate their wishes in a coherent manner, guardianship is considered.

How Do I Pursue Guardianship For A Loved One?

If you believe your loved one is in need of guardianship and you would like to pursue becoming the guardian, contact Attorney Jean W. Wise today.  She can help walk you through the filing process.  Once letters of guardianship are official, you will be able to legally act on behalf of the good of your loved one.

Contact Jean W. Wise, Attorney at Law today for a compassionate discussion of your situation and legal rights.