GUARDIANSHIP & CONSERVATORSHIPS

When a parent, spouse or other individual (ex: aunt/uncle) is incapacitated and has no power of attorney in place, it may become necessary to proceed with a guardianship and conservatorship. This is because without a Durable Power of Attorney, no one has authority to sign contractual or other documents on behalf of the incapacitated person. The Order appointing the Guardian and Conservator will reflect the authority given to the person appointed by the court to act on behalf of the individual who has become incapacitated.

We have also seen an increase in grandparents raising grandchildren. This is a situation where a guardianship and conservatorship may become necessary. It may be necessary for the grandparent to show the necessary authority appropriate for the grandparent have custody of the children and make decisions for them.

A Guardian and Conservator is required to file an annual report and accounting with the Court pursuant to Kansas laws.

A guardianship or conservatorship may also be appropriate for minor child with disabilities who is turning age 18. It may be necessary for the parents of such a child to have the necessary authority to manage their finances or care.

Medicaid issues and related planning continue to grow in importance as people continue to live longer lives and need long-term care. Proper planning can help you to maximize resources.